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MTSU Fall 2024 Software Engineering 14

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Lake Tahoe Restoration Act of 2013 - Reauthorizes the Lake Tahoe Restoration Act. (Sec. 2) Revises the purposes of the Act. (Sec. 4) Requires the Lake Tahoe Basin Management Unit to: (1) manage vehicular parking and traffic in the Unit with priority given to improving public access to the Basin, coordinating with the Nevada Department of Transportation, Caltrans, state parks and other entities along Nevada highway 28 and California Highway 89, and providing support to local public transit systems in the management and operations of activities under such Act; and (2) support the attainment of the environmental threshold carrying capacities. Authorizes the Secretary of Agriculture (USDA), acting through the Chief of the U.S. Forest Service, to enter into a contract or agreement with the Department of Transportation (DOT) to secure operating and capital funds from the National Forest Transit Program. Requires the Secretary, acting through the Chief, to: (1) conduct forest management activities in the Basin in a manner that helps achieve and maintain the environmental threshold carrying capacities established by the Tahoe Regional Planning Agency (TRPA) and attains multiple ecosystem benefits, unless the attainment of such benefits would excessively increase project costs in relation to the additional benefits gained; (2) establish post-project ground condition criteria for ground disturbance caused by forest management activities; and (3) provide for monitoring to ascertain the attainment of such conditions. Withdraws federal land located in the Unit from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing. Exempts from such withdrawal a conveyance of land that is carried out under the Lake Tahoe Restoration Act or the Santini-Burton Act. Authorizes the Secretary, in conjunction with land adjustment projects or programs and during the four fiscal years following this Act's enactment, to enter into contracts and cooperative agreements with entities to provide for fuel reduction, erosion control, reforestation, Stream Environmental Zone restoration, and similar management activities on land within such projects or programs. (Sec. 5) Revises consultation requirements by requiring the Secretary, the Administrator of the Environmental Protection Agency (EPA), the Director of the U.S. Fish and Wildlife Service (USFWS), and the Director of the United States Geological Survey (USGS) to consult with the heads of the Washoe Tribe, governmental agencies, and the Lake Tahoe Federal Advisory Committee (currently TRPA, the Tahoe Federal Interagency Partnership, the Lake Tahoe Basin Federal Advisory Committee, representatives of the Unit, and the Lake Tahoe Transportation and Water Quality Coalition). (Sec. 6) Authorizes the Secretary, the Assistant Secretary of the Army for Civil Works, the Directors, and the Administrator to implement or provide financial assistance for stormwater and watershed restoration projects, wildfire prevention and fire restoration projects, the Aquatic Invasive Species Program, the Lahontan Cutthroat Trout Recovery Program, the Lake Tahoe Basin Program, and projects included in the prioritized list that have been subjected to environmental review and approval under federal and state law and the Tahoe Regional Planning Compact. Authorizes funding for the projects as well as for outreach, reporting requirements, the annual budget plan, and for the California Tahoe Conservancy to facilitate the conveyance of land described in the Santini-Burton Act. (Sec. 7) Requires the Chair of the Lake Tahoe Federal Interagency Partnership to submit to Congress by February 15 of the year after this Act's enactment a prioritized list of all the Environmental Improvement Program (EIP) projects for the Basin. Requires the priority of projects included on the list to be based on the best available science and on specified criteria, with preference given to projects that benefit existing neighborhoods in the Basin that are at or below regional median income levels. Requires the list to be revised every two years or on a finding of compelling need justifying a priority shift. Requires the USFWS to deploy strategies consistent with the Lake Tahoe Aquatic Invasive Species Management Plan to prevent the introduction of aquatic invasive species into the Basin. Applies those strategies to all watercraft to be launched on water within the Basin. Authorizes the TRPA to certify state and local agencies to perform decontamination activities at locations outside the Basin if standards at the sites meet or exceed standards for similar sites in the Basin. Authorizes the strategies to be modified if the Secretary of the Interior issues a determination that alternative measures will be no less effective at preventing the introduction of aquatic invasive species into Lake Tahoe. Authorizes the USFWS to collect and spend fees for decontamination only at a level sufficient to cover the costs of operation of inspection and decontamination stations. Sets forth civil penalties for launching watercraft not in compliance with such strategies. Authorizes the Assistant Secretary of the Army for Civil Works to enter into interagency agreements with nonfederal interests in the Basin to use Lake Tahoe Partnership-Miscellaneous General Investigations funds to provide programmatic technical assistance for EIP. Requires the Secretary, the Administrator, the TRPA, California, Nevada, and the Tahoe Science Consortium to implement a Lake Tahoe Basin Science Program that includes: developing and updating an integrated multiagency programmatic assessment and monitoring plan to evaluate the effectiveness of EIP and the status and trends of indicators related to environmental threshold carrying capacities and to assess the impacts and risks of changing water temperature and precipitation and invasive species; producing and synthesizing scientific information necessary for the identification and refinement of environmental indicators for the Basin and the evaluation of standards and benchmarks; conducting applied research, programmatic technical assessments, scientific data management, analysis, and reporting related to key management questions; developing new tools and information to support objective assessments for land use and resource conditions; providing support to governments in reducing pollutants that contribute to the loss of lake clarity and implementing an integrated stormwater monitoring assessment program; and providing support for the development of management strategies to accommodate changing water temperature and precipitation in the Basin. Requires the Secretary, Administrator, and Directors to conduct related public education and outreach programs. Requires USGS to provide scientific and technical guidance to the public outreach and education programs. Requires the Secretary to report to Congress on the status of projects authorized by this Act, expenditures to implement EIP and projects authorized under this Act, accomplishments in implementing this Act, and public education and outreach efforts undertaken to implement programs and projects. Requires the President, as part of the annual budget, to submit information regarding each federal agency involved in EIP. (Sec. 9) Authorizes appropriations for such Act for a period of 10 fiscal years beginning the first fiscal year after enactment of this Act. (Sec. 10) Authorizes the Secretary: (1) to accept a donation of approximately 1,981 acres of land administered by the California Tahoe Conservancy and approximately 187 acres of land administered by California State Parks; and (2) after receiving the title to those acres, to convey to California approximately 1,995 acres of Forest Service land.

113 S1451 RS: Lake Tahoe Restoration Act of 2013 U.S. Senate 2013-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 422 113th CONGRESS 2d Session S. 1451 [Report No. 113–191] IN THE SENATE OF THE UNITED STATES August 1, 2013 Mrs. Feinstein Mr. Reid Mr. Heller Mrs. Boxer Committee on Environment and Public Works June 5, 2014 Reported by Mrs. Boxer A BILL To provide for environmental restoration activities and forest management activities in the Lake Tahoe Basin, to amend title 18, United States Code, to prohibit the importation or shipment of quagga mussels, and for other purposes. 1. Short title This Act may be cited as the Lake Tahoe Restoration Act of 2013 2. Findings and purposes The Lake Tahoe Restoration Act ( Public Law 106–506 2. Findings and purposes (a) Findings Congress finds that— (1) Lake Tahoe— (A) is one of the largest, deepest, and clearest lakes in the world; (B) has a cobalt blue color, a biologically diverse alpine setting, and remarkable water clarity; and (C) is recognized nationally and worldwide as a natural resource of special significance; (2) in addition to being a scenic and ecological treasure, the Lake Tahoe Basin is one of the outstanding recreational resources of the United States, which— (A) offers skiing, water sports, biking, camping, and hiking to millions of visitors each year; and (B) contributes significantly to the economies of California, Nevada, and the United States; (3) the economy in the Lake Tahoe Basin is dependent on the protection and restoration of the natural beauty and recreation opportunities in the area; (4) the Lake Tahoe Basin continues to be threatened by the impacts of land use and transportation patterns developed in the last century that damage the fragile watershed of the Basin; (5) the water clarity of Lake Tahoe declined from a visibility level of 105 feet in 1967 to only 70 feet in 2008; (6) the rate of decline in water clarity of Lake Tahoe has decreased in recent years; (7) a stable water clarity level for Lake Tahoe could be achieved through feasible control measures for very fine sediment particles and nutrients; (8) fine sediments that cloud Lake Tahoe, and key nutrients such as phosphorus and nitrogen that support the growth of algae and invasive plants, continue to flow into the lake from stormwater runoff from developed areas, roads, turf, other disturbed land, and streams; (9) the destruction and alteration of wetland, wet meadows, and stream zone habitat have compromised the natural capacity of the watershed to filter sediment, nutrients, and pollutants before reaching Lake Tahoe; (10) approximately 25 percent of the trees in the Lake Tahoe Basin are either dead or dying; (11) forests in the Tahoe Basin suffer from over a century of fire suppression and periodic drought, which have resulted in— (A) high tree density and mortality; (B) the loss of biological diversity; and (C) a large quantity of combustible forest fuels, which significantly increases the threat of catastrophic fire and insect infestation; (12) the establishment of several aquatic and terrestrial invasive species (including perennial pepperweed, milfoil, and Asian clam) threatens the ecosystem of the Lake Tahoe Basin; (13) there is an ongoing threat to the Lake Tahoe Basin of the introduction and establishment of other invasive species (such as yellow starthistle, New Zealand mud snail, and quagga mussel); (14) the report prepared by the University of California, Davis, entitled the State of the Lake Report (A) the average surface water temperature of Lake Tahoe has risen by more than 1.2 degrees Fahrenheit in the past 43 years; (B) since 1910, the percent of precipitation that has fallen as snow in the Lake Tahoe Basin decreased from 51 percent to 35.5 percent; and (C) daily air temperatures have increased by more than 4 degrees Fahrenheit and the trend in daily maximum temperature has risen by approximately 2 degrees Fahrenheit; (15) 75 percent of the land in the Lake Tahoe Basin is owned by the Federal Government, which makes it a Federal responsibility to restore environmental health to the Basin; (16) the Federal Government has a long history of environmental preservation at Lake Tahoe, including— (A) congressional consent to the establishment of the Tahoe Regional Planning Agency with— (i) the enactment in 1969 of Public Law 91–148 (ii) the enactment in 1980 of Public Law 96–551 (B) the establishment of the Lake Tahoe Basin Management Unit in 1973; (C) the enactment of Public Law 96–586 (D) the enactment of sections 341 and 342 of the Department of the Interior and Related Agencies Appropriations Act, 2004 ( Public Law 108–108 (E) the enactment of section 382 of the Tax Relief and Health Care Act of 2006 (Public Law 109–432; 120 Stat. 3045), which amended the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 (17) the Assistant Secretary of the Army for Civil Works was an original signatory in 1997 to the Agreement of Federal Departments on Protection of the Environment and Economic Health of the Lake Tahoe Basin; (18) the Chief of Engineers, under direction from the Assistant Secretary of the Army for Civil Works, has continued to be a significant contributor to Lake Tahoe Basin restoration, including— (A) stream and wetland restoration; (B) urban stormwater conveyance and treatment; and (C) programmatic technical assistance; (19) at the Lake Tahoe Presidential Forum in 1997, the President renewed the commitment of the Federal Government to Lake Tahoe by— (A) committing to increased Federal resources for environmental restoration at Lake Tahoe; and (B) establishing the Federal Interagency Partnership and Federal Advisory Committee to consult on natural resources issues concerning the Lake Tahoe Basin; (20) at the 2011 and 2012 Lake Tahoe Forums, Senator Reid, Senator Feinstein, Senator Heller, Senator Ensign, Governor Gibbons, Governor Sandoval, and Governor Brown— (A) renewed their commitment to Lake Tahoe; and (B) expressed their desire to fund the Federal and State shares of the Environmental Improvement Program through 2022; (21) since 1997, the Federal Government, the States of California and Nevada, units of local government, and the private sector have contributed more than $1,620,000,000 to the Lake Tahoe Basin, including— (A) $521,100,000 from the Federal Government; (B) $636,200,000 from the State of California; (C) $101,400,000 from the State of Nevada; (D) $68,200,000 from units of local government; and (E) $299,600,000 from private interests; (22) significant additional investment from Federal, State, local, and private sources is necessary— (A) to restore and sustain the environmental health of the Lake Tahoe Basin; (B) to adapt to the impacts of changing water temperature and precipitation; and (C) to protect the Lake Tahoe Basin from the introduction and establishment of invasive species; and (23) the Secretary has indicated that the Lake Tahoe Basin Management Unit has the capacity for at least $10,000,000 for the Fire Risk Reduction and Forest Management Program. (b) Purposes The purposes of this Act are— (1) to enable the Chief of the Forest Service, the Director of the United States Fish and Wildlife Service, and the Administrator of the Environmental Protection Agency, in cooperation with the Planning Agency and the States of California and Nevada, to fund, plan, and implement significant new environmental restoration activities and forest management activities to address in the Lake Tahoe Basin the issues described in paragraphs (4) through (14) of subsection (a); (2) to ensure that Federal, State, local, regional, tribal, and private entities continue to work together to manage land in the Lake Tahoe Basin and to coordinate on other activities in a manner that supports achievement and maintenance of— (A) the environmental threshold carrying capacities for the region; and (B) other applicable environmental standards and objectives; (3) to support local governments in efforts related to environmental restoration, stormwater pollution control, fire risk reduction, and forest management activities; and (4) to ensure that agency and science community representatives in the Lake Tahoe Basin work together— (A) to develop and implement a plan for integrated monitoring, assessment, and applied research to evaluate the effectiveness of the Environmental Improvement Program; and (B) to provide objective information as a basis for ongoing decisionmaking, with an emphasis on decisionmaking relating to public and private land use and resource management in the Basin. . 3. Definitions The Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking section 3 and inserting the following: 3. Definitions In this Act: (1) Administrator The term Administrator (2) Assistant secretary The term Assistant Secretary (3) Chair The term Chair (4) Compact The term Compact Public Law 96–551 (5) Directors The term Directors (A) the Director of the United States Fish and Wildlife Service; and (B) the Director of the United States Geological Survey. (6) Environmental improvement program The term Environmental Improvement Program (A) the Environmental Improvement Program adopted by the Planning Agency; and (B) any amendments to the Program. (7) Environmental threshold carrying capacity The term environmental threshold carrying capacity (8) Federal partnership The term Federal Partnership (9) Forest management activity The term forest management activity (A) prescribed burning for ecosystem health and hazardous fuels reduction; (B) mechanical and minimum tool treatment; (C) road decommissioning or reconstruction; (D) stream environment zone restoration and other watershed and wildlife habitat enhancements; (E) nonnative invasive species management; and (F) other activities consistent with Forest Service practices, as the Secretary determines to be appropriate. (10) Maps The term Maps (A) entitled— (i) LTRA USFS-CA Land Exchange/North Shore (ii) USFS-CA Land Exchange/West Shore (iii) USFS-CA Land Exchange/South Shore (B) dated April 12, 2013, and on file and available for public inspection in the appropriate offices of— (i) the Forest Service; (ii) the California Tahoe Conservancy; and (iii) the California Department of Parks and Recreation. (11) National wildland fire code The term national wildland fire code (A) the most recent publication of the National Fire Protection Association codes numbered 1141, 1142, 1143, and 1144; (B) the most recent publication of the International Wildland-Urban Interface Code of the International Code Council; or (C) any other code that the Secretary determines provides the same, or better, standards for protection against wildland fire as a code described in subparagraph (A) or (B). (12) Planning agency The term Planning Agency Public Law 91–148 Public Law 96–551 (13) Priority list The term Priority List (14) Secretary The term Secretary (15) Stream Environment Zone The term Stream Environment Zone (16) Total maximum daily load The term total maximum daily load 33 U.S.C. 1313(d) (17) Watercraft The term watercraft . 4. Administration of the lake tahoe basin management unit Section 4 of the Lake Tahoe Restoration Act ( Public Law 106–506 (1) in subsection (b)(3), by striking basin Basin (2) by adding at the end the following: (c) Transit (1) In general The Lake Tahoe Basin Management Unit shall, consistent with the regional transportation plan adopted by the Planning Agency, manage vehicular parking and traffic in the Lake Tahoe Basin Management Unit, with priority given— (A) to improving public access to the Lake Tahoe Basin, including the prioritization of alternatives to the private automobile, consistent with the requirements of the Compact; (B) to coordinating with the Nevada Department of Transportation, Caltrans, State parks, and other entities along Nevada Highway 28 and California Highway 89; and (C) to providing support and assistance to local public transit systems in the management and operations of activities under this subsection. (2) National forest transit program Consistent with the support and assistance provided under paragraph (1)(C), the Secretary, in consultation with the Secretary of Transportation, may enter into a contract, cooperative agreement, interagency agreement, or other agreement with the Department of Transportation to secure operating and capital funds from the National Forest Transit Program. (d) Forest management activities (1) Coordination (A) In general In conducting forest management activities in the Lake Tahoe Basin Management Unit, the Secretary shall, as appropriate, coordinate with the Administrator and State and local agencies and organizations, including local fire departments and volunteer groups. (B) Goals The coordination of activities under subparagraph (A) should aim to increase efficiencies and maximize the compatibility of management practices across public property boundaries. (2) Multiple benefits (A) In general In conducting forest management activities in the Lake Tahoe Basin Management Unit, the Secretary shall conduct the activities in a manner that— (i) except as provided in subparagraph (B), attains multiple ecosystem benefits, including— (I) reducing forest fuels; (II) maintaining or restoring biological diversity; (III) improving wetland and water quality, including in Stream Environment Zones; and (IV) increasing resilience to changing water temperature and precipitation; and (ii) helps achieve and maintain the environmental threshold carrying capacities established by the Planning Agency. (B) Exception Notwithstanding clause (A)(i), the attainment of multiple ecosystem benefits shall not be required if the Secretary determines that management for multiple ecosystem benefits would excessively increase the cost of a project in relation to the additional ecosystem benefits gained from the management activity. (3) Ground disturbance Consistent with applicable Federal law and Lake Tahoe Basin Management Unit land and resource management plan direction, the Secretary shall— (A) establish post-project ground condition criteria for ground disturbance caused by forest management activities; and (B) provide for monitoring to ascertain the attainment of the post-project conditions. (e) Withdrawal of Federal land (1) In general Subject to valid existing rights and paragraph (2), the Federal land located in the Lake Tahoe Basin Management Unit is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing. (2) Exceptions A conveyance of land shall be exempt from withdrawal under this subsection if carried out under— (A) the Lake Tahoe Restoration Act ( Public Law 106–506 (B) the Santini-Burton Act ( Public Law 96–586 (f) Environmental threshold carrying capacity The Lake Tahoe Basin Management Unit shall support the attainment of the environmental threshold carrying capacities. (g) Cooperative authorities During the 4 fiscal years following the date of enactment of the Lake Tahoe Restoration Act of 2013 . 5. Consultation The Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking section 5 and inserting the following: 5. Consultation In carrying out this Act, the Secretary, the Administrator, and the Directors shall, as appropriate and in a timely manner, consult with the heads of the Washoe Tribe, applicable Federal, State, regional, and local governmental agencies, and the Lake Tahoe Federal Advisory Committee. . 6. Authorized projects The Lake Tahoe Restoration Act ( Public Law 106–506 6. Authorized projects (a) In general The Secretary, the Assistant Secretary, the Directors, and the Administrator, in coordination with the Planning Agency and the States of California and Nevada, may carry out or provide financial assistance to any project or program that— (1) is described in subsection (d); (2) is included in the Priority List under section 8; and (3) furthers the purposes of the Environmental Improvement Program if the project has been subject to environmental review and approval, respectively, as required under Federal law, article 7 of the Compact, and State law, as applicable. (b) Restriction The Administrator shall use not more than 3 percent of the funds provided under subsection (a) for administering the projects or programs described in paragraphs (1) and (2) of subsection (d). (c) Monitoring and assessment All projects authorized under subsection (d) shall— (1) include funds for monitoring and assessment of the results and effectiveness at the project and program level consistent with the program developed under section 11; and (2) use the integrated multiagency performance measures established under section 13. (d) Description of activities (1) Stormwater management, erosion control, and total maximum daily load implementation Of the amounts made available under section 17(a), $75,000,000 shall be made available— (A) to the Secretary or the Administrator for the Federal share of stormwater management and related projects and programs consistent with the adopted Total Maximum Daily Load and near-shore water quality goals; and (B) for grants by the Secretary and the Administrator to carry out the projects and programs described in subparagraph (A). (2) Stream environment zone and watershed restoration Of the amounts made available under section 17(a), $38,000,000 shall be made available— (A) to the Secretary or the Assistant Secretary for the Federal share of the Upper Truckee River restoration projects and other watershed restoration projects identified in the priority list established under section 8; and (B) for grants by the Administrator to carry out the projects described in subparagraph (A). (3) Fire risk reduction and forest management (A) In general Of the amounts made available under section 17(a), $135,000,000 shall be made available to the Secretary to carry out, including by making grants, the following projects: (i) Projects identified as part of the Lake Tahoe Basin Multi-Jurisdictional Fuel Reduction and Wildfire Prevention Strategy 10-Year Plan. (ii) Competitive grants for fuels work to be awarded by the Secretary to communities that have adopted national wildland fire codes to implement the applicable portion of the 10-year plan described in clause (i). (iii) Biomass projects, including feasibility assessments and transportation of materials. (iv) Angora Fire Restoration projects under the jurisdiction of the Secretary. (v) Washoe Tribe projects on tribal lands within the Lake Tahoe Basin. (vi) Development of an updated Lake Tahoe Basin multijurisdictional fuel reduction and wildfire prevention strategy, consistent with section 4(d). (vii) Development of updated community wildfire protection plans by local fire districts. (viii) Municipal water infrastructure that significantly improves the firefighting capability of local government within the Lake Tahoe Basin. (B) Minimum allocation Of the amounts made available to the Secretary to carry out subparagraph (A), at least $80,000,000 shall be used by the Secretary for projects under subparagraph (A)(i). (C) Priority Units of local government that have dedicated funding for inspections and enforcement of defensible space regulations shall be given priority for amounts provided under this paragraph. (D) Cost-sharing requirements (i) In general As a condition on the receipt of funds, communities or local fire districts that receive funds under this paragraph shall provide a 25-percent match. (ii) Form of non-Federal share (I) In general The non-Federal share required under clause (i) may be in the form of cash contributions or in-kind contributions, including providing labor, equipment, supplies, space, and other operational needs. (II) Credit for certain dedicated funding There shall be credited toward the non-Federal share required under clause (i) any dedicated funding of the communities or local fire districts for a fuels reduction management program, defensible space inspections, or dooryard chipping. (III) Documentation Communities and local fire districts shall— (aa) maintain a record of in-kind contributions that describes— (AA) the monetary value of the in-kind contributions; and (BB) the manner in which the in-kind contributions assist in accomplishing project goals and objectives; and (bb) document in all requests for Federal funding, and include in the total project budget, evidence of the commitment to provide the non-Federal share through in-kind contributions. (4) Invasive species management Of the amounts to be made available under section 17(a), $30,000,000 shall be made available to the Director of the United States Fish and Wildlife Service for the Aquatic Invasive Species Program and the watercraft inspections described in section 9. (5) Special status species management Of the amounts to be made available under section 17(a), $20,000,000 shall be made available to the Director of the United States Fish and Wildlife Service for the Lahontan Cutthroat Trout Recovery Program. (6) Lake Tahoe Basin science program Of the amounts to be made available under section 17(a), $30,000,000 shall be made available to the Chief of the Forest Service to develop and implement, in coordination with the Tahoe Science Consortium, the Lake Tahoe Basin Science Program established under section 11. (7) Program performance and accountability (A) In general Of the amounts to be made available under section 17(a), $5,000,000 shall be made available to the Secretary to carry out sections 12, 13, and 14. (B) Planning agency Of the amounts described in subparagraph (A), not less than 50 percent shall be made available to the Planning Agency to carry out the program oversight, coordination, and outreach activities established under sections 12, 13, and 14. (8) Land conveyance (A) In general Of the amount made available under section 17(a), $2,000,000 shall be made available to the Secretary to carry out the activities under section 3(b)(2) of Public Law 96–586 Santini-Burton Act (B) Other funds Of the amounts available to the Secretary under subparagraph (A), not less than 50 percent shall be provided to the California Tahoe Conservancy to facilitate the conveyance of land described in section 3(b)(2) of Public Law 96–586 Santini-Burton Act . 7. Environmental restoration priority list The Lake Tahoe Restoration Act ( Public Law 106–506 (1) by striking sections 8 and 9; (2) by redesignating sections 10, 11, and 12 as sections 15, 16, and 17, respectively; and (3) by inserting after section 7 the following: 8. Environmental restoration priority list (a) Deadline Not later than February 15 of the year after the date of enactment of the Lake Tahoe Restoration Act of 2013 (b) Criteria (1) In general The priority of projects included in the Priority List shall be based on the best available science and the following criteria: (A) The 5-year threshold carrying capacity evaluation. (B) The ability to measure progress or success of the project. (C) The potential to significantly contribute to the achievement and maintenance of the environmental threshold carrying capacities identified in the Compact for— (i) air quality; (ii) fisheries; (iii) noise; (iv) recreation; (v) scenic resources; (vi) soil conservation; (vii) forest health; (viii) water quality; and (ix) wildlife. (D) The ability of a project to provide multiple benefits. (E) The ability of a project to leverage non-Federal contributions. (F) Stakeholder support for the project. (G) The justification of Federal interest. (H) Agency priority. (I) Agency capacity. (J) Cost-effectiveness. (K) Federal funding history. (2) Secondary factors In addition to the criteria under paragraph (1), the Chair shall, as the Chair determines to be appropriate, give preference to projects in the Priority List that benefit existing neighborhoods in the Basin that are at or below regional median income levels, based on the most recent census data available. (c) Revisions (1) In general The Priority List submitted under subsection (b) shall be revised— (A) every 2 years; or (B) on a finding of compelling need under paragraph (2). (2) Finding of compelling need (A) In general If the Secretary, the Administrator, or the Director of the United States Fish and Wildlife Service makes a finding of compelling need justifying a priority shift and the finding is approved by the Secretary, the Executive Director of the Planning Agency, the California Natural Resources Secretary, and the Director of the Nevada Department of Conservation, the Priority List shall be revised in accordance with this subsection. (B) Inclusions A finding of compelling need includes— (i) major scientific findings; (ii) results from the threshold evaluation of the Planning Agency; (iii) emerging environmental threats; and (iv) rare opportunities for land acquisition. (d) Funding Of the amount made available under section 17(a), $80,000,000 shall be made available to the Secretary to carry out this section. 9. Aquatic invasive species prevention (a) In general The Director of the United States Fish and Wildlife Service, in coordination with the Planning Agency, the California Department of Fish and Game, and the Nevada Department of Wildlife, shall deploy strategies consistent with the Lake Tahoe Aquatic Invasive Species Management Plan to prevent the introduction of aquatic invasive species into the Lake Tahoe Basin. (b) Criteria The strategies referred to in subsection (a) shall provide that— (1) combined inspection and decontamination stations be established and operated at not less than 2 locations in the Lake Tahoe Basin; and (2) watercraft not be allowed to launch in waters of the Lake Tahoe Basin if the watercraft has not been inspected in accordance with the Lake Tahoe Aquatic Invasive Species Management Plan. (c) Certification The Planning Agency may certify State and local agencies to perform the decontamination activities described in subsection (b)(3) at locations outside the Lake Tahoe Basin if standards at the sites meet or exceed standards for similar sites in the Lake Tahoe Basin established under this section. (d) Applicability The strategies and criteria developed under this section shall apply to all watercraft to be launched on water within the Lake Tahoe Basin. (e) Fees The Director of the United States Fish and Wildlife Service may collect and spend fees for decontamination only at a level sufficient to cover the costs of operation of inspection and decontamination stations under this section. (f) Civil penalties (1) In general Any person that launches, attempts to launch, or facilitates launching of watercraft not in compliance with strategies deployed under this section shall be liable for a civil penalty in an amount not to exceed $1,000 per violation. (2) Other authorities Any penalties assessed under this subsection shall be separate from penalties assessed under any other authority. (g) Limitation The strategies and criteria under subsections (a) and (b), respectively, may be modified if the Secretary of the Interior, in a nondelegable capacity and in consultation with the Planning Agency and State governments, issues a determination that alternative measures will be no less effective at preventing introduction of aquatic invasive species into Lake Tahoe than the strategies and criteria. (h) Supplemental authority The authority under this section is supplemental to all actions taken by non-Federal regulatory authorities. (i) Savings clause Nothing in this title shall be construed as restricting, affecting, or amending any other law or the authority of any department, instrumentality, or agency of the United States, or any State or political subdivision thereof, respecting the control of invasive species. 10. Corps of Engineers; interagency agreements (a) In general The Assistant Secretary may enter into interagency agreements with non-Federal interests in the Lake Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General Investigations funds to provide programmatic technical assistance for the Environmental Improvement Program. (b) Local cooperation agreements (1) In general Before providing technical assistance under this section, the Assistant Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for the technical assistance. (2) Components The agreement entered into under paragraph (1) shall— (A) describe the nature of the technical assistance; (B) describe any legal and institutional structures necessary to ensure the effective long-term viability of the end products by the non-Federal interest; and (C) include cost-sharing provisions in accordance with paragraph (3). (3) Federal share (A) In general The Federal share of project costs under each local cooperation agreement under this subsection shall be 65 percent. (B) Form The Federal share may be in the form of reimbursements of project costs. (C) Credit The non-Federal interest may receive credit toward the non-Federal share for the reasonable costs of related technical activities completed by the non-Federal interest before entering into a local cooperation agreement with the Assistant Secretary under this subsection. 11. Lake Tahoe Basin Science Program The Secretary (acting through the Station Director of the Forest Service, Pacific Southwest Research Station), the Administrator, the Planning Agency, the States of California and Nevada, and the Tahoe Science Consortium, shall develop and implement the Lake Tahoe Basin Science Program that— (1) develops and regularly updates an integrated multiagency programmatic assessment and monitoring plan— (A) to evaluate the effectiveness of the Environmental Improvement Program; (B) to evaluate the status and trends of indicators related to environmental threshold carrying capacities; and (C) to assess the impacts and risks of changing water temperature, precipitation, and invasive species; (2) produces and synthesizes scientific information necessary for— (A) the identification and refinement of environmental indicators for the Lake Tahoe Basin; and (B) the evaluation of standards and benchmarks; (3) conducts applied research, programmatic technical assessments, scientific data management, analysis, and reporting related to key management questions; (4) develops new tools and information to support objective assessments of land use and resource conditions; (5) provides scientific and technical support to the Federal Government and State and local governments in— (A) reducing stormwater runoff, air deposition, and other pollutants that contribute to the loss of lake clarity; and (B) the development and implementation of an integrated stormwater monitoring and assessment program; (6) establishes and maintains independent peer review processes— (A) to evaluate the Environmental Improvement Program; and (B) to assess the technical adequacy and scientific consistency of central environmental documents, such as the 5-year threshold review; and (7) provides scientific and technical support for the development of appropriate management strategies to accommodate changing water temperature and precipitation in the Lake Tahoe Basin. 12. Public outreach and education (a) In general The Secretary, the Administrator, and the Directors will coordinate with the Planning Agency to conduct public education and outreach programs, including encouraging— (1) owners of land and residences in the Lake Tahoe Basin— (A) to implement defensible space; and (B) to conduct best management practices for water quality; and (2) owners of land and residences in the Lake Tahoe Basin and visitors to the Lake Tahoe Basin, to help prevent the introduction and proliferation of invasive species as part of the private share investment in the Environmental Improvement Program. (b) Scientific and technical guidance The Director of the United States Geological Survey shall provide scientific and technical guidance to public outreach and education programs conducted under this section. (c) Required coordination Public outreach and education programs for aquatic invasive species under this section shall— (1) be coordinated with Lake Tahoe Basin tourism and business organizations; and (2) include provisions for the programs to extend outside of the Lake Tahoe Basin. 13. Reporting requirements Not later than February 15 of each year, the Secretary, in cooperation with the Chair, the Administrator, the Directors, the Planning Agency, and the States of California and Nevada, consistent with section 6(d)(6), shall submit to Congress a report that describes— (1) the status of all Federal, State, local, and private projects authorized under this Act, including to the maximum extent practicable, for projects that will receive Federal funds under this Act during the current or subsequent fiscal year— (A) the project scope; (B) the budget for the project; and (C) the justification for the project, consistent with the criteria established in section 8(b)(1); (2) Federal, State, local, and private expenditures in the preceding fiscal year to implement the Environmental Improvement Program and projects otherwise authorized under this Act; (3) accomplishments in the preceding fiscal year in implementing this Act in accordance with the performance measures and other monitoring and assessment activities; and (4) public education and outreach efforts undertaken to implement programs and projects authorized under this Act. 14. Annual budget plan As part of the annual budget of the President, the President shall submit information regarding each Federal agency involved in the Environmental Improvement Program (including the Forest Service, the Environmental Protection Agency, the United States Fish and Wildlife Service), the United States Geological Survey, and the Corps of Engineers), including— (1) an interagency crosscut budget that displays the proposed budget for use by each Federal agency in carrying out restoration activities relating to the Environmental Improvement Program for the following fiscal year; (2) a detailed accounting of all amounts received and obligated by Federal agencies to achieve the goals of the Environmental Improvement Program during the preceding fiscal year; and (3) a description of the Federal role in the Environmental Improvement Program, including the specific role of each agency involved in the restoration of the Lake Tahoe Basin. . 8. Relationship to other laws Section 16 of The Lake Tahoe Restoration Act ( Public Law 106–506 , Director, or Administrator Secretary 9. Authorization of appropriations The Lake Tahoe Restoration Act ( Public Law 106–506 17. Authorization of appropriations (a) Authorization of appropriations There is authorized to be appropriated to carry out this Act $415,000,000 for a period of 10 fiscal years beginning the first fiscal year after the date of enactment of the Lake Tahoe Restoration Act of 2013 (b) Effect on other funds Amounts authorized under this section and any amendments made by this Act— (1) shall be in addition to any other amounts made available to the Secretary, the Administrator, or the Directors for expenditure in the Lake Tahoe Basin; and (2) shall not reduce allocations for other Regions of the Forest Service, Environmental Protection Agency, or the United States Fish and Wildlife Service. (c) Cost-Sharing requirement Except as provided in subsection (d) and section 6(d)(3)(D), the States of California and Nevada shall pay 50 percent of the aggregate costs of restoration activities in the Lake Tahoe Basin funded under section 6. (d) Relocation costs Notwithstanding subsection (c), the Secretary shall provide to local utility districts two-thirds of the costs of relocating facilities in connection with— (1) environmental restoration projects under sections 6 and 8; and (2) erosion control projects under section 2 of Public Law 96–586 (e) Signage To the maximum extent practicable, a project provided assistance under this Act shall include appropriate signage at the project site that— (1) provides information to the public on— (A) the amount of Federal funds being provided to the project; and (B) this Act; and (2) displays the visual identity mark of the Environmental Improvement Program. . 10. Administration of acquired land (a) In general Section 3(b) of Public Law 96–586 Santini-Burton Act (1) by striking (b) Lands (b) Administration of acquired land (1) In general Land ; and (2) by adding at the end the following: (2) Conveyance (A) In general If the State of California (acting through the California Tahoe Conservancy and the California Department of Parks and Recreation) offers to donate to the United States acceptable title to the non-Federal land described in subparagraph (B)(i), the Secretary— (i) may accept the offer; and (ii) not later than 180 days after the date on which the Secretary receives acceptable title to the non-Federal land described in subparagraph (B)(i), convey to the State of California, subject to valid existing rights and for no consideration, all right, title, and interest of the United States in and to the Federal land that is acceptable to the State of California. (B) Description of land (i) Non-federal land The non-Federal land referred to in subparagraph (A) includes— (I) the approximately 1,981 acres of land administered by the Conservancy and identified on the Maps as Conservancy to the United States Forest Service (II) the approximately 187 acres of land administered by California State Parks and identified on the Maps as State Parks to the U.S. Forest Service (ii) Federal land The Federal land referred to in subparagraph (A) includes the approximately 1,995 acres of Forest Service land identified on the Maps as U.S. Forest Service to Conservancy and State Parks (C) Conditions Any land conveyed under this paragraph shall— (i) be for the purpose of consolidating Federal and State ownerships and improving management efficiencies; (ii) not result in any significant changes in the uses of the land; and (iii) be subject to the condition that the applicable deed include such terms, restrictions, covenants, conditions, and reservations as the Secretary determines necessary to— (I) ensure compliance with this Act; and (II) ensure that the development rights associated with the conveyed parcels shall not be recognized or available for transfer under section 90.2 of the Code of Ordinances for the Tahoe Regional Planning Agency. . June 5, 2014 Reported without amendment

Lake Tahoe Restoration Act of 2013

Railroad Safety and Positive Train Control Extension Act - Revises the railroad safety risk reduction program. Extends from December 31, 2015, to December 31, 2020, the deadline for submission to the Secretary of Transportation (DOT) by each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation of a plan for implementing a positive train control (PTC) system on certain of its tracks. Authorizes the Secretary to extend the implementation deadline, upon application, in one-year increments, if specified circumstances exist. Directs the Secretary to revise federal regulations requiring a Class II or III railroad (including a tourist or excursion railroad) to equip its locomotives with an onboard PTC system to operate in PTC territory. Extends for five years the time for such railroad to meet the deadline for equipping its locomotives with a PTC system.

114 S650 IS: Railroad Safety and Positive Train Control Extension Act U.S. Senate 2015-03-04 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. 650 IN THE SENATE OF THE UNITED STATES March 4, 2015 Mr. Blunt Mrs. McCaskill Mr. Thune Mr. Nelson Committee on Commerce, Science, and Transportation A BILL To extend the positive train control system implementation deadline, and for other purposes. 1. Short title This Act may be cited as the Railroad Safety and Positive Train Control Extension Act 2. Implementation deadline (a) Technology implementation plan Section 20156(e)(4) of title 49, United States Code, is amended to read as follows: (4) Positive train control (A) In general Except as required by section 20157 (relating to the requirements for implementation of positive train control systems), the Secretary shall ensure that each railroad carrier's technology implementation plan required under paragraph (1) that includes a schedule for implementation of a positive train control system complies with that schedule. (B) Rule of construction Nothing in this section shall be construed as requiring the installation of positive train control on railroad tracks if— (i) positive train control is not required on those tracks under section 20157; and (ii) the railroad does not choose to implement positive train control as a technology on those tracks under this section. . (b) Extension of deadline Section 20157 of title 49, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each Each (B) by striking by December 31, 2015 by December 31, 2020 (2) in subsection (a)(1)(B), by striking transported transported on or after December 31, 2015 3. Authority of Secretary of Transportation to extend implementation deadline (a) In general Section 20157 of title 49, United States Code, as amended by section 2(b) of this Act, is further amended— (1) in subsection (a)(1), by striking Each Class I Except as provided under subsection (i), each Class I (2) by redesignating subsection (i) as subsection (j); and (3) by inserting before subsection (j), as redesignated, the following: (i) Implementation extensions (1) In general The Secretary may extend in 1-year increments, upon application, the deadline for implementing a positive train control system under subsection (a)(1) for an applicant, if the Secretary determines that— (A) full implementation will likely be infeasible due to circumstances beyond the control of the applicant, including funding availability, spectrum acquisition, resource and technology availability, software development and testing, availability of alternate risk reduction strategies, and interoperability standards; (B) the applicant has demonstrated good faith in its positive train control system implementation; (C) the applicant has presented a revised plan for implementing a positive train control system indicating how the applicant will fully implement a positive train control system as soon as feasible, but not later than December 31, 2022; and (D) the extension will not extend later than December 31, 2022. (2) Considerations In making a determination under paragraph (1), the Secretary shall consider— (A) whether the affected areas of track have been identified as areas of greater risk to the public and railroad employees in the applicant’s positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations (relating to PTC Implementation Plan content requirements); and (B) the risk of operational failure to the affected service areas and the applicant. (3) Review Not later than 10 days after the Secretary receives an application under paragraph (1), the Secretary shall review and approve or disapprove the application. . (b) Conforming amendment Section 20156(e)(2) of title 49, United States Code, is amended by striking as defined in section 20157(i) as defined in section 20157(j) 4. Equipping locomotives operating in positive train control territory Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations (relating to equipping locomotives operating in PTC territory) to extend each deadline 5 years.

Railroad Safety and Positive Train Control Extension Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Captive Primate Safety Act - (Sec. 2) Amends the Lacey Act Amendments of 1981 to: (1) make nonhuman primates a prohibited wildlife species; and (2) make it unlawful to import, export, transport, sell, receive, acquire, or purchase them in interstate or foreign commerce. (Sec. 3) Modifies exceptions to restrictions on such transactions in prohibited wildlife species, making them inapplicable to a person who: (1) is a licensed and inspected person only if the person does not allow direct contact between the public and prohibited wildlife species, or (2) is transporting under certain conditions a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Removes state-licensed wildlife rehabilitators from the list of entities exempted from the restrictions. Sets forth civil and criminal penalties for violations of the requirements of this Act.

113 S1463 RS: Captive Primate Safety Act U.S. Senate 2013-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 650 113th CONGRESS 2d Session S. 1463 [Report No. 113–308] IN THE SENATE OF THE UNITED STATES August 1, 2013 Mrs. Boxer Mr. Vitter Mr. Sanders Mr. Blumenthal Mr. Murphy Mr. Menendez Mr. Markey Ms. Landrieu Ms. Mikulski Mrs. Feinstein Mr. Whitehouse Mr. Reed Ms. Collins Mrs. Gillibrand Mr. Merkley Mr. Wyden Mr. Leahy Mr. Kirk Mrs. Shaheen Ms. Warren Ms. Cantwell Mr. Booker Mr. Bennet Mrs. McCaskill Mr. Cardin Committee on Environment and Public Works December 11, 2014 Reported by Mrs. Boxer A BILL To amend the Lacey Act Amendments of 1981 to prohibit importation, exportation, transportation, sale, receipt, acquisition, and purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, of any live animal of any prohibited wildlife species. 1. Short title This Act may be cited as the Captive Primate Safety Act 2. Addition of nonhuman primates to definition of prohibited wildlife species Section 2(g) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371(g) or any nonhuman primate 3. Captive wildlife amendments (a) Prohibited acts Section 3 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372 (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting or (ii) in subparagraph (B)(iii), by striking ; or (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting or subsection (e) (2) in subsection (e)— (A) by striking (e) (e) Captive Wildlife Offense (1) In general It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species. ; and (B) in paragraph (2)— (i) by striking so much as precedes subparagraph (A) and inserting the following: (2) Limitation on application Paragraph (1) does not apply to any person who— . (ii) in subparagraph (A), by inserting before the semicolon at the end and does not allow direct contact between the public and prohibited wildlife species (iii) in subparagraph (B), by striking State-licensed wildlife rehabilitator, (iv) in subparagraph (C)— (I) in clauses (ii) and (iii), by striking animals listed in section 2(g) prohibited wildlife species (II) in clause (iv), by striking animals prohibited wildlife species (III) by striking or (v) in subparagraph (D)— (I) by striking animal prohibited wildlife species (II) by striking the period at the end and inserting ; or (vi) by adding at the end the following: (E) is transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if— (i) the nonhuman primate is a single animal of the genus Cebus; (ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization that before July 18, 2008 was exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals; (iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment; (iv) the person transporting the nonhuman primate carries documentation from the applicable nonprofit organization that includes the name of the designated individual referred to in clause (iii); (v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species; (vi) the nonhuman primate has no contact with any animal or member of the public, other than the designated individual referred to in clause (iii); and (vii) the transportation of the nonhuman primate is in compliance with— (I) all applicable State and local restrictions regarding the transport; and (II) all applicable State and local requirements regarding permits or health certificates. . (b) Civil Penalties Section 4(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(a) (1) in paragraph (1), by inserting (e), subsections (b), (d), (2) in paragraph (1), by inserting , (e), subsection (d) (c) Criminal Penalties Section 4(d) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(d) (1) in subparagraphs (A) and (B) of paragraph (1) and in the first sentence of paragraph (2), by inserting (e), subsections (b), (d), (2) in paragraph (3), by inserting , (e), subsection (d) (d) Effective date; regulations (1) Effective date Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of— (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. 4. Applicability provision amendment Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108–191 (1) in subsection (a), by striking (a) In general.— Section 3 (2) by striking subsection (b). 5. Regulations Section 7(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3376(a) (3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e). . December 11, 2014 Reported without amendment

Captive Primate Safety Act

Preserving American Access to Information Act - Directs federal agency heads with authority to classify information to: (1) specify the types of information with short-lived sensitivity that could be automatically declassified without further review, and (2) consult with the Information Security Oversight Office of the National Archives and Records Administration (NARA) in the declassification process. Exempts from such automatic declassification: (1) information on sources, methods, tactics, tradecraft, and procedures of members of the Armed Forces, the intelligence community, and other personnel performing similar security functions; and (2) any other information that could endanger military, intelligence, diplomatic, or law enforcement personnel, operations, or capabilities. Directs the President to take appropriate actions to enhance the authority and capacity of the National Declassification Center under Executive Order 13526 to promote a government-wide strategy for the declassification of information. Requires the Director of the National Declassification Center to provide for consultation between the Center's Advisory panel and the public on a regular basis. Extends authority for the Public Interest Declassification Board until December 31, 2018. Requires federal agencies to identify and designate historically valuable records as soon as possible after their creation to ensure the preservation and future accessibility of such records. Requires federal agency heads that classify information to report to Congress on: (1) options for pilot programs to assess the feasibility and advisability of mechanisms to improve the current declassification capabilities of federal agencies; and (2) the feasibility and advisability of replacing the current agency classification systems and of declassifying records with Formerly Restricted Date (FRD) that have no national security value.

114 S2121 IS: Preserving American Access to Information Act U.S. Senate 2015-10-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 2121 IN THE SENATE OF THE UNITED STATES October 1, 2015 Mrs. Shaheen Committee on Homeland Security and Governmental Affairs A BILL To facilitate and enhance the declassification of information, including in the Legislative Branch, and for other purposes. 1. Short title This Act may be cited as the Preserving American Access to Information Act 2. Findings Congress makes the following findings: (1) The 1994 Joint Security Commission, convened at the request of the Secretary of Defense and the Director of the Central Intelligence Agency stated that [t]he classification system, largely unchanged since the Eisenhower administration has grown out of control. More information is being classified and for extended periods of time. Security rules proliferate, becoming more complex yet remaining unrelated to the threat. . . . Indeed, the classification system is not trusted on the inside any more than it is on the outside. Insiders do not trust it to protect information that needs protection. Outsiders do not trust it to release information that does not need protection (2) The Public Interest Declassification Board, notes in its 2012 report that [a]gencies are currently creating petabytes of classified information annually, which quickly outpaces the amount of information the Government has declassified in total in the previous seventeen years since Executive Order 12958 established the policy of automatic declassification for 25 year old records. Without dramatic improvement in the declassification process, the rate at which classified records are being created will drive an exponential growth in the archival backlog of classified records awaiting declassification, and public access to the nation's history will deteriorate further 3. Enhancement of the National Declassification Center (a) In general The President shall take appropriate actions to enhance the authority and capacity of the National Declassification Center under Executive Order No. 13526, or any successor Executive order, in order to facilitate, enhance, and advance a government-wide strategy for the declassification of information. (b) Required actions The actions taken under subsection (a) shall include the following: (1) A requirement that Federal agencies complete the review of Presidential and Federal records proposed for declassification, in accordance with priorities established by the National Declassification Center, within eighteen months of the start of the declassification process, except that agencies may complete such review within two years of the start of the declassification process upon the written approval of the Director of the National Declassification Center. (2) A requirement that Federal agencies with authority to classify information share their declassification guidance with other such Federal agencies and with the National Declassification Center. 4. Public consultation with advisory panel to the National Declassification Center (a) In general The Director of the National Declassification Center shall provide for consultation between the advisory panel to the National Declassification Center and the public. (b) Frequency Consultations under subsection (a) shall occur not less frequently than the frequency of the regular meetings of the advisory panel to the National Declassification Center and, to the extent practicable, shall occur concurrently with the meetings of the advisory panel. 5. Preservation and access to historically valuable records Federal agencies shall make every effort to identify and designate historically valuable records during the initial classification process in order to ensure preservation and timely access to such documents and records following eventual declassification. 6. Reports on pilot programs on improvements to the declassification processes (a) Reports The Public Interest Declassification Board shall, in consultation with the heads of Federal agencies that classify and review classified information as well as the Director of the National Declassification Center, submit to Congress reports setting forth options for various pilot programs to assess the feasibility and advisability of mechanisms to improve the current declassification capabilities of such agencies, including updates of software and procedures relating to declassification of information. (b) Mechanisms In selecting mechanisms to be assessed pursuant to the pilot programs for purposes of subsection (a), an emphasis shall be afforded to the selection of current technologies and practices that could improve current declassification capabilities, including commercial, off the shelf-technologies and current best practices of Federal agencies and the private sector. 7. Review of declassification procedures regarding information controlled by Congress The Public Interest Declassification Board shall review the rules of the Senate and of the House of Representative regarding the declassification of classified Committee records, including hearings, meetings, and reports, and make recommendations to improve the consistency and timeliness of declassification efforts. 8. Reports Not later than 1 year after the date of the enactment of this Act, the head of each Federal agency that classifies information shall submit to Congress a report that sets forth the following: (1) An assessment of feasibility and advisability of replacing the current classification system of such agency with a two-tiered system, including an analysis and assessment of restructuring necessary to align the level of protection with the level of harm anticipated in the event of unauthorized release of sensitive information. (2) If such agency possesses records with classified Formerly Restricted Data (FRD), an assessment of the feasibility and advisability of declassifying such records.

Preserving American Access to Information Act

Incorporation Transparency and Law Enforcement Assistance Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968, in order to protect the United States from misuse affecting interstate or foreign commerce of corporations and limited liability companies with hidden owners, to require states receiving funding under the Edward Byrne Memorial Justice Assistance Grant Program to: (1) use an incorporation system that requires applicants for forming corporations or limited liability companies (corporations), and corporations that have formed, to provide and update lists of their beneficial owners; (2) maintain beneficial ownership information for five years after the corporation terminates; and (3) provide such information pursuant to certain criminal, civil, or administrative requests. Authorizes such a state that maintains a formal licensing system for formation agents to permit such applicants or corporations to provide such information to such an agent residing in that state instead of to that state directly. Requires such an agent to certify verification of specified identifying information for applicants or corporation owners or officers who do not have a non-expired United States-issued passport, drivers license, or identification card. Specifies exempt entities. Prescribes penalties for providing false or fraudulent beneficial ownership information or for willfully failing to provide complete or updated information. Requires the Administrator for Federal Procurement Policy to revise the Federal Acquisition Regulation to require any contractor subject to the requirement to disclose beneficial ownership information under this Act to provide the information to the federal government as part of any bid for a contract with a value exceeding the simplified acquisition threshold. Directs the Secretary of the Treasury to promulgate a rule requiring persons engaged in the business of forming corporations to establish anti-money laundering programs. Requires the Comptroller General to report on: (1) the extent to which states enable persons to form partnerships, trusts, charitable organizations, or other legal entities under state law and require such persons to provide beneficial owner information; and (2) the effectiveness of incorporation practices implemented under this Act in aiding law enforcement.

114 S2489 IS: Incorporation Transparency and Law Enforcement Assistance Act U.S. Senate 2016-02-03 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 114th CONGRESS 2d Session S. 2489 IN THE SENATE OF THE UNITED STATES February 3, 2016 Mr. Whitehouse Mrs. Feinstein Committee on the Judiciary A BILL To ensure that persons who form corporations in the United States disclose the beneficial owners of those corporations, in order to prevent the formation of corporations with hidden owners, stop the misuse of United States corporations by wrongdoers, and assist law enforcement in detecting, preventing, and punishing terrorism, money laundering, tax evasion, and other criminal and civil misconduct involving United States corporations, and for other purposes. 1. Short title This Act may be cited as the Incorporation Transparency and Law Enforcement Assistance Act 2. Findings Congress finds the following: (1) Nearly 2,000,000 corporations and limited liability companies are being formed under the laws of the States each year. (2) Very few States obtain meaningful information about the beneficial owners of the corporations and limited liability companies formed under their laws. (3) A person forming a corporation or limited liability company within the United States typically provides less information to the State of incorporation than is needed to obtain a bank account or driver's license and typically does not name a single beneficial owner. (4) Terrorists and other criminals have exploited the weaknesses in State formation procedures to conceal their identities when forming corporations or limited liability companies in the United States, and have then used the newly created entities to support terrorist organizations, drug trafficking organizations, and international organized crime groups, as well as commit misconduct affecting interstate and international commerce such as trafficking in illicit drugs, illegal arms trafficking, money laundering, tax evasion, health care fraud, Internet-based fraud, securities fraud, financial fraud, intellectual property crimes, and acts of corruption. (5) Among those who have abused State incorporation procedures is Victor Bout, a Russian arms dealer who used at least 12 companies incorporated in Texas, Florida, and Delaware to carry out his activities, and has been convicted, in part, for conspiring to sell weapons to a terrorist organization trying to kill citizens of the United States and Federal officers and employees. In addition, Iranian interests used a shell company formed in New York to purchase a 36-story building on Fifth Avenue in Manhattan and forwarded millions of dollars in rent each year to Iran until authorities in the United States learned of the transfers and seized the building. (6) Law enforcement efforts to investigate corporations and limited liability companies suspected of wrongdoing have been impeded by the lack of available beneficial ownership information, as documented in reports and testimony by officials from the Department of Justice, the Department of Homeland Security, the Financial Crimes Enforcement Network of the Department of the Treasury, the Internal Revenue Service, the Government Accountability Office, and others. (7) In July 2006, a leading international anti-money laundering and anti-terrorist financing organization, the Financial Action Task Force on Money Laundering (in this section referred to as FATF (8) In response to the FATF report and to strengthen measures to protect homeland security, Federal officials have repeatedly urged the States to improve their formation practices by obtaining beneficial ownership information for the corporations and limited liability companies formed under the laws of such States. But the States continue to form millions of corporations with hidden owners. (9) Many States have established automated procedures that allow a person to form a new corporation or limited liability company within the State within 24 hours of filing an online application, without any prior review of the application by a State official. (10) Dozens of Internet websites highlight the anonymity of beneficial owners allowed under the formation practices of some States, point to those practices as a reason to incorporate in those States, and list those States together with offshore jurisdictions as preferred locations for the formation of new corporations, essentially inviting terrorists and other wrongdoers to form entities within the United States. (11) In contrast to practices in the United States, all 28 countries in the European Union are already required to have formation agents identify the beneficial owners of the corporations formed by those agents under the laws of those countries. (12) To reduce the vulnerability of the United States to wrongdoing by United States corporations and limited liability companies with hidden owners, protect interstate and international commerce from terrorists and other criminals misusing United States corporations and limited liability companies, strengthen law enforcement investigations of suspect corporations and limited liability companies, set minimum standards for and level the playing field among State formation practices, and bring the United States into compliance with international anti-money laundering and anti-terrorist financing standards, Federal legislation is needed to require the States to obtain beneficial ownership information for the corporations and limited liability companies formed under the laws of such States. 3. Transparent incorporation practices (a) Transparent incorporation practices Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. 4 Transparent incorporation practices 531. Transparent incorporation practices (a) Incorporation systems (1) In general To protect the United States from the misuse affecting interstate or foreign commerce of corporations and limited liability companies with hidden owners, each State that receives funding under subpart 1 shall, not later than 3 years after the date of enactment of this subpart, use an incorporation system that meets the following requirements: (A) Identification of beneficial owners Except as provided in paragraphs (2) and (4), each applicant to form a corporation or limited liability company under the laws of the State is required to provide to the State during the formation process a list of the beneficial owners of the corporation or limited liability company that— (i) identifies each beneficial owner by name, current residential or business street address, and a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license or identification card issued by a State; (ii) if any beneficial owner exercises control over the corporation or limited liability company through another legal entity, such as a corporation, partnership, or trust, identifies each such legal entity and each such beneficial owner who will use that entity to exercise control over the corporation or limited liability company; and (iii) if the applicant is not a beneficial owner, provides the identification information described in clause (i) relating to the applicant. (B) Updated information For each corporation or limited liability company formed under the laws of the State— (i) the corporation or limited liability company is required by the State to submit to the State an updated list of the beneficial owners of the corporation or limited liability company and the information described in subparagraph (A) for each such beneficial owner not later than 60 days after the date of any change in the beneficial owners of the corporation or limited liability company; (ii) in the case of a corporation or limited liability company formed or acquired by a formation agent and retained by the formation agent as a beneficial owner for transfer to another person, the formation agent is required by the State to submit to the State an updated list of the beneficial owners and the information described in subparagraph (A) for each such beneficial owner not later than 10 days after the date on which the formation agent transfers the corporation or limited liability company to another person; and (iii) the corporation or limited liability company is required by the State to submit to the State an annual filing containing the list of the beneficial owners of the corporation or limited liability company and the information described in subparagraph (A) for each such beneficial owner. (C) Retention of information Beneficial ownership information relating to each corporation or limited liability company formed under the laws of the State is required to be maintained by the State until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State. (D) Information requests Beneficial ownership information relating to each corporation or limited liability company formed under the laws of the State shall be provided by the State upon receipt of— (i) a civil, criminal, or administrative subpoena or summons from a State agency, Federal agency, or congressional committee or subcommittee requesting such information; (ii) a written request made by a Federal agency on behalf of another country under an international treaty, agreement, or convention, or an order under section 3512 of title 18, United States Code, or section 1782 of title 28, United States Code, issued in response to a request for assistance from a foreign country; or (iii) a written request made by the Financial Crimes Enforcement Network of the Department of the Treasury. (E) No bearer share corporations A corporation or limited liability company formed under the laws of the State may not issue a certificate in bearer form evidencing either a whole or fractional interest in the corporation or limited liability company. (2) States that license formation agents (A) In general To meet the requirements under this section, a State described in subparagraph (B) may permit an applicant to form a corporation or limited liability company under the laws of the State, or a corporation or limited liability company formed under the laws of the State, to provide the required information to a licensed formation agent residing in the State, instead of to the State directly, if the application under paragraph (1)(A) or the update under paragraph (1)(B) contains— (i) the name, current business address, contact information, and licensing number of the licensed formation agent that has agreed to maintain the information required under this section; and (ii) a certification by the licensed formation agent that the licensed formation agent has possession of the information required under this section and will maintain the information in the State licensing the licensed formation agent in accordance with this section. (B) States described A State described in this subparagraph is a State that— (i) receives funding under subpart 1; and (ii) maintains a formal licensing system for formation agents that requires a formation agent to register with the State, meet standards for fitness and honesty, maintain a physical office and records within the State, undergo regular monitoring, and be subject to sanctions for noncompliance with State requirements. (C) Licensed formation agent duties A licensed formation agent that receives beneficial ownership information in accordance with this section shall— (i) maintain the information in the State in which the corporation or limited liability company is being or has been formed in the same manner as required for States under paragraph (1)(C); (ii) provide the information under the same circumstances as required for States under paragraph (1)(D); and (iii) perform the duties of a formation agent under paragraph (3). (D) Termination of relationship (i) In general Except as provided in clause (ii), a licensed formation agent that receives beneficial ownership information relating to a corporation or limited liability company under State law in accordance with this paragraph and that resigns, dissolves, or otherwise ends a relationship with the corporation or limited liability company shall within 60 days— (I) notify the State in writing that the licensed formation agent has resigned or ended the relationship; and (II) transmit all beneficial ownership information relating to the corporation or limited liability company in the possession of the licensed formation agent to the licensing State. (ii) Exception If a licensed formation agent receives written instructions from a corporation or limited liability company, the licensed formation agent may transmit the beneficial ownership information relating to the corporation or limited liability company to another licensed formation agent that is within the same State and has agreed to maintain the information in accordance with this section. (iii) Notice to State If a licensed formation agent provides beneficial ownership information to another licensed formation agent under clause (ii), the licensed formation agent providing the information shall, within the 60-day period specified under clause (i), notify in writing the State under the laws of which the corporation or limited liability company is formed of the identity of the licensed formation agent receiving the information. (3) Certain beneficial owners If an applicant to form a corporation or limited liability company or a beneficial owner, officer, director, or similar agent of a corporation or limited liability company who is required to provide identification information under this section does not have a nonexpired passport issued by the United States or a nonexpired drivers license or identification card issued by a State, each application described in paragraph (1)(A) and each update described in paragraph (1)(B) shall include a certification by a formation agent residing in the State that the formation agent— (A) has obtained for each such person a current residential or business street address and a legible and credible copy of the pages of a nonexpired passport issued by the government of a foreign country bearing a photograph, date of birth, and unique identifying information for the person; (B) has verified the name, address, and identity of each such person; (C) will provide the information described in subparagraph (A) and the proof of verification described in subparagraph (B) upon request under the same circumstances as required for States under paragraph (1)(D); and (D) will retain the information and proof of verification under this paragraph in the State in which the corporation or limited liability company is being or has been formed until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State. (4) Exempt entities (A) In general An incorporation system described in paragraph (1) shall require that an application for an entity described in clause (i) or (ii) of subsection (d)(2)(B) that is proposed to be formed under the laws of a State and that will be exempt from the beneficial ownership disclosure requirements under this section shall include in the application a certification by the applicant, or a prospective officer, director, or similar agent of the entity— (i) identifying the specific provision of subsection (d)(2)(B) under which the entity proposed to be formed would be exempt from the beneficial ownership disclosure requirements under paragraphs (1), (2), and (3); (ii) stating that the entity proposed to be formed meets the requirements for an entity described under such provision of subsection (d)(2)(B); and (iii) providing identification information for the applicant or prospective officer, director, or similar agent making the certification in the same manner as provided under paragraph (1) or (3). (B) Existing entities On and after the date that is 2 years after the date on which a State begins requiring beneficial ownership information in compliance with this section, an entity formed under the laws of the State before such effective date shall be considered to be a corporation or limited liability company for purposes of this subsection unless an officer, director, or similar agent of the entity submits to the State a certification— (i) identifying the specific provision of subsection (d)(2)(B) under which the entity is exempt from the requirements under paragraphs (1), (2), and (3); (ii) stating that the entity meets the requirements for an entity described under such provision of subsection (d)(2)(B); and (iii) providing identification information for the officer, director, or similar agent making the certification in the same manner as provided under paragraph (1) or (3). (C) Exempt entities with an ownership interest As part of the beneficial ownership information required under subsection (a)(1), neither an applicant seeking to form a corporation or limited liability company nor a corporation or limited liability company providing updated information is required to identify the beneficial owners of any entity that qualifies as an exempt entity under subsection (d)(2)(B). (b) Penalties (1) In general It shall be unlawful for any person to affect interstate or foreign commerce by failing to comply with this subpart by— (A) knowingly providing, or attempting to provide, false or fraudulent beneficial ownership information, including a false or fraudulent identifying photograph, to a State or formation agent; (B) willfully failing to provide complete or updated beneficial ownership information to a State or formation agent; (C) knowingly disclosing the existence of a subpoena, summons, or other request for beneficial ownership information, except— (i) to the extent necessary to fulfill the authorized request; or (ii) as authorized by the entity that issued the subpoena, summons, or other request; or (D) in the case of a formation agent, knowingly failing to obtain or maintain credible, legible, and updated beneficial ownership information, including any required identifying photograph. (2) Civil and criminal penalties In addition to any civil or criminal penalty that may be imposed by a State, any person who violates paragraph (1)— (A) shall be liable to the United States for a civil penalty of not more than $1,000,000; and (B) may be fined under title 18, United States Code, imprisoned for not more than 3 years, or both. (c) Rules To carry out this subpart, the Attorney General of the United States, the Secretary of Homeland Security, and the Secretary of the Treasury may issue joint guidance or a joint rule to clarify application of the definitions under subsection (d) or to specify how to verify beneficial ownership or other identification information provided under this section, including under subsection (a)(3). Failure to issue any such guidance or rule shall not delay the effective date of the requirements under this subpart. (d) Definitions For the purposes of this section: (1) Beneficial owner (A) In general Except as provided in subparagraph (B), the term beneficial owner (i) exercises substantial control over a corporation or limited liability company; or (ii) has a substantial interest in or receives substantial economic benefits from the assets of a corporation or limited liability company. (B) Exceptions The term beneficial owner (i) a minor child; (ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (iii) a person acting solely as an employee of a corporation or limited liability company and whose control over or economic benefits from the corporation or limited liability company derives solely from the employment status of the person; (iv) a person whose only interest in a corporation or limited liability company is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or (v) a creditor of a corporation or limited liability company, unless the creditor also meets the requirements of subparagraph (A). (C) Anti-abuse rule The exceptions under subparagraph (B) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of subparagraph (A) or subsection (a). (2) Corporation; limited liability company (A) In general Subject to subparagraph (B), the terms corporation limited liability company (i) have the meanings given such terms under the laws of the applicable State; and (ii) include any non-United States entity eligible for registration or registered to do business as a corporation or limited liability company under the laws of the applicable State. (B) Exempt entities Subject to subsection (a)(4), the terms corporation limited liability company (i) is— (I) a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 781 15 U.S.C. 78o(d) (II) a business concern constituted or sponsored by a State, a political subdivision of a State, under an interstate compact between 2 or more States, by a department or agency of the United States, under the laws of the United States, or by an international organization of which the United States is a member; (III) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (IV) a credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (V) a bank holding company (as defined in section 2 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 (VI) a broker or dealer (as defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c 15 U.S.C. 78o (VII) an exchange or clearing agency (as defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c (VIII) an investment company (as defined in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 15 U.S.C. 80b–2(11) 15 U.S.C. 80a–1 et seq. 15 U.S.C. 80b–1 et seq. (IX) an insurance company (as defined in section 2 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2 (X) a registered entity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a 7 U.S.C. 1a (XI) a public accounting firm registered in accordance with section 102 of the Sarbanes-Oxley Act ( 15 U.S.C. 7212 (XII) a public utility that provides telecommunications service, electrical power, natural gas, or water and sewer services within the United States; (XIII) a church or nonprofit entity that is described in section 501(c)(3) or 527 of the Internal Revenue Code of 1986; (XIV) any business concern that— (aa) employs more than 20 employees on a full-time basis in the United States; (bb) files income tax returns in the United States demonstrating more than $5,000,000 in gross receipts or sales; (cc) has an operating presence at a physical location within the United States; and (dd) has more than 100 shareholders; or (XV) any corporation or limited liability company which is owned, in whole or in substantial part, by an entity described in subclause (I), (II), (III), (IV), (V), (VI), (VII), (VIII), (IX), (X), (XI), (XII), (XIII), or (XIV); or (ii) is within any class of business concerns which the Attorney General of the United States, the Secretary of Homeland Security, and the Secretary of the Treasury jointly determine in writing, upon the request of a State, and through an order, guidance, or rule should be exempt from the requirements of subsection (a), because requiring beneficial ownership information from the business concern would not serve the public interest and would not assist law enforcement efforts to detect, prevent, or punish criminal or civil misconduct. (3) Formation agent The term formation agent . (b) Funding authorization (1) In general To carry out section 531 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act, and to protect the United States against the misuse affecting interstate or foreign commerce of corporations or limited liability companies with hidden owners, during the 3-year period beginning on the date of enactment of this Act, funds shall be made available to each State (as that term is defined under section 901(a)(2) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791(a)(2) (A) Upon written request by a State, and without further appropriation, the Attorney General of the United States shall make available or transfer to the State funds from excess unobligated balances (as defined in section 524(c)(8)(D) of title 28, United States Code) in the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. (B) Upon written request by a State, after consultation with the Attorney General of the United States, and without further appropriation, the Secretary of the Treasury shall make available or transfer to the State funds from unobligated balances described in section 9703(g)(4)(B) of title 31, United States Code, in the Department of the Treasury Forfeiture Fund. (2) Eligible costs The Attorney General and Secretary of the Treasury, in their sole discretion, shall determine what costs are reasonable for purposes of paragraph (1), taking into account the maximum amount of funds available for distribution to States under paragraph (3). (3) Maximum amounts (A) Department of Justice The Attorney General of the United States may not make available to States a total of more than $10,000,000 under paragraph (1)(A). (B) Department of the Treasury The Secretary of the Treasury may not make available to States a total of more than $30,000,000 under paragraph (1)(B). (4) Funding availability The amounts available to be provided to, and any amounts provided to, a State under paragraph (1) shall be exempt from, and shall not be reduced under, any order under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a (c) State compliance report Nothing in this Act or an amendment made by this Act authorizes the Attorney General of the United States to withhold from a State any funding otherwise available to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. (d) Effect on State law (1) In general This Act and the amendments made by this Act do not supersede, alter, or affect any statute, regulation, order, or interpretation in effect in any State, except where a State has elected to receive funding from the Department of Justice under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. (2) Not inconsistent A State statute, regulation, order, or interpretation is not inconsistent with this Act or an amendment made by this Act if such statute, regulation, order, or interpretation— (A) requires additional information, more frequently updated information, or additional measures to verify information related to a corporation, limited liability company, or beneficial owner, than is specified under this Act or an amendment made by this Act; or (B) imposes additional limits on public access to the beneficial ownership information obtained by the State than is specified under this Act or an amendment made by this Act. (3) State records Nothing in this Act or the amendments made by this Act limits the authority of a State, by statute or otherwise, to disclose or to not disclose to the public all or any portion of the beneficial ownership information provided to the State under subpart 4 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act. (4) No duty of verification This Act and the amendments made by this Act do not impose any obligation on a State to verify the name, address, or identity of a beneficial owner whose information is submitted to such State under subpart 4 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act. (e) Federal contractors Not later than the first day of the first full fiscal year beginning at least 1 year after the date of enactment of this Act, the Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code, to require any contractor who is subject to the requirement to disclose beneficial ownership information under subpart 4 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act, to provide the information required to be disclosed under such subpart 4 to the Federal Government as part of any bid or proposal for a contract with a value threshold in excess of the simplified acquisition threshold under section 134 of title 41, United States Code. 4. Anti-money laundering and anti-terrorist financing obligations of formation agents (a) Anti-Money laundering and Anti-Terrorist financing obligations of formation agents Section 5312(a)(2) of title 31, United States Code, is amended— (1) in subparagraph (Y), by striking or (2) by redesignating subparagraph (Z) as subparagraph (AA); and (3) by inserting after subparagraph (Y) the following: (Z) any person engaged in the business of forming corporations or limited liability companies; or . (b) Deadline for implementing rule for formation agents (1) Proposed rule Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, shall publish a proposed rule in the Federal Register requiring persons described in section 5312(a)(2)(Z) of title 31, United States Code, as amended by this section, to establish anti-money laundering programs under subsection (h) of section 5318 of that title. (2) Final rule Not later than 270 days after the date of enactment of this Act, the Secretary of the Treasury shall publish the rule described in this subsection in final form in the Federal Register. (3) Exclusions Any rule promulgated under this subsection shall exclude from the category of persons engaged in the business of forming a corporation or limited liability company— (A) any government agency; and (B) any attorney or law firm that uses a paid formation agent operating within the United States to form the corporation or limited liability company. 5. Studies and reports (a) Other legal entities Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report— (1) identifying each State that has procedures that enable persons to form or register under the laws of the State partnerships, trusts, charitable organizations, or other legal entities, and the nature of those procedures; (2) identifying each State that requires persons seeking to form or register partnerships, trusts, charitable organizations, or other legal entities under the laws of the State to provide information about the beneficial owners (as that term is defined in section 531 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act) or beneficiaries of such entities, and the nature of the required information; (3) evaluating whether the lack of available beneficial ownership information for partnerships, trusts, charitable organizations, or other legal entities— (A) raises concerns about the involvement of such entities in terrorism, money laundering, tax evasion, securities fraud, trafficking in illicit drugs, or other criminal or civil misconduct; and (B) has impeded investigations into entities suspected of such misconduct; and (4) evaluating whether the failure of the United States to require beneficial ownership information for partnerships, trusts, charitable organizations, or other legal entities formed or registered in the United States has elicited international criticism and what steps, if any, the United States has taken or is planning to take in response. (b) Effectiveness of incorporation practices Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report assessing the effectiveness of incorporation practices implemented under this Act and the amendments made by this Act in— (1) providing law enforcement agencies with prompt access to reliable, useful, and complete beneficial ownership information; and (2) strengthening the capability of law enforcement agencies to combat incorporation abuses and other civil and criminal misconduct.

Incorporation Transparency and Law Enforcement Assistance Act

Stop Subsidizing Multimillion Dollar Corporate Bonuses Act - Amends the Internal Revenue Code, with respect to the $1 million limitation on the deductibility of employee compensation, to: (1) extend such limitation to any individual who is a current or former officer, director, or employee of a publicly-held corporation; (2) eliminate the exemption from such limitation for compensation payable on a commission basis or upon the attainment of a performance goal; and (3) make such limitation applicable to all publicly-held corporations that are required by the Securities and Exchange Commission (SEC) to register securities and provide periodic reports to their investors.

114 S1127 IS: Stop Subsidizing Multimillion Dollar Corporate Bonuses Act U.S. Senate 2015-04-29 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. 1127 IN THE SENATE OF THE UNITED STATES April 29, 2015 Mr. Reed Mr. Blumenthal Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand the denial of deduction for certain excessive employee remuneration, and for other purposes. 1. Short title This Act may be cited as the Stop Subsidizing Multimillion Dollar Corporate Bonuses Act 2. Expansion of denial of deduction for certain excessive employee remuneration (a) Application to all current and former employees (1) In general Section 162(m) (A) by striking covered employee covered individual (B) by striking such employee such individual (2) Covered individual Paragraph (3) of section 162(m) of such Code is amended to read as follows: (3) Covered individual For purposes of this subsection, the term covered individual . (3) Conforming amendments (A) Section 48D(b)(3)(A) of such Code is amended by inserting (as in effect for taxable years beginning before January 1, 2015) section 162(m)(3) (B) Section 409A(b)(3)(D)(ii) of such Code is amended by inserting (as in effect for taxable years beginning before January 1, 2015) section 162(m)(3) (b) Expansion of applicable employee remuneration (1) Elimination of exception for commission-based pay (A) In general Paragraph (4) of section 162(m) of such Code, as amended by subsection (a), is amended by striking subparagraph (B) and by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (B) Conforming amendments (i) Section 162(m)(5) of such Code is amended— (I) by striking subparagraphs (B), (C), and (D) thereof subparagraphs (B) and (C) thereof (II) by striking subparagraphs (F) and (G) subparagraphs (E) and (F) (ii) Section 162(m)(6) of such Code is amended— (I) by striking subparagraphs (B), (C), and (D) thereof subparagraphs (B) and (C) thereof (II) by striking subparagraphs (F) and (G) subparagraphs (E) and (F) (2) Inclusion of performance-based compensation (A) In general Paragraph (4) of section 162(m) (B) Conforming amendments (i) Section 162(m)(5) of such Code, as amended by paragraph (1), is amended— (I) by striking subparagraphs (B) and (C) thereof subparagraph (B) thereof (II) by striking subparagraphs (E) and (F) subparagraphs (D) and (E) (ii) Section 162(m)(6) of such Code, as amended by paragraph (1), is amended— (I) by striking subparagraphs (B) and (C) thereof subparagraph (B) thereof (II) by striking subparagraphs (E) and (F) subparagraphs (D) and (E) (c) Expansion of applicable employer Paragraph (2) of section 162(m) (2) Publicly held corporation For purposes of this subsection, the term publicly held corporation 15 U.S.C. 78c (A) the securities of which are registered under section 12 of such Act ( 15 U.S.C. 78l (B) that is required to file reports under section 15(d) of such Act ( 15 U.S.C. 780(d) . (d) Regulatory authority (1) In general Section 162(m) (7) Regulations The Secretary may prescribe such guidance, rules, or regulations, including with respect to reporting, as are necessary to carry out the purposes of this subsection. . (2) Conforming amendment Paragraph (6) of section 162(m) of such Code is amended by striking subparagraph (H). (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Stop Subsidizing Multimillion Dollar Corporate Bonuses Act

No Exemption for Washington from Obamacare Act - Amends the Patient Protection and Affordable Care Act (PPACA) to extend the requirement for participation in the American Health Benefit Exchange (a state health insurance exchange created by PPACA) to the President, Vice-President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress (currently, this requirement applies to Members of Congress and their staff). Prohibits any government contribution to or subsidy for the health insurance coverage of such officials and employees.

114 S16 IS: No Exemption for Washington from Obamacare 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. 16 IN THE SENATE OF THE UNITED STATES January 6, 2015 Mr. Vitter Mr. Cruz Committee on Finance A BILL To amend the Patient Protection and Affordable Care Act to apply the provisions of the Act to certain Congressional staff and members of the executive branch. 1. Short title This Act may be cited as the No Exemption for Washington from Obamacare Act 2. Health insurance coverage for certain Congressional staff and members of the executive branch Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended— (1) by striking the subparagraph heading and inserting the following: (D) Members of Congress, congressional staff, and political appointees in the exchange ; (2) in clause (i), in the matter preceding subclause (I)— (A) by striking and congressional staff with , congressional staff, the President, the Vice President, and political appointees with (B) by striking or congressional staff shall , congressional staff, the President, the Vice President, or a political appointee shall (3) in clause (ii)— (A) in subclause (II), by inserting after Congress, of a committee of Congress, or of a leadership office of Congress, (B) by adding at the end the following: (III) Political appointee In this subparagraph, the term political appointee (aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); (bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) (cc) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; or (dd) is employed in or under the Executive Office of the President in a position that is excluded from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. ; and (4) by adding at the end the following: (iii) Government contribution No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointee for coverage under this paragraph. (iv) Limitation on amount of tax credit or cost-sharing An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B (v) Limitation on discretion for designation of staff Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange. .

No Exemption for Washington from Obamacare Act

Small Business Tax Fairness Act - Amends the Internal Revenue Code to extend through 2014: (1) the 100% exclusion from gross income of gain from the sale of certain small business stock; (2) the increased amount of the tax deduction for business start-up expenses; (3) the reductions of the recognition period for built-in gains of S corporations; and (4) the increased expensing allowance for tangible business assets, including computer software, and real property. Allows a deduction in 2013 for health insurance costs in computing self-employment taxable income.

117 S2387 IS: Small Business Tax Fairness Act U.S. Senate 2021-07-20 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 117th CONGRESS 1st Session S. 2387 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. 1. Short title This Act may be cited as the Small Business Tax Fairness Act 2. Modifications to deduction for qualified business income (a) In general (1) Eligibility (A) Deduction limited to individuals (i) In general Section 199A(a) In the case of a taxpayer other than a corporation In the case of an individual (ii) Application to trusts and estates Section of such Code is amended by adding at the end the following new subsection: (j) Deduction for qualified business income No deduction shall be allowed under section 199A to an estate or trust. . (B) Married taxpayers must file joint return Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) No deduction for married individuals filing separate returns If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. . (2) Amount of deduction (A) Determination of amount Subsection (a) of section 199A an amount equal to the lesser of an amount equal to 20 percent of the least of— (1) the qualified business income of the taxpayer, (2) the threshold amount, or (3) the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year. . (B) Modification of threshold amount (i) In general Section 199A(e)(2) (2) Threshold amount The term threshold amount . (C) Limitations Subsection (b) of section 199A of such Code is amended to read as follows: (b) Limitations (1) Limitation based on taxable income The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as— (A) the excess of the taxpayer's taxable income over the threshold amount, bears to (B) $100,000. (2) Special rules with respect to income received from cooperatives In the case of any qualified trade or business of a patron of a specified agricultural or horticultural cooperative, the amount of qualified business income taken into account under subsection (a)(1) with respect to such trade or business shall be reduced by the lesser of— (A) 9 percent of so much of the qualified business income with respect to such trade or business as is properly allocable to qualified payments received from such cooperative, or (B) 50 percent of so much of the W–2 wages (as defined in subsection (g)(1)) with respect to such trade or business as are so allocable. . (3) Treatment of qualified REIT dividends (A) In general Section 199A(c) of such Code is amended— (i) by striking the last sentence in paragraph (1) and inserting Such term shall include qualified REIT dividends. (ii) by inserting (other than a qualified REIT dividend) Any dividend (B) Technical amendment Section 199A(e)(3) of such Code is amended by adding at the end the following new flush sentence: Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met or to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property. . (4) Conforming amendments (A) Section 199A(c)(1) any qualified trade or business all qualified trades or businesses (B) Section 199A(e) of such Code is amended by striking paragraph (4). (C) Section 199A(f) of such Code, as amended by paragraph (1), is amended— (i) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively, and (ii) by striking paragraph (1) and inserting the following: (1) Application to partnerships and S corporations In the case of a partnership or S corporation— (A) this section shall be applied at the partner or shareholder level, and (B) each partner or shareholder shall take into account such person's allocable share of each qualified item of income, gain, deduction, and loss. For purposes of this paragraph, in the case of an S corporation, an allocable share shall be the shareholder’s pro rata share of an item. (2) Treatment of trades or businesses in Puerto Rico In the case of any taxpayer with qualified business income from sources within the commonwealth of Puerto Rico, if all such income is taxable under section 1 for such taxable year, then for purposes of determining the qualified business income of such taxpayer for such taxable year, the term United States . (D) Section 199A(f)(6)(A) of such Code, as redesignated by paragraph (1) and subparagraph (C), is amended by striking and wages (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: (ii) W–2 For purposes of this subparagraph— (I) In general The term W–2 wages (II) Return requirement Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. (III) Wages must be allocable to domestic production gross receipts Such term shall not include any amount which is not properly allocable to domestic production gross receipts for purposes of paragraph (3)(A). . (F) Section 199A(g)(5)(B) of such Code is amended by inserting and the determination of W–2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico this subsection (G) Section 199A of such Code is amended by striking subsection (h) and by redesignating subsection (i) as subsection (h). (b) Modification of definition of qualified trade or business Section 199A(d) (d) Qualified trade or business For purposes of this section, the term qualified trade or business . (c) Exclusion of mark to market gain or loss of traders in securities and commodities from qualified business income Section 199A(c)(3)(B) (vii) Any gain or loss taken into account under section 475(f). . (d) Treatment of qualified business income distributed by RICs (1) In general Section 852(b) (10) Treatment by shareholders of qualified business income (A) In general In any case in which— (i) a dividend is received from a regulated investment company, and (ii) such company meets the requirements of subsection (a) for the taxable year during which it paid such dividend, then every shareholder of such company shall treat as qualified business income under section 199A(c) that portion of such dividend reported by such company as eligible for such treatment in written statements furnished to its shareholders. (B) Limitation For purposes of subparagraph (A), the aggregate amount which may be reported as dividends eligible to be treated as qualified business income under section 199A(c) shall not exceed the sum of— (i) the qualified REIT dividends (as defined in section 199A(e)) received by the company for the taxable year, plus (ii) the net amount of the company's allocable share for the taxable year of each qualified item of income, gain, deduction, and loss (as defined in subsection (c)(3) of section 199A, determined after the application of subsection (c)(4) thereof) from a publicly traded partnership (as defined in section 7704(b)) which is not treated as a corporation under section 7704(a). . (2) Conforming amendment Section 199A(c) of such Code is amended by adding at the end the following new paragraph: (5) Treatment of certain dividends received from regulated investment companies For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10). . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Small Business Tax Fairness Act

Job Creation through Energy Efficient Manufacturing Act - Requires the Secretary of Energy (DOE) to establish a Financing Energy Efficient Manufacturing Program to provide grants to states to establish or expand programs to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid, and alternative vehicle fleet projects for industrial businesses (covered programs). Defines "state" as a state, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. Requires the Secretary to consult with states and stakeholders to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple states. Requires states that receive such funding to give a higher priority to covered programs that: (1) leverage private and nonfederal sources of funding, and (2) aim to expand the use of energy efficiency project financing using private sources of funding. Requires: (1) states receiving such grants to collect, share, and report on data resulting from covered programs carried out under this Act; and (2) the Secretary to incorporate the data into appropriate DOE databases, with provisions for the protection of confidential business data. Requires grant funds to be provided to the state office responsible for developing the state energy plan under the Energy Policy and Conservation Act.

114 S1275 IS: Job Creation through Energy Efficient Manufacturing Act U.S. Senate 2015-05-11 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. 1275 IN THE SENATE OF THE UNITED STATES May 11, 2015 Mr. Merkley Committee on Energy and Natural Resources A BILL To establish a Financing Energy Efficient Manufacturing Program in the Department of Energy to provide financial assistance to promote energy efficiency and onsite renewable technologies in manufacturing and industrial facilities. 1. Short title This Act may be cited as the Job Creation through Energy Efficient Manufacturing Act 2. Purpose The purpose of this Act is to encourage widespread deployment of energy efficiency and onsite renewable energy technologies in manufacturing and industrial facilities throughout the United States through the establishment of a Financing Energy Efficient Manufacturing Program that would— (1) encourage the widespread availability of financial products and programs with attractive rates and terms that significantly reduce or eliminate upfront expenses to allow manufacturing and industrial businesses to invest in energy efficiency measures, onsite clean and renewable energy systems, smart grid systems, and alternative vehicle fleets by providing credit support, credit enhancement, secondary markets, and other support to originators of the financial products and sponsors of the financing programs; and (2) help building owners to invest in measures and systems that reduce energy costs, in many cases creating a net cost savings that can be realized in the short-term, and may also allow manufacturing and industrial business owners to defer capital expenditures, save money to hire new workers, and increase the value, comfort, and sustainability of the property of the owners. 3. Definitions In this Act: (1) Covered program The term covered program (2) Secretary The term Secretary (3) State The term State (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. 4. Financing Energy Efficient Manufacturing Program (a) Establishment The Secretary shall establish a program, to be known as the Financing Energy Efficient Manufacturing Program (b) Applications (1) In general A State may apply to the Secretary for a grant under subsection (a) to establish or expand covered programs. (2) Evaluation The Secretary shall evaluate applications submitted by States under paragraph (1) on the basis of— (A) the likelihood that the covered program would— (i) be established or expanded; and (ii) increase the total investment and energy savings of retrofit projects to be supported; (B) in the case of industrial business efficiency financing initiatives conducted under subsection (c), evidence of multistate cooperation and coordination with lenders, financiers, and owners; and (C) other factors that would advance the purposes of this Act, as determined by the Secretary. (c) Multistate facilitation The Secretary shall consult with States and relevant stakeholders with applicable expertise to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple States. (d) Administration A State receiving a grant under subsection (a) shall give a higher priority to covered programs that— (1) leverage private and non-Federal sources of funding; and (2) aim explicitly to expand the use of energy efficiency project financing using private sources of funding. (e) Davis-Bacon compliance (1) In general All laborers and mechanics employed on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act (2) Authority With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (f) Reports (1) In general Not later than 2 years after the date of receipt of a grant under this Act, a State shall submit to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that describes the performance of covered programs carried out using the grant funds. (2) Data (A) In general A State receiving a grant under this Act, in cooperation with the Secretary, shall— (i) collect and share data resulting from covered programs carried out under this Act; and (ii) include in the report submitted under paragraph (1) any data collected under clause (i). (B) Department databases The Secretary shall incorporate data described in subparagraph (A) into appropriate databases of the Department of Energy, with provisions for the protection of confidential business data. 5. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $250,000,000, to remain available until expended. (b) State energy offices Funds provided to a State under this Act shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq).

Job Creation through Energy Efficient Manufacturing Act

Hunting, Fishing, and Recreational Shooting Protection Act - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of  any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components.

114 S225 IS: Hunting, Fishing, and Recreational Shooting Protection 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. 225 IN THE SENATE OF THE UNITED STATES January 21, 2015 Mr. Thune Ms. Klobuchar Committee on Environment and Public Works A BILL To amend the Toxic Substances Control Act to clarify the jurisdiction of the Environmental Protection Agency with respect to certain sporting good articles, and to exempt those articles from a definition under that Act. 1. Short title This Act may be cited as the Hunting, Fishing, and Recreational Shooting Protection Act 2. Modification of definition Section 3(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2602(2)(B) (1) in clause (v), by striking , and , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers, (2) in clause (vi) by striking the period at the end and inserting , and (3) by inserting after clause (vi) the following: (vii) any sport fishing equipment (as such term is defined in section 4162(a) .

Hunting, Fishing, and Recreational Shooting Protection Act

Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act - Codifies and expands the Reorganization Plan No. 1 of 1980 governing the administration of the Nuclear Regulatory Commission (NRC). Identifies approval of the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations, in addition to functions concerned with policy formulation, rule making, and orders and adjudications, as functions that remain vested in the Commission. Revises provisions of such Reorganization Act relating to: (1) the appointment and replacement of NRC officers and employees, (2) the role of the NRC Chairman, (3) the scope of the emergency authority of the NRC Chairman, and (4) NRC reporting procedures. Sets forth NRC policy with respect to: (1) certification of documents transmitted to Congress, (2) time limits for review of Atomic Safety and Licensing Board decisions and actions, (3) allegations of wrongdoing on the part of the NRC Chairman, and (4) approval of international travel requests by NRC members.

114 S58 IS: Nuclear Regulatory Commission Reorganization Plan Codification and Complements 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. 58 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on Environment and Public Works A BILL To ensure orderly conduct of Nuclear Regulatory Commission actions. 1. Short title; table of contents (a) Short title This Act may be cited as the Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act (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—Replacement of Reorganization Plan Sec. 101. General functions. Sec. 102. Chairman. Sec. 103. Emergency authority. Sec. 104. Reporting. Sec. 105. Rescission of Reorganization Plan approval. TITLE II—Miscellaneous Sec. 201. Certification of documents transmitted to Congress. Sec. 202. Time limits for Commission review of Atomic Safety and Licensing Board decisions. Sec. 203. Allegations of wrongdoing. Sec. 204. Approval of travel. Sec. 205. Implementation. 2. Definitions In this Act: (a) Commission The term Commission (b) Chairman The term Chairman I Replacement of Reorganization Plan 101. General functions (a) Functions vested in the Commission (1) In general There shall remain vested in the Commission the functions of the Commission relating to— (A) policy formulation; (B) rulemaking, as described in section 553 of title 5, United States Code, except that the matters described in subsections (a)(2) and (b) of that section that do not pertain to policy formulation orders or adjudications shall be reserved to the Chairman; (C) orders and adjudications, as those terms are defined in paragraphs (6) and (7) of section 551 of title 5, United States Code, respectively; and (D) approving the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations. (2) Voting; policy proposals (A) In general If there is a doubt as to whether a matter, action, question, or area of inquiry pertains to one of the functions described in paragraph (1), the Commission may make a determination with respect to the pertinence, by majority vote. (B) Request Any member of the Commission may— (i) request a vote under subparagraph (A); and (ii) propose a policy matter for consideration by the Commission. (3) Access to information All members of the Commission shall have full, unfettered, timely, and equal access to information of the Commission. (4) Delegation of functions The performance of any portion of the functions described in paragraph (1) may be delegated by the Commission to— (A) a member of the Commission (including the Chairman); and (B) the staff of the Commission. (b) Officers and employees (1) Appointment and removal of certain officers (A) Appointment The Chairman shall initiate the appointment, subject to the approval of the Commission, of the officers or successor officers established by law or by the Commission described in subparagraph (C). (B) Removal The Chairman or a member of the Commission may initiate an action for removal, subject to the approval of the Commission, by majority vote, of the officers or successor officers established by law or by the Commission described in subparagraph (C). (C) Description of officers The officers referred to in subparagraphs (A) and (B) consist of the following: (i) The Executive Director for Operations. (ii) The Chief and Deputy Chief Financial Officer. (iii) The General Counsel. (iv) The Director of the Office of Commission Appellate Adjudication. (v) The Secretary of the Commission. (vi) The Director of the Office of Public Affairs. (vii) The Director of the Office of Congressional Affairs. (viii) The Director of the Office of International Programs. (ix) The Chief Administrative Judge and members of the Atomic Safety and Licensing Board Panel. (D) Evaluations Any performance evaluation or rating of the officers described in subparagraph (C) shall be determined by a majority vote of the members of the Commission. (E) Replacement of officers (i) In general If there is a vacancy in a position described in subparagraph (C), the Chairman may designate an acting officer for a period of 60 days. (ii) Approval of extension required The Chairman may only extend the initial 60-day period under clause (i) with the approval of the Commission. (iii) Failure to approve If, at the end of the 60-day period under clause (i), the Chairman has not proposed a replacement or the Commission has not approved the appointment of an officer proposed by the Chairman, any member of the Commission may initiate the appointment, subject to approval of the Commission. (2) Appointment and removal of other officers (A) Appointment The Chairman, after consultation with the Executive Director for Operations, shall initiate the appointment, subject to the approval of the Commission, of the officers or successor officers established by law or by the Commission described in subparagraph (C). (B) Removal The Chairman or a member of the Commission may initiate an action for removal, subject to the approval of the Commission, by majority vote, of the officers or successor officers established by law or by the Commission described in subparagraph (C). (C) Description of officers The officers referred to in subparagraphs (A) and (B) consist of the following: (i) The Director of the Office of Nuclear Reactor Regulation. (ii) The Director of the Office of Nuclear Material Safety and Safeguards. (iii) The Director of the Office of Nuclear Regulatory Research. (iv) The Director of the Office of Nuclear Security and Incident Response. (v) The Director of the Office of New Reactors. (vi) The Director of the Office of Federal and State Materials and Environmental Management Programs. (vii) The Director of the Office of Investigations. (viii) The Director of the Office of Enforcement. (3) Appointment of Advisory Committee on Reactor Safeguards (A) In general The Chairman or a member of the Commission shall initiate the appointment of a member of the Advisory Committee on Reactor Safeguards, subject to the approval of the Commission. (B) Limitation Nothing in this Act affects— (i) the appointment of the Chairman of the Advisory Committee on Reactor Safeguards; or (ii) the term of the members of Advisory Committee on Reactor Safeguards. (4) Delegation of staff supervision functions The Commission shall delegate the function of appointing, removing, and supervising the staff of the following offices or successor offices to the respective heads of the offices: (A) Executive Director for Operations. (B) General Counsel. (C) Secretary of the Commission. (D) Chief Financial Officer. (E) The Office of Commission Appellate Adjudication. (F) The Office of Congressional Affairs. (G) The Office of Public Affairs. (H) The Office of International Programs. (5) Delegation of staff of panels and committees The Commission shall delegate the functions of appointing, removing, and supervising the staff of the following panels and committee to the respective Chair of the panel or committee: (A) The Atomic Safety and Licensing Board Panel. (B) The Advisory Committee on Reactor Safeguards. (c) Commission member offices Each member of the Commission shall continue to appoint, remove, and supervise the personnel employed in the immediate office of the member. (d) Performance of functions Section 201(a)(1) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(1) 102. Chairman (a) Transfer of functions Any function of the Commission not described in section 101(a)(1) is transferred to the Chairman. (b) Duties The Chairman shall— (1) be the official spokesman for the Commission, which includes representing the policies established by a majority of the members of the Commission; (2) be the principal executive officer of the Commission; (3) be responsible to the Commission for ensuring that the Executive Director for Operations and the staff of the Commission (other than the officers and staff referred to in subsections (b)(4) and (c) of section 101) are responsive to the requirements of the Commission in the performance of the functions of the Commission; (4) determine the use and expenditure of funds of the Commission, in accordance with the distribution of appropriated funds according to programs and purposes approved by the Commission; (5) present to the Commission, for consideration by the Commission, the proposals and estimates prepared under paragraph (6)(C); and (6) be responsible for (which the Chairman shall delegate, subject to direction and supervision by the Chairman, to the Executive Director for Operations, unless otherwise provided by this Act)— (A) administrative functions of the Commission; (B) distribution of business among personnel, administrative units, and offices of the Commission; (C) preparation of proposals for the reorganization of the major offices of the Commission; and (D) appointing and removing, without any further action by the Commission, all officers and employees under the Commission other than the offices and employees, the appointment and removal of which are specifically provided for by subsections (b)(4) and (c) of section 101. (c) Governing principles (1) In general The Chairman (as principal executive officer) and the Executive Director for Operations, shall be governed by— (A) the general policies of the Commission; and (B) any regulatory decisions, findings, and determinations (including decisions, findings, and determinations for reorganization proposals, budget revisions, and the distribution of appropriated funds) as the Commission may by law be authorized to make. (2) Full and current information The Chairman and the Executive Director for Operations shall be jointly responsible for ensuring that the Commission is fully and currently informed about matters within the functions of the Commission. (3) Failure to act in accordance If a majority of the members of the Commission determine that the Chairman has not acted in accordance with paragraph (1) or (2), the members of the Commission shall— (A) submit to the President written notice of the determination; and (B) transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate copies of the notice submitted under subparagraph (A). 103. Emergency authority (a) In general Notwithstanding sections 101 and 102 and subject to subsection (b), the Chairman is authorized to exercise emergency authority of the Chairman in responding to, issuing orders respecting, advising United States civil authorities and the United States public about, and directing and coordinating actions relating to an emergency incident. (b) Limitations (1) Emergency declaration required (A) In general The Chairman may not exercise emergency authority under subsection (a) until— (i) the Chairman issues a declaration that a specific emergency exists; and (ii) not later than 24 hours after the issuance of a declaration under subparagraph (A), the Chairman provides notice of the declaration— (I) in writing to— (aa) the Commission; (bb) the Committee on Energy and Commerce of the House of Representatives; and (cc) the Committee on Environment and Public Works of the Senate; and (II) except as provided in subparagraph (B), to the public. (B) Public notification Notwithstanding subclause (II) of subparagraph (A)(ii), public notification of a declaration under that subclause may be delayed beyond the 24-hour period specified in subparagraph (A)(ii) if the Chairman— (i) determines that disclosing the declaration to the public at that time would constitute a risk to public health or safety; and (ii) submits notice of the determination under clause (i) to— (I) the Commission; (II) the Committee on Energy and Commerce of the House of Representatives; and (III) the Committee on Environment and Public Works of the Senate. (2) Authorized emergencies The Chairman may only exercise emergency authority under subsection (a) in response to— (A) an imminent safety threat pertaining to a facility or materials licensed or regulated by the Commission; or (B) a determination of an imminent security threat to a facility or materials licensed or regulated by the Commission is made by— (i) the Secretary of Homeland Security; (ii) the Secretary of Energy; (iii) the Secretary of Transportation; (iv) the Director of the Federal Bureau of Investigation; (v) the Director of the Central Intelligence Agency; or (vi) the Director of National Intelligence. (3) Duration (A) In general The Chairman may only exercise emergency authority under subsection (a) for the fewer of— (i) the duration of the emergency; or (ii) 30 days. (B) Extension The initial period established under subparagraph (A) may be extended by 30 days if the Commission— (i) approves the extension; and (ii) submits notice of the extension to— (I) the public; (II) the Committee on Energy and Commerce of the House of Representatives; and (III) the Committee on Environment and Public Works of the Senate. (c) Delegation (1) To members The Chairman may delegate the authority to perform the emergency functions described in subsection (a), in whole or in part, to any of the other members of the Commission. (2) To staff The authority to perform the emergency functions described in subsection (a) may be delegated or redelegated, in whole or in part, to the staff of the Commission. (d) Consultation (1) In general To the maximum extent practicable, the Chairman shall consult with the full Commission on any regulatory or policy actions taken under the emergency authority provided under this section. (2) Exemption A consultation under paragraph (1) shall be exempt from the requirements of section 552b of title 5, United States Code. (e) Guidelines and notice In acting under this section, the actions of the Chairman, or other member of the Commission delegated authority under subsection (c), shall conform to the policy guidelines of the Commission. (f) Termination of emergency On termination of the emergency, the Chairman shall immediately submit notice of the termination to— (1) the Commission; (2) the public; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Environment and Public Works of the Senate. (g) Report Not later than 30 days after the date on which the emergency is terminated under subsection (f), the Chairman, or the member of the Commission or staff member of the Commission delegated the emergency functions under subsection (c), shall submit a report that describes all actions taken during the emergency, including a description of any actions taken using the authority provided by this section, to— (1) the Commission; (2) the Committee on Energy and Commerce of the House of Representatives; and (3) the Committee on Environment and Public Works of the Senate. (h) Commission procedures (1) In general Not later than 90 days after the date of enactment of this Act, the Commission shall revise the procedures of the Commission to comply with the requirements of this section. (2) Requirements The revision under paragraph (1) shall define the roles of the members of the Commission during an emergency, including providing for— (A) complete access to— (i) records and information relating to actions taken during the emergency; (ii) Commission staff involved in the management of the emergency; and (iii) one or more locations at which decisions are made during the emergency; and (B) to the extent practicable, participation in decisions that may affect Commission actions and policies beyond the response to a particular emergency. 104. Reporting (a) Delegation; reporting (1) In general The Chairman may make any delegations and provide for any reporting that the Chairman determines to be necessary, subject to applicable provisions of law. (2) Direct communication Any officer or employee under the Commission may communicate directly to the Commission, or to any member of the Commission, if the officer or employee determines that a critical problem or matter of public health, public safety, or common defense and security is not being properly addressed. (b) Executive Director for Operations (1) In general The Executive Director for Operations shall report all matters to the Chairman. (2) Submission of reports to executive director for operations The Directors of Nuclear Reactor Regulations, Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research shall report to the Executive Director for Operations. (c) Direct reporting (1) Submission of reports The heads of the Commission-level offices or successor offices of the following offices shall report directly to the Commission: (A) The General Counsel. (B) The Secretary of the Commission. (C) The Office of Commission Appellate Adjudication. (D) The Office of Congressional Affairs. (E) The Office of Public Affairs. (F) The Office of International Programs. (G) The Atomic Safety and Licensing Board Panel. (H) The Advisory Committee on Reactor Safeguards. (2) Receipt of reports The Commission shall receive the reports submitted under paragraph (1). 105. Rescission of Reorganization Plan approval The approval of Reorganization Plan No. 1 of 1980 (45 Fed. Reg. 40561) (adopted pursuant to the Reorganization Act Amendments of 1984 ( 5 U.S.C. 901 et seq. II Miscellaneous 201. Certification of documents transmitted to Congress A letter or other document transmitted by the Commission, on behalf of the full Commission, to a member of Congress in the capacity of the member as Chairman or Ranking Minority Member of a Committee of Congress, shall include a certification that the letter or document is being sent to the Chairman and Ranking Minority Member of that Committee, in accordance with established Commission procedures. 202. Time limits for Commission review of Atomic Safety and Licensing Board decisions (a) In general In reviewing the decisions and actions of the Atomic Safety and Licensing Board, not later than 90 days after the date on which the Commission receives final briefs relating to the decision or action, each member of the Commission shall vote on the matter under review. (b) Notification of nonvoters Once a majority position of the members of the Commission has been established by members voting under subsection (a), the Secretary shall notify in writing any member of the Commission that has not voted in accordance with that subsection that a majority position has been established with respect to the matter under review. (c) Deadline for voting A member of the Commission that receives notice under subsection (b)— (1) shall have within 3 days of the date of the notice to vote on the matter under review; and (2) shall be considered by the Secretary as not participating in the vote if the member does not vote by the deadline specified in paragraph (1). (d) Publication The Commission shall publish any resulting decision of the Commission under this section, including adjudicatory orders and direction to agency staff— (1) if a majority position is established with respect to the matter under review under this section, not later than 30 days after the date on which the majority position is established; or (2) if a majority position is not established because of a tie vote of the participating members of the Commission, not later than 30 days after the date on which the voting is completed in accordance with this section. 203. Allegations of wrongdoing (a) Referral to inspector general Not later than 90 days after the date of enactment of this Act, the Commission shall revise the procedures of the Commission to ensure that any allegation of wrongdoing on the part of the Chairman is immediately referred to the Inspector General of the Commission. (b) Supervision of inspector general During any period in which an investigation by the Inspector General of the Chairman is pending with respect to an allegation described in subsection (a), the Chairman shall delegate responsibility for supervising the Inspector General to a member of the Commission other than the Chairman, consistent with the Inspector General Act of 1978 (5 U.S.C. App.). 204. Approval of travel (a) Authorization by Chairman The Chairman shall authorize all international travel requested by other members of the Commission for official business unless the Chairman submits a notice of disapproval to the full Commission specifying the basis for the disapproval by that is 5 days after the date on which the request is submitted to the Chairman. (b) Request considered To be approved If the Chairman fails to submit to the Commission the notice of disapproval by the deadline described in subsection (a), the travel shall be considered to be approved. 205. Implementation Except as otherwise specified in this Act, not later than 180 days after the date of enactment of this Act, the Commission shall revise the procedures of the Commission to conform the procedures with this Act.

Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act

Rebuilding America's Schools Act - Amends the Internal Revenue Code, with respect to tax-exempt bond funding for educational facilities, to: (1) reinstate the national qualified school construction bond limitation amount for calendar years after 2013, (2) make permanent the qualified zone academy bond (QZAB) limitation amount, (3) permit private entities to waive the 10% matching requirement for QZABs, and (4) revise the definition of QZAB for purposes of the credit for issuers of qualified tax credit bonds.

114 S1753 IS: Rebuilding America's Schools Act U.S. Senate 2015-07-13 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. 1753 IN THE SENATE OF THE UNITED STATES July 13, 2015 Mr. Brown Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify and permanently extend qualified zone academy bonds, and to treat such bonds as specified tax credit bonds. 1. Short title This Act may be cited as the Rebuilding America's Schools Act 2. Enhancement of qualified zone academy bonds (a) In general Paragraph (1) of section 54E(c) and $400,000,000 for 2011 $400,000,000 for 2011, 2012, 2013, and 2014, and $1,400,000,000 for each calendar year after 2014. (b) Construction of a public school facility Subparagraph (A) of section 54E(d)(3) rehabilitating or repairing constructing, rehabilitating, or repairing (c) Adjustment of private business contribution requirement Subsection (b) of section 54E 10 percent 5 percent (d) Specified tax credit bond Clause (iii) of section 6431(f)(3)(A) (iii) a qualified zone academy bond (as defined in section 54E), or . (e) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2014.

Rebuilding America's Schools Act

Supporting Adoptive Families Act - Amends part B (Child and Family Services) of title IV of the Social Security Act (SSAct) to make it a purpose of the Stephanie Tubbs Jones Child Welfare Services Program to promote efforts to prevent children from entering the foster care system through the provision of pre- and post-adoptive support services. Extends adoption promotion and support services to those designed to support adoptions from other countries as well as domestic adoptions. Specifies related pre- and post-adoptive support services. Amends SSAct title IV part E (Foster Care and Adoption Assistance) to revise requirements for state expenditures for adoption support services. Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants or cooperative agreements to eligible entities to develop and implement state-sponsored statewide or tribal post-adoption mental health service programs for all adopted children. Amends SSAct title IV part D (Child Support and Establishment of Paternity) to direct the Secretary, as part of the child support and paternity data collection system, to promulgate final regulations requiring the states to collect and report information regarding children adopted within the United States or from other countries who enter into state custody as a result of the disruption of a placement for adoption or the dissolution of an adoption.

114 S369 IS: Supporting Adoptive Families 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. 369 IN THE SENATE OF THE UNITED STATES February 4, 2015 Ms. Klobuchar Mr. Blunt Committee on Finance A BILL To enhance pre- and post-adoptive support services. 1. Short title This Act may be cited as the Supporting Adoptive Families Act 2. Adoption support services (a) Ensuring well-Being of adopted children and adoptive families Section 421 of the Social Security Act ( 42 U.S.C. 621 (1) in paragraph (4), by striking and (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following new paragraph: (5) ensuring the well-being of adopted children and their adoptive families and promoting efforts to prevent such children from entering the foster care system through the provision of pre- and post-adoptive support services; and . (b) Pre- and post-Adoptive support services Paragraph (8) of section 431(a) of such Act ( 42 U.S.C. 629a(a) (8) Adoption promotion and support services (A) In general The term adoption promotion and support services (B) Pre- and post-adoptive support services The term pre- and post-adoptive support services (i) Pre-adoptive support services, which may include— (I) direct services, including training, educational support, counseling, and other services for adoptive parents and families that address caregiver interests and concerns regarding common behavioral issues, such as— (aa) issues relating to emotional, behavioral, or developmental health needs; (bb) issues relating to attachment, identity, abandonment, cultural differences, grief, and loss; and (cc) issues resulting from birth defects due to fetal alcohol syndrome or any other substance abuse-related developmental disorder; (II) the provision of educational resources for adoptive parents regarding the geographic, ethnic, and cultural background of the adopted child; (III) peer-to-peer mentoring and support groups that permit a newly adoptive parent to communicate and learn from more experienced adoptive parents, including programs that enhance communication between adoptive parents with children of similar geographic, ethnic, or cultural backgrounds; and (IV) the provision of informational resources for adoptive parents, including— (aa) resources available through Federal and State agencies, including information regarding benefits for children with a medical condition or a physical, mental, or emotional disability; (bb) newsletters, Web sites, and other informational resources regarding adoption-related services; (cc) the establishment of lending libraries containing information and resources for adoptive parents; and (dd) conferences, discussion groups, and seminars that are available to adoptive parents and other relevant stakeholders. (ii) Post-adoptive support services, which may include— (I) continued provision to adoptive parents of pre-adoptive support services described in clause (i); (II) the provision of accessible and reliable respite services for adoptive parents; (III) direct services and counseling for adopted children, including, as appropriate— (aa) support services for an adopted child with emotional, behavioral, or developmental health needs; (bb) support services that address issues relating to attachment, identity, abandonment, cultural differences, grief, and loss; and (cc) treatment services that are specialized for adopted children, including psychiatric residential services, outpatient mental health services, social skills training, intensive in-home supervision services, recreational therapy, suicide prevention, and substance abuse treatment; (IV) peer-to-peer mentoring and support groups that allow adopted children to communicate and socialize with other adopted children, including programs that provide for communication between adopted children from similar geographic, ethnic, or cultural backgrounds; and (V) crisis and family preservation services, including crisis counseling and a 24-hour emergency hotline for adoptive parents. . 3. Funding for adoption support services Paragraph (8) of section 473(a) of the Social Security Act ( 42 U.S.C. 673(a) (8) With respect to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, a State shall— (A) spend a significant portion of such amount to provide pre- and post-adoptive support services (as defined in section 431(a)(8)(B)); (B) spend the remainder of such amount to provide to children or families any other services that may be provided under this part or part B; and (C) on an annual basis, submit to the Secretary a report that provides a detailed account of any services that were funded pursuant to this paragraph. . 4. Federal grant program for post-adoption mental health services Subpart 3 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb–31 et seq. 520L. Post-adoption mental health services (a) In general The Secretary, acting through the Administrator, shall award grants or cooperative agreements to eligible entities to— (1) develop and implement State-sponsored Statewide or tribal post-adoption mental health service programs for all adopted children; (2) support public organization and private nonprofit organizations actively involved in State-sponsored Statewide or tribal post-adoption mental health service programs; (3) collect and analyze data on State-sponsored Statewide or tribal post-adoption mental health service programs that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; (4) develop and provide educational and training opportunities concerning the mental health needs of adopted children and their families for use by teachers, social workers, and other community mental health service providers; and (5) develop and provide materials for potential adoptive parents, both for domestic adoptions and adoptions from other countries, describing the possible need for post-adoption mental health services and available resources. (b) Eligible entity (1) Definition In this section, the term eligible entity (A) a State; (B) a public organization or private nonprofit organization designated by a State to develop or direct the State-sponsored Statewide post-adoption mental health service program under a grant under this section; and (C) a Federally recognized Indian tribe or tribal organization (as defined in the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. 25 U.S.C. 1601 et seq. (2) Limitation In carrying out this section, the Secretary shall ensure that each State is awarded only 1 grant or cooperative agreement under this section. For purposes of the preceding sentence, a State shall be considered to have been awarded a grant or cooperative agreement if the eligible entity involved is the State or an entity designated by the State under paragraph (1)(B). Nothing in this paragraph shall be construed to apply to entities described in paragraph (1)(C). (c) Preference In providing assistance under a grant or cooperative agreement under this section, the Secretary shall give preference to eligible entities that have demonstrated success in increasing the level of adoption competency among mental health providers, adoption lawyers, social workers, case workers, and adoptive parents. (d) Requirement for direct services Not less than 85 percent of funds received under a grant or cooperative agreement under this section shall be used to provide direct services, of which not less than 5 percent shall be used for activities authorized under subsection (a)(3). (e) Coordination and collaboration (1) In general In carrying out this section, the Secretary shall collaborate with relevant Federal agencies and adoption-related working groups to promote interaction between domestic foster care agencies and private adoption agencies in other countries. (2) Consultation In carrying out this section, the Secretary shall consult with— (A) State and social service agencies engaged in the placement of children for adoption, domestically or from other countries; (B) local and national organizations that serve foster and adopted youth; (C) health and education specialists who focus on adoption and foster care medicine; (D) youth who have been in foster care or adopted, domestically or from other countries; (E) families and friends of youth who have been in foster care or adopted, domestically or from other countries; and (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve adopted children and their families. (3) Policy development In carrying out this section, the Secretary shall— (A) coordinate and collaborate on policy development with the Administration for Children and Families and other relevant Department of Health and Human Services agencies and adoption-related working groups; and (B) consult on policy development at the Federal level with those in the private sector engaged in the recruitment of foster and adoptive parents, the placement of children in foster care and for adoption, and the provision of post-adoption services. (f) Evaluation and report (1) Evaluations by eligible entities Not later than 18 months after receipt of a grant or cooperative agreement under this section, an eligible entity shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant or agreement. (2) Report Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of— (A) the evaluations conducted under paragraph (1); and (B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants, collaborations, and consultations under this section. (g) Definitions In this section: (1) Adopted child The term adopted child (2) Adoption competency The term adoption competency (A) the nature of adoption as a form of family formation and the different types of adoption; (B) relevant emotional and physical issues involved in the adoption process, including issues relating to separation, loss, attachment, abuse, trauma, and neglect; (C) common developmental challenges associated with adoption; (D) the characteristics and skills that allow for successful adoptive families; (E) proper sensitivity with respect to the different geographic, ethnic, or cultural backgrounds of adopted children and adoptive families; and (F) the necessary skills for effectively advocating on behalf of birth and adoptive families. (3) Post-adoption mental health services The term post-adoption mental health services (A) direct services, including training, educational support, counseling, and other services for adoptive parents and families that address caregiver interests and concerns regarding child behavioral issues that are common among adopted children and children in foster care, including, as appropriate— (i) caring for an adopted child with emotional, behavioral, or developmental health needs; and (ii) providing for the emotional needs of an adopted child, including issues relating to attachment, identity, abandonment, cultural differences, grief, and loss; (B) peer-to-peer mentoring and support groups that permit a newly adoptive parent to communicate and learn from more experienced adoptive parents; (C) the provision of informational resources and available services for adoptive parents; (D) direct services, including counseling, peer-to-peer mentoring and support groups, and other services for adopted children that address common behavioral and adjustment issues, including, as appropriate— (i) support services for an adopted child with emotional, behavioral, or developmental health needs; (ii) support services that address the emotional needs of an adopted child, including issues relating to attachment, identity, abandonment, cultural differences, grief, and loss; and (iii) treatment services that are specialized for adopted children, including psychiatric residential services, outpatient mental health services, social skills training, intensive in-home supervision services, recreational therapy, suicide prevention, and substance abuse treatment; (E) peer-to-peer mentoring and support groups that allow adopted children to communicate and socialize with other adopted children; and (F) crisis intervention and family preservation services. (h) Funding for post-Adoption mental health services From amounts appropriated to carry out title III, V, or XIX of the Public Health Service Act for each fiscal year, $20,000,000 shall be used by the Secretary in each such fiscal year to fund services and programs authorized under this section. . 5. Data collection on Adoption Disruption and Dissolution (a) In general Section 479 of the Social Security Act ( 42 U.S.C. 679 (e) (1) Not later than 12 months after the date of enactment of the Supporting Adoptive Families Act (A) information on children who are adopted within the United States or from other countries and who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including— (i) the number of children who enter into State custody as a result of— (I) the disruption of placement for adoption; or (II) the dissolution of an adoption; and (ii) for each child identified under clause (i)— (I) as applicable, the country of birth for any child who was not born in the United States; (II) the length of the adoption placement prior to disruption or dissolution; (III) the age of the child at the time of the disruption or dissolution; (IV) the reason for the disruption or dissolution; and (V) the agencies who handled the placement for adoption; and (B) such other information as determined appropriate by the Secretary. (2) The information described in paragraph (1) shall be used— (A) to consolidate and expand the collection of information on adoption disruption and dissolution; (B) to improve research and data collection systems in order to more accurately determine and measure the rates, outcomes, and causes of adoption disruption and dissolution; (C) to identify pre- and post-adoptive support services (including services described in section 431(a)(8)(B)) that result in lower rates of disruption and dissolution of adoptions; (D) to develop an understanding of the relationship between the rate of incidence of adoption disruptions and dissolutions and the support services that are provided to adoptive families in order to identify and develop effective evidence-based strategies, programs, and support services that help to prevent adoption disruption and dissolution; and (E) to develop and enhance training and educational services regarding strategies for prevention of adoption disruption and dissolution. (3) (A) Not later than 6 months after the date of enactment of the Supporting Adoptive Families Act (i) data on children whose adoptions are disrupted or dissolved but do not enter into State custody as a result of such disruption or dissolution; (ii) data on adoption displacements, whereby an adopted child is temporarily placed out of the home of an adoptive parent in order to receive medical, mental health, behavioral, or other forms of treatment; and (iii) such other data as determined appropriate by the Secretary. (B) The membership and organization of the advisory committee described in subparagraph (A) shall be determined by the Secretary and shall include— (i) State and child welfare agencies that are engaged in the placement of children for adoption domestically or from other countries; (ii) local and national organizations that serve adopted children and children in foster care; and (iii) members of State and local judiciary and court staff. (C) Not later than 12 months after establishment of the advisory committee described in subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a report containing recommendations of the advisory committee for improvement of the data collection system established under this section. . (b) Annual report Section 479A(a) of the Social Security Act ( 42 U.S.C. 679b(a) (1) in paragraph (6), by striking and (2) in paragraph (7), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (8) include in the report submitted pursuant to paragraph (5) for fiscal year 2014 or any succeeding fiscal year, national and State-by-State data on the numbers and rates of disruptions and dissolutions of adoptions, as collected pursuant to section 479(e)(1). .

Supporting Adoptive Families Act

Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national mercury monitoring program that monitors: (1) long-term changes in mercury levels and important ancillary measures in the air; and (2) long-term changes in mercury and methyl mercury levels and important ancillary measures in water and soil or sediments and in marine, freshwater, and terrestrial organisms. Requires the program to be compatible with similar international efforts, including the Global Mercury Observation System and the Global Earth Observation System of Systems. Requires the Administrator to: (1) select multiple monitoring sites representing multiple ecoregions that include national parks, wildlife refuges, National Estuarine Research Reserve units, and other sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions; (2) establish and publish standardized measurement protocols for the program; and (3) establish a centralized database for environmental mercury data. Requires the Administrator to: (1) establish a Mercury Monitoring Advisory Committee to advise the Administrator on the establishment, site selection, measurement, recording protocols, and operation of the program; (2) report on the program every two years and include, every four years, an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects; and (3) make all data obtained under this Act available to the public through a dedicated website and on written request.

116 S181 IS: Comprehensive National Mercury Monitoring Act U.S. Senate 2019-01-17 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 116th CONGRESS 1st Session S. 181 IN THE SENATE OF THE UNITED STATES January 17, 2019 Ms. Collins Mr. Carper Committee on Environment and Public Works A BILL To establish a national mercury monitoring program, and for other purposes. 1. Short title This Act may be cited as the Comprehensive National Mercury Monitoring Act 2. Findings Congress finds that— (1) mercury is a potent neurotoxin of significant ecological and public health concern; (2) it is estimated that approximately 200,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development; (3) based on estimates from the Centers for Disease Control and Prevention, between 2000 and 2010, between 2 and 6 percent of women in the United States of childbearing age have exceeded blood mercury levels determined to be safe by the Environmental Protection Agency; (4) exposure to mercury occurs largely by the consumption of contaminated fish, but fish and shellfish are important sources of dietary protein and micronutrients, and a healthy fishing resource is important to the economy of the United States; (5) in many locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition; (6) existing broad-scale data sets are important but insufficient to track changes in mercury levels in the environment over time, test model predictions, and assess the impact of changing mercury emissions and deposition; and (7) a comprehensive national mercury monitoring network to accurately quantify regional and national changes in atmospheric mercury deposition, ecosystem contamination, and bioaccumulation of mercury in fish and wildlife in response to changes in mercury emissions would help policy makers, scientists, and the public to better understand the sources, consequences, and trends of mercury pollution in the United States. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Advisory committee The term Advisory Committee (3) Ancillary measure The term ancillary measure (4) Ecoregion The term ecoregion (5) Mercury export The term mercury export (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. (6) Mercury flux The term mercury flux (A) mass per unit of time; or (B) mass per unit of area of land or water per unit of time. (7) Program The term program (8) Surface sediment The term surface sediment 4. Monitoring program (a) Establishment (1) In general The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (2) Purpose The purpose of the program is to track— (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) mercury levels in watersheds, surface water, and fish and wildlife in terrestrial, freshwater, coastal, and marine ecosystems in response to changing mercury emissions over time. (3) Monitoring sites (A) In general In carrying out paragraph (1), not later than 1 year after the date of enactment of this Act and in coordination with the Advisory Committee, the Administrator shall select multiple monitoring sites representing multiple ecoregions and associated coastal waters of the United States. (B) Locations Locations of monitoring sites shall include— (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. (C) Colocation Monitoring sites shall be colocated with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (D) Monitoring protocols Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. (4) International cooperation To the maximum extent practicable, the program shall be compatible with similar international efforts, including the Arctic Monitoring and Assessment Programme, the Global Earth Observation System of Systems, and the monitoring associated with the effectiveness evaluation of the Minamata Convention on Mercury, adopted October 10, 2013 (TIAS 17–816), which entered into force on August 16, 2017. (5) Data collection and distribution Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish— (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the Internet; and (B) assurance and quality standards for the database under subparagraph (A). (b) Functions (1) In general Under the program, the Administrator, in consultation with the appropriate Federal agencies and the Advisory Committee, shall at a minimum carry out monitoring described in paragraphs (2) through (4) at the locations selected under subsection (a)(3). (2) Air and watersheds The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including— (A) the measurement and recording of wet mercury deposition; (B) an estimation of— (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. (3) Water and soil chemistry The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including— (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. (4) Aquatic and terrestrial organisms The program, in association with the United States Fish and Wildlife Service and the Inventory and Monitoring Division of the National Park Service, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in marine, freshwater, and terrestrial organisms, including— (A) measurement and recording of total mercury and methyl mercury concentrations in— (i) invertebrates; (ii) yearling or lower trophic level fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in— (i) selected insect- and fish-eating birds; and (ii) selected insect- and fish-eating mammals. 5. Advisory committee (a) Establishment The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a scientific advisory committee, to be known as the Mercury Monitoring Advisory Committee (b) Membership The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including— (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. 6. Reports and public disclosure (a) Reports Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (b) Assessment Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (c) Availability of data The Administrator shall make all data obtained under this Act available to the public through a dedicated website and on written request. 7. Authorization of appropriations There are authorized to be appropriated to carry out this Act— (1) $37,000,000 for fiscal year 2020; (2) $29,000,000 for fiscal year 2021; and (3) $29,000,000 for fiscal year 2022.

Comprehensive National Mercury Monitoring Act

Cider Investment and Development through Excise Tax Reduction (CIDER) Act - Amends the Internal Revenue to revise the definition of "hard cider," for purposes of the excise tax on distilled spirits, wines, and beer, to mean a wine: (1) the carbonation level of which does not exceed 6.4 grams per liter; (2) which is derived primarily from apples, apple juice concentrate, pears, or pear juice concentrate, and water; (3) which contains no fruit product or fruit flavoring other than apple or pear; and (4) which contains at least one-half of 1% and less than 8.5% alcohol by volume.

114 S1459 IS: Cider Investment and Development through Excise Tax Reduction (CIDER) Act U.S. Senate 2015-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1459 IN THE SENATE OF THE UNITED STATES May 22, 2015 Mr. Schumer Ms. Collins Mr. Leahy Mr. Merkley Mrs. Shaheen Mr. Manchin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the types of wines taxed as hard cider. 1. Short title This Act may be cited as the Cider Investment and Development through Excise Tax Reduction (CIDER) Act 2. Modification of definition of hard cider (a) In general Section 5041 (g) Hard cider For purposes of subsection (b)(6), the term hard cider (1) containing not more than 0.64 gram of carbon dioxide per hundred milliliters of wine, except that the Secretary may by regulations prescribe such tolerances to this limitation as may be reasonably necessary in good commercial practice, (2) which is derived primarily from— (A) apples, apple juice concentrate, pears, or pear juice concentrate, and (B) water, (3) which contains no fruit product or fruit flavoring other than apple or pear, and (4) which contains at least one-half of 1 percent and less than 8.5 percent alcohol by volume. . (b) Conforming amendment Paragraph (6) of section 5041(b) of such Code is amended by striking which is a still wine alcohol by volume (c) Effective date The amendments made by this section shall apply to articles removed during calendar years beginning after December 31, 2015.

Cider Investment and Development through Excise Tax Reduction (CIDER) Act

Stop Tax Haven Abuse Act - Authorizes the Secretary of the Treasury to impose restrictions on foreign jurisdictions or financial institutions operating in the United States that are of primary money laundering concern or that significantly impede U.S. tax enforcement. Amends the Internal Revenue Code to: expand reporting requirements for U.S. persons who hold an interest in a passive foreign investment company; establish a rebuttable presumption against the validity of transactions by institutions that do not comply with reporting requirements under the Foreign Account Tax Compliance Act; treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations for tax purposes; require tax withholding agents and financial institutions to report certain information about beneficial owners of foreign-owned financial accounts; treat swap payments sent offshore as taxable U.S. source income; and impose additional requirements for third party summonses used to obtain information in tax investigations that do not identify the person with respect to whose liability the summons is issued (i.e., John Doe summons). Amends the Securities Exchange Act of 1934 to: (1) require corporations registered with the Securities and Exchange Commission (SEC) to report annually, on a country-by country basis, on employees, gross revenues, payments made to governments, and other financial information; and (2) impose a fine for failure to disclose any holdings or transactions involving equity or debt instruments known to involve a foreign entity that would otherwise be subject to disclosure requirements. Makes investment advisers and persons engaged in forming new business entities subject to anti-money laundering requirements. Imposes new restrictions on U.S. corporations and other entities with foreign income with respect to: (1) tax deductions allocable to deferred foreign income, (2) the recalculation of foreign income taxes, (3) intangible property transferred overseas, (4) tax evasion activities by U.S. corporations reincorporating in a foreign country, and (5) loans to U.S. shareholders from controlled foreign corporations.

114 S174 IS: Stop Tax Haven Abuse 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. 174 IN THE SENATE OF THE UNITED STATES January 13, 2015 Mr. Whitehouse Mrs. Shaheen Committee on Finance A BILL To end offshore tax abuses, to preserve our national defense and protect American families and businesses from devastating cuts, and for other purposes. 1. Short title, etc (a) Short title This Act may be cited as the Stop Tax Haven Abuse Act (b) Amendment of 1986 code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title, etc. Title I—Deterring the use of tax havens for tax evasion Sec. 101. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcement. Sec. 102. Strengthening the Foreign Account Tax Compliance Act (FATCA). Sec. 103. Treatment of foreign corporations managed and controlled in the United States as domestic corporations. Sec. 104. Reporting United States beneficial owners of foreign owned financial accounts. Sec. 105. Swap payments made from the United States to persons offshore. Title II—Other measures To combat tax haven abuses Sec. 201. Country-by-country reporting. Sec. 202. Penalty for failing to disclose offshore holdings. Sec. 203. Deadline for anti-money laundering rule for investment advisers. Sec. 204. Anti-money laundering requirements for formation agents. Sec. 205. Strengthening John Doe summons proceedings. Sec. 206. Improving enforcement of foreign financial account reporting. Title III—Ending corporate offshore tax avoidance Sec. 301. Allocation of expenses and taxes on basis of repatriation of foreign income. Sec. 302. Excess income from transfers of intangibles to low-taxed affiliates treated as subpart F income. Sec. 303. Limitations on income shifting through intangible property transfers. Sec. 304. Repeal of check-the-box rules for certain foreign entities and CFC look-thru rules. Sec. 305. Restrictions on deduction for interest expense of members of financial reporting groups with excess domestic indebtedness. Title IV—Inverted Corporations Sec. 401. Modifications to rules relating to inverted corporations. I Deterring the use of tax havens for tax evasion 101. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcement Section 5318A of title 31, United States Code, is amended— (1) by striking the section heading and inserting the following: 5318A. Special measures for jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or significantly impede United States tax enforcement ; (2) in subsection (a), by striking the subsection heading and inserting the following: (a) Special measures To counter money laundering and efforts To significantly impede United States tax enforcement ; (3) in subsection (c)— (A) by striking the subsection heading and inserting the following: (c) Consultations and information To be considered in finding jurisdictions, institutions, types of accounts, or transactions To be of primary money laundering concern or To be significantly impeding United States tax enforcement ; and (B) by inserting at the end of paragraph (2) thereof the following new subparagraph: (C) Other considerations The fact that a jurisdiction or financial institution is cooperating with the United States on implementing the requirements specified in chapter 4 ; (4) in subsection (a)(1), by inserting or is significantly impeding United States tax enforcement primary money laundering concern (5) in subsection (a)(4)— (A) in subparagraph (A)— (i) by inserting in matters involving money laundering, shall consult (ii) by striking and (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) in matters involving United States tax enforcement, shall consult with the Commissioner of the Internal Revenue, the Secretary of State, the Attorney General of the United States, and in the sole discretion of the Secretary, such other agencies and interested parties as the Secretary may find to be appropriate; and ; (6) in each of paragraphs (1)(A), (2), (3), and (4) of subsection (b), by inserting or to be significantly impeding United States tax enforcement primary money laundering concern (7) in subsection (b), by striking paragraph (5) and inserting the following: (5) Prohibitions or conditions on opening or maintaining certain correspondent or payable-through accounts or authorizing certain payment cards If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, or 1 or more classes of transactions within or involving a jurisdiction outside of the United States to be of primary money laundering concern or to be significantly impeding United States tax enforcement, the Secretary, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon— (A) the opening or maintaining in the United States of a correspondent account or payable-through account; or (B) the authorization, approval, or use in the United States of a credit card, charge card, debit card, or similar credit or debit financial instrument by any domestic financial institution, financial agency, or credit card company or association, for or on behalf of a foreign banking institution, if such correspondent account, payable-through account, credit card, charge card, debit card, or similar credit or debit financial instrument, involves any such jurisdiction or institution, or if any such transaction may be conducted through such correspondent account, payable-through account, credit card, charge card, debit card, or similar credit or debit financial instrument. ; (8) in subsection (c)(1), by inserting or is significantly impeding United States tax enforcement primary money laundering concern (9) in subsection (c)(2)(A)— (A) in clause (ii), by striking bank secrecy or special regulatory advantages bank, tax, corporate, trust, or financial secrecy or regulatory advantages (B) in clause (iii), by striking supervisory and counter-money supervisory, international tax enforcement, and counter-money (C) in clause (v), by striking banking or secrecy banking, tax, or secrecy (D) in clause (vi), by inserting , tax treaty, or tax information exchange agreement treaty (10) in subsection (c)(2)(B)— (A) in clause (i), by inserting or tax evasion money laundering (B) in clause (iii), by inserting , tax evasion, money laundering (11) in subsection (d), by inserting involving money laundering, and shall notify, in writing, the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of any such action involving United States tax enforcement such action 102. Strengthening the Foreign Account Tax Compliance Act (FATCA) (a) Reporting activities with respect to passive foreign investment companies Section 1298(f) , or who directly or indirectly forms, transfers assets to, is a beneficiary of, has a beneficial interest in, or receives money or property or the use thereof from, shareholder of (b) Withholdable payments to foreign financial institutions Section 1471(d) (1) by inserting or transaction any depository (2) by striking or any interest derivatives, or any interest (including a futures or forward contract, swap, or option) in such securities, partnership interests, commodities, or derivatives. (c) Withholdable payments to other foreign financial institutions Section 1472 (1) by inserting as a result of any customer identification, anti-money laundering, anti-corruption, or similar obligation to identify account holders, reason to know, (2) by inserting as posing a low risk of tax evasion this subsection (d) Definitions Clauses (i) and (ii) of section 1473(2)(A) are each amended by inserting or as a beneficial owner indirectly (e) Special rules Section 1474(c) (1) by inserting , except that information provided under sections 1471(c) or 1472(b) may be disclosed to any Federal law enforcement agency, upon request or upon the initiation of the Secretary, to investigate or address a possible violation of United States law shall apply (2) by inserting , or has had an agreement terminated under such section, section 1471(b) (f) Information with respect to foreign financial assets Section 6038D(a) ownership or beneficial ownership holds any (g) Establishing presumptions for entities and transactions involving non-FATCA institutions (1) Presumptions for tax purposes (A) In general Chapter 76 F Presumptions for certain legal proceedings Sec. 7492. Presumptions pertaining to entities and transactions involving non-FATCA institutions. 7492. Presumptions pertaining to entities and transactions involving non-FATCA institutions (a) Control For purposes of any United States civil judicial or administrative proceeding to determine or collect tax, there shall be a rebuttable presumption that a United States person who, directly or indirectly, formed, transferred assets to, was a beneficiary of, had a beneficial interest in, or received money or property or the use thereof from an entity, including a trust, corporation, limited liability company, partnership, or foundation, that holds an account, or in any other manner has assets, in a non-FATCA institution, exercised control over such entity. The presumption of control created by this subsection shall not be applied to prevent the Secretary from determining or arguing the absence of control. (b) Transfers of income For purposes of any United States civil judicial or administrative proceeding to determine or collect tax, there shall be a rebuttable presumption that any amount or thing of value received by a United States person directly or indirectly from an account or from an entity that holds an account, or in any other manner has assets, in a non-FATCA institution, constitutes income of such person taxable in the year of receipt; and any amount or thing of value paid or transferred by or on behalf of a United States person directly or indirectly to an account, or entity that holds an account, or in any other manner has assets, in a non-FATCA institution, represents previously unreported income of such person taxable in the year of the transfer. (c) Rebutting the presumptions The presumptions established in this section may be rebutted only by clear and convincing evidence, including detailed documentary, testimonial, and transactional evidence, establishing that— (1) in subsection (a), such taxpayer exercised no control, directly or indirectly, over account or entity at the time in question, and (2) in subsection (b), such amounts or things of value did not represent income related to such United States person. Any court having jurisdiction of a civil proceeding in which control of such an offshore account or offshore entity or the income character of such receipts or amounts transferred is an issue shall prohibit the introduction by the taxpayer of any foreign based document that is not authenticated in open court by a person with knowledge of such document, or any other evidence supplied by a person outside the jurisdiction of a United States court, unless such person appears before the court. . (B) The table of subchapters for chapter 76 Subchapter F. Presumptions for certain legal proceedings . (2) Definition of non-fatca institution Section 7701(a) (51) Non-fatca institution The term non-FATCA institution . (3) Presumptions for securities law purposes Section 21 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u (j) Presumptions pertaining to control and beneficial ownership (1) Control For purposes of any civil judicial or administrative proceeding under this title, there shall be a rebuttable presumption that a United States person who, directly or indirectly, formed, transferred assets to, was a beneficiary of, had a beneficial interest in, or received money or property or the use thereof from an entity, including a trust, corporation, limited liability company, partnership, or foundation, that holds an account, or in any other manner has assets, in a non-FATCA institution (as defined in section 7701(a)(51) (2) Beneficial ownership For purposes of any civil judicial or administrative proceeding under this title, there shall be a rebuttable presumption that securities that are nominally owned by an entity, including a trust, corporation, limited liability company, partnership, or foundation, and that are held in a non-FATCA institution (as so defined), are beneficially owned by any United States person who directly or indirectly exercised control over such entity. The presumption of beneficial ownership created by this paragraph shall not be applied to prevent the Commission from determining or arguing the absence of beneficial ownership. . (4) Presumption for reporting purposes relating to foreign financial accounts Section 5314 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) Rebuttable presumption For purposes of this section, there shall be a rebuttable presumption that any account with a non-FATCA institution (as defined in section 7701(a)(51) . (5) Regulatory authority Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury and the Chairman of the Securities and Exchange Commission shall each adopt regulations or other guidance necessary to implement the amendments made by this subsection. The Secretary and the Chairman may, by regulation or guidance, provide that the presumption of control shall not extend to particular classes of transactions, such as corporate reorganizations or transactions below a specified dollar threshold, if either determines that applying such amendments to such transactions is not necessary to carry out the purposes of such amendments. (h) Effective date The amendments made by this section shall take effect on the date which is 180 days after the date of enactment of this Act, whether or not regulations are issued under subsection (g)(5). 103. Treatment of foreign corporations managed and controlled in the United States as domestic corporations (a) In general Section 7701 (p) Certain corporations managed and controlled in the United States treated as domestic for income tax (1) In general Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if— (A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but (B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. (2) Corporation described (A) In general A corporation is described in this paragraph if— (i) the stock of such corporation is regularly traded on an established securities market, or (ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. (B) General exception A corporation shall not be treated as described in this paragraph if— (i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, (ii) such corporation— (I) is not regularly traded on an established securities market, and (II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and (iii) the Secretary grants a waiver to such corporation under this subparagraph. (3) Management and control (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. (B) Executive officers and senior management Such regulations shall provide that— (i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and (ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). (C) Corporations primarily holding investment assets Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if— (i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and (ii) decisions about how to invest the assets are made in the United States. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) 104. Reporting United States beneficial owners of foreign owned financial accounts (a) In general Subpart B of part III of subchapter A of chapter 61 6045C. Returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity (a) Requirement of return If— (1) any withholding agent under sections 1441 and 1442 has the control, receipt, custody, disposal, or payment of any amount constituting gross income from sources within the United States of any foreign entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), and (2) such withholding agent determines for purposes of titles 14, 18, or 31 of the United States Code that a United States person has any beneficial interest in the foreign entity or in the account in such entity's name (hereafter in this section referred to as United States beneficial owner then the withholding agent shall make a return according to the forms or regulations prescribed by the Secretary. (b) Required information For purposes of subsection (a) the information required to be included on the return shall include— (1) the name, address, and, if known, the taxpayer identification number of the United States beneficial owner, (2) the known facts pertaining to the relationship of such United States beneficial owner to the foreign entity and the account, (3) the gross amount of income from sources within the United States (including gross proceeds from brokerage transactions), and (4) such other information as the Secretary may by forms or regulations provide. (c) Statements To Be furnished to beneficial owners with respect to whom information is required To Be reported A withholding agent required to make a return under subsection (a) shall furnish to each United States beneficial owner whose name is required to be set forth in such return a statement showing— (1) the name, address, and telephone number of the information contact of the person required to make such return, and (2) the information required to be shown on such return with respect to such United States beneficial owner. The written statement required under the preceding sentence shall be furnished to the United States beneficial owner on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. In the event the person filing such return does not have a current address for the United States beneficial owner, such written statement may be mailed to the address of the foreign entity. 6045D. Returns by financial institutions regarding establishment of accounts in non-FATCA institutions (a) Requirement of return Any financial institution directly or indirectly opening a bank, brokerage, or other financial account for or on behalf of an offshore entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), in a non-FATCA institution (as defined in section 7701(a)(51)) at the direction of, on behalf of, or for the benefit of a United States person shall make a return according to the forms or regulations prescribed by the Secretary. (b) Required information For purposes of subsection (a) the information required to be included on the return shall include— (1) the name, address, and taxpayer identification number of such United States person, (2) the name and address of the financial institution at which a financial account is opened, the type of account, the account number, the name under which the account was opened, and the amount of the initial deposit, (3) if the account is held in the name of an entity, the name and address of such entity, the type of entity, and the name and address of any company formation agent or other professional employed to form or acquire the entity, and (4) such other information as the Secretary may by forms or regulations provide. (c) Statements To be furnished to United States persons with respect to whom information is required To be reported A financial institution required to make a return under subsection (a) shall furnish to each United States person whose name is required to be set forth in such return a statement showing— (1) the name, address, and telephone number of the information contact of the person required to make such return, and (2) the information required to be shown on such return with respect to such United States person. The written statement required under the preceding sentence shall be furnished to such United States person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (d) Exemption The Secretary may by regulations exempt any class of United States persons or any class of accounts or entities from the requirements of this section if the Secretary determines that applying this section to such persons, accounts, or entities is not necessary to carry out the purposes of this section. . (b) Penalties (1) Returns Section 6724(d)(1)(B) or and (xxvi) section 6045C(a) (relating to returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity), or (xxvii) section 6045D(a) (relating to returns by financial institutions regarding establishment of accounts at non-FATCA institutions), and . (2) Payee statements Section 6724(d)(2) or (II) section 6045C(c) (relating to returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity), and (JJ) section 6045D(c) (relating to returns by financial institutions regarding establishment of accounts at non-FATCA institutions). . (c) Clerical amendment The table of sections for subpart B of part III of subchapter A of chapter 61 Sec. 6045C. Returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity. Sec. 6045D. Returns by financial institutions regarding establishment of accounts at non-FATCA institutions. . (d) Additional penalties (1) Additional penalties on banks Section 5239(b)(1) of the Revised Statutes of the United States ( 12 U.S.C. 93(b)(1) or any of the provisions of section 6045D any regulation issued pursuant to, (2) Additional penalties on securities firms Section 21(d)(3)(A) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(A) any of the provisions of section 6045D the rules or regulations thereunder, (e) Regulatory authority and effective date (1) Regulatory Authority Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall adopt regulations, forms, or other guidance necessary to implement this section. (2) Effective Date Section 6045C 105. Swap payments made from the United States to persons offshore (a) Tax on swap payments received by foreign persons Section 871(a)(1) (1) by inserting swap payments (as identified in section 1256(b)(2)(B)), annuities, (2) by adding at the end the following new sentence: In the case of swap payments, the source of a swap payment is determined by reference to the location of the payor. (b) Tax on swap payments received by foreign corporations Section 881(a) (1) by inserting swap payments (as identified in section 1256(b)(2)(B)), annuities, (2) by adding at the end the following new sentence: In the case of swap payments, the source of a swap payment is determined by reference to the location of the payor. II Other measures To combat tax haven abuses 201. Country-by-country reporting (a) Country-by-Country reporting Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m (s) Disclosure of financial performance on a country-by-Country basis (1) Rules required The Commission shall issue rules that require each issuer to include in an annual report filed by the issuer with the Commission information on a country-by-country basis during the covered period for each tax jurisdiction, aggregated from all subsidiaries residing in that jurisdiction, consisting of— (A) revenues from unrelated parties, related parties, and in total, (B) profit or loss before taxes, (C) income tax accrued for the current year, (D) income tax paid (on a cash basis), (E) stated capital, (F) accumulated earnings, (G) number of employees, (H) tangible assets other than cash or cash equivalents; and (I) such other financial information as the Commission may determine is necessary or appropriate in the public interest or for the protection of investors. (2) Rules relating to foreign subsidiary For each foreign subsidiary, the report required by paragraph (1) shall be grouped by resident jurisdiction (including a group for subsidiaries resident nowhere), the tax jurisdiction (if different), and main business activity. . (b) Rulemaking (1) Deadlines The Securities and Exchange Commission (in this section referred to as the Commission (A) not later than 270 days after the date of enactment of this Act, issue a proposed rule to carry out this section and the amendment made by this section; and (B) not later than 1 year after the date of enactment of this Act, issue a final rule to carry out this section and the amendment made by this section. (2) Data format The information required to be provided by this section shall be provided by the issuer in a report in a format prescribed by the Commission, and such report shall be made available to the public online, in such format as the Commission shall prescribe. (3) Effective date Subsection (s) of section 13 of the Securities Exchange Act of 1934, as added by this section, shall become effective 1 year after the date on which the Commission issues a final rule under this section. 202. Penalty for failing to disclose offshore holdings (a) Securities Exchange Act of 1934 Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) (iv) Fourth tier Notwithstanding clauses (i), (ii), and (iii), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (I) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (II) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (III) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . (b) Securities Act of 1933 Section 20(d)(2) of the Securities Act of 1933 ( 15 U.S.C. 77t(d)(2) (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (i) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (ii) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (iii) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . (c) Investment Advisers Act of 1940 Section 203(i)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(i)(2) (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (i) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (ii) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (iii) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . 203. Deadline for anti-money laundering rule for investment advisers (a) Anti-Money laundering obligations for investment advisers Section 5312(a)(2) of title 31, United States Code, is amended— (1) in subparagraph (Y), by striking or (2) by redesignating subparagraph (Z) as subparagraph (BB); and (3) by inserting after subparagraph (Y) the following: (Z) an investment adviser; . (b) Rules required The Secretary of the Treasury shall— (1) in consultation with the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission, not later than 180 days after the date of enactment of this Act, publish a proposed rule in the Federal Register to carry out the amendments made by this section; and (2) not later than 270 days after the date of enactment of this Act, publish a final rule in the Federal Register on the matter described in paragraph (1). (c) Contents The final rule published under this section shall require, at a minimum, each investment adviser (as defined in section 202(a)(11) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(11) 15 U.S.C. 80b–3 (1) to submit suspicious activity reports and establish an anti-money laundering program under subsections (g) and (h), respectively, of section 5318 of title 31, United States Code; and (2) to comply with— (A) the customer identification program requirements under section 5318(l) of title 31, United States Code; and (B) the due diligence requirements under section 5318(i) of title 31, United States Code. 204. Anti-money laundering requirements for formation agents (a) Anti-Money laundering obligations for formation agents Section 5312(a)(2) of title 31, United States Code, as amended by section 203 of this Act, is amended by inserting after subparagraph (Z) the following: (AA) any person engaged in the business of forming new corporations, limited liability companies, partnerships, trusts, or other legal entities; or . (b) Deadline for anti-Money laundering rule for formation agents (1) Proposed rule The Secretary of the Treasury, in consultation with the Attorney General of the United States, the Secretary of Homeland Security, and the Commissioner of Internal Revenue, shall— (A) not later than 120 days after the date of enactment of this Act, publish a proposed rule in the Federal Register requiring persons described in section 5312(a)(2)(AA) of title 31, United States Code, as added by this section, to establish anti-money laundering programs under section 5318(h) (B) not later than 270 days after the date of enactment of this Act, publish a final rule in the Federal Register on the matter described in subparagraph (A). (2) Exclusions The rule promulgated under this subsection shall exclude from the category of persons engaged in the business of forming new corporations or other entities— (A) any government agency; and (B) any attorney or law firm that uses a paid formation agent operating within the United States to form such corporations or other entities. 205. Strengthening John Doe summons proceedings (a) In general Subsection (f) of section 7609 (f) Additional requirement in the case of a John Doe summons (1) General Rule Any summons described in subsection (c)(1) which does not identify the person with respect to whose liability the summons is issued may be served only after a court proceeding in which the Secretary establishes that— (A) the summons relates to the investigation of a particular person or ascertainable group or class of persons, (B) there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with any provision of any internal revenue law, and (C) the information sought to be obtained from the examination of the records or testimony (and the identity of the person or persons with respect to whose liability the summons is issued) is not readily available from other sources. (2) Exception Paragraph (1) shall not apply to any summons which specifies that it is limited to information regarding a United States correspondent account (as defined in section 5318A(e)(1)(B) of title 31, United States Code) or a United States payable-through account (as defined in section 5318A(e)(1)(C) (3) Presumption in cases involving non-fatca institutions For purposes of this section, in any case in which the particular person or ascertainable group or class of persons have financial accounts in or transactions related to a non-FATCA institution (as defined in section 7701(a)(51)), there shall be a presumption that there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with provisions of internal revenue law. (4) Project John Doe summonses (A) In general Notwithstanding the requirements of paragraph (1), the Secretary may issue a summons described in paragraph (1) if the summons— (i) relates to a project which is approved under subparagraph (B), (ii) is issued to a person who is a member of the group or class established under subparagraph (B)(i), and (iii) is issued within 3 years of the date on which such project was approved under subparagraph (B). (B) Approval of projects A project may only be approved under this subparagraph after a court proceeding in which the Secretary establishes that— (i) any summons issued with respect to the project will be issued to a member of an ascertainable group or class of persons, and (ii) any summons issued with respect to such project will meet the requirements of paragraph (1). (C) Extension Upon application of the Secretary, the court may extend the time for issuing such summonses under subparagraph (A)(i) for additional 3-year periods, but only if the court continues to exercise oversight of such project under subparagraph (D). (D) Ongoing court oversight During any period in which the Secretary is authorized to issue summonses in relation to a project approved under subparagraph (B) (including during any extension under subparagraph (C)), the Secretary shall report annually to the court on the use of such authority, provide copies of all summonses with such report, and comply with the court's direction with respect to the issuance of any John Doe summons under such project. . (b) Jurisdiction of court (1) In general Paragraph (1) of section 7609(h) Any United States district court in which a member of the group or class to which a summons may be issued resides or is found shall have jurisdiction to hear and determine the approval of a project under subsection (f)(4)(B). (2) Conforming amendment The first sentence of section 7609(h)(1) (f) (f)(1) (c) Effective date The amendments made by this section shall apply to summonses issued after the date of the enactment of this Act. 206. Improving enforcement of foreign financial account reporting (a) Clarifying the connection of foreign financial account reporting to tax administration Paragraph (4) of section 6103(b) For purposes of subparagraph (A)(i), section 5314 of title 31, United States Code, and sections 5321 5322 . (b) Simplifying the calculation of foreign financial account reporting penalties Section 5321(a)(5)(D)(ii) of title 31, United States Code, is amended by striking the balance in the account at the time of the violation the highest balance in the account during the reporting period to which the violation relates (c) Clarifying the use of suspicious activity reports under the Bank Secrecy Act for civil tax law enforcement Section 5319 of title 31, United States Code, is amended by inserting the civil and criminal enforcement divisions of the Internal Revenue Service, including III Ending corporate offshore tax avoidance 301. Allocation of expenses and taxes on basis of repatriation of foreign income (a) In general Part III of subchapter N of chapter 1 H Special Rules for Allocation of Foreign-Related Deductions and Foreign Tax Credits Sec. 975. Deductions allocated to deferred foreign income may not offset United States source income. Sec. 976. Amount of foreign taxes computed on overall basis. Sec. 977. Application of subpart. 975. Deductions allocated to deferred foreign income may not offset United States source income (a) Current year deductions For purposes of this chapter, foreign-related deductions for any taxable year— (1) shall be taken into account for such taxable year only to the extent that such deductions are allocable to currently-taxed foreign income, and (2) to the extent not so allowed, shall be taken into account in subsequent taxable years as provided in subsection (b). Foreign-related deductions shall be allocated to currently-taxed foreign income in the same proportion which currently-taxed foreign income bears to the sum of currently-taxed foreign income and deferred foreign income. (b) Deductions related to repatriated deferred foreign income (1) In general If there is repatriated foreign income for a taxable year, the portion of the previously deferred deductions allocated to the repatriated foreign income shall be taken into account for the taxable year as a deduction allocated to income from sources outside the United States. Any such amount shall not be included in foreign-related deductions for purposes of applying subsection (a) to such taxable year. (2) Portion of previously deferred deductions For purposes of paragraph (1), the portion of the previously deferred deductions allocated to repatriated foreign income is— (A) the amount which bears the same proportion to such deductions, as (B) the repatriated income bears to the previously deferred foreign income. (c) Definitions and special rule For purposes of this section— (1) Foreign-related deductions The term foreign-related deductions (2) Currently-taxed foreign income The term currently-taxed foreign income (3) Deferred foreign income The term deferred foreign income (A) the amount that would be includible in gross income under subpart F of this part for the taxable year if— (i) all controlled foreign corporations were treated as one controlled foreign corporation, and (ii) all earnings and profits of all controlled foreign corporations were subpart F income (as defined in section 952), over (B) the sum of— (i) all dividends received during the taxable year from controlled foreign corporations, plus (ii) amounts includible in gross income under section 951(a). (4) Previously deferred foreign income The term previously deferred foreign income (5) Repatriated foreign income The term repatriated foreign income (6) Previously deferred deductions The term previously deferred deductions (7) Treatment of certain foreign taxes (A) Paid by controlled foreign corporation Section 78 shall not apply for purposes of determining currently-taxed foreign income and deferred foreign income. (B) Paid by taxpayer For purposes of determining currently-taxed foreign income, gross income from sources without the United States shall be reduced by the aggregate amount of taxes described in the applicable paragraph of section 901(b) which are paid by the taxpayer (without regard to sections 902 and 960) during the taxable year. (8) Coordination with section 976 In determining currently-taxed foreign income and deferred foreign income, the amount of deemed foreign tax credits shall be determined with regard to section 976. 976. Amount of foreign taxes computed on overall basis (a) Current year allowance For purposes of this chapter, the amount taken into account as foreign income taxes for any taxable year shall be an amount which bears the same ratio to the total foreign income taxes for that taxable year as— (1) the currently-taxed foreign income for such taxable year, bears to (2) the sum of the currently-taxed foreign income and deferred foreign income for such year. The portion of the total foreign income taxes for any taxable year not taken into account under the preceding sentence for a taxable year shall only be taken into account as provided in subsection (b) (and shall not be taken into account for purposes of applying sections 902 and 960). (b) Allowance related to repatriated deferred foreign income (1) In general If there is repatriated foreign income for any taxable year, the portion of the previously deferred foreign income taxes paid or accrued during such taxable year shall be taken into account for the taxable year as foreign taxes paid or accrued. Any such taxes so taken into account shall not be included in foreign income taxes for purposes of applying subsection (a) to such taxable year. (2) Portion of previously deferred foreign income taxes For purposes of paragraph (1), the portion of the previously deferred foreign income taxes allocated to repatriated deferred foreign income is— (A) the amount which bears the same proportion to such taxes, as (B) the repatriated deferred income bears to the previously deferred foreign income. (c) Definitions and special rule For purposes of this section— (1) Previously deferred foreign income taxes The term previously deferred foreign income taxes (2) Total foreign income taxes The term total foreign income taxes (A) all controlled foreign corporations were treated as one controlled foreign corporation, and (B) all earnings and profits of all controlled foreign corporations were subpart F income (as defined in section 952). (3) Foreign income taxes The term foreign income taxes (4) Currently-taxed foreign income and deferred foreign income The terms currently-taxed foreign income deferred foreign income 977. Application of subpart This subpart— (1) shall be applied before subpart A, and (2) shall be applied separately with respect to the categories of income specified in section 904(d)(1). . (b) Clerical amendment The table of subparts for part III of subpart N of chapter 1 Subpart H. Special Rules for Allocation of Foreign-Related Deductions and Foreign Tax Credits . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 302. Excess income from transfers of intangibles to low-taxed affiliates treated as subpart F income (a) In general Subsection (a) of section 954 (4) the foreign base company excess intangible income for the taxable year (determined under subsection (f) and reduced as provided in subsection (b)(5)), and . (b) Foreign base company excess intangible income Section 954 (f) Foreign base company excess intangible income For purposes of subsection (a)(4) and this subsection: (1) Foreign base company excess intangible income defined (A) In general The term foreign base company excess intangible income (i) the sum of— (I) gross income from the sale, lease, license, or other disposition of property in which such covered intangible is used directly or indirectly, and (II) gross income from the provision of services related to such covered intangible or in connection with property in which such covered intangible is used directly or indirectly, over (ii) 150 percent of the costs properly allocated and apportioned to the gross income taken into account under clause (i) other than expenses for interest and taxes and any expenses which are not directly allocable to such gross income. (B) Same country income not taken into account If— (i) the sale, lease, license, or other disposition of the property referred to in subparagraph (A)(i)(I) is for use, consumption, or disposition in the country under the laws of which the controlled foreign corporation is created or organized, or (ii) the services referred to in subparagraph (A)(i)(II) are performed in such country, the gross income from such sale, lease, license, or other disposition, or provision of services, shall not be taken into account under subparagraph (A)(i). (2) Exception based on effective foreign income tax rate (A) In general Foreign base company excess intangible income shall not include the applicable percentage of any item of income received by a controlled foreign corporation if the taxpayer establishes to the satisfaction of the Secretary that such income was subject to an effective rate of income tax imposed by a foreign country in excess of 5 percent. (B) Applicable percentage For purposes of subparagraph (A), the term applicable percentage (i) the number of percentage points by which the effective rate of income tax referred to in subparagraph (A) exceeds 5 percentage points, over (ii) 10 percentage points. (C) Treatment of losses in determining effective rate of foreign income tax For purposes of determining the effective rate of income tax imposed by any foreign country— (i) such effective rate shall be determined without regard to any losses carried to the relevant taxable year, and (ii) to the extent the income with respect to such intangible reduces losses in the relevant taxable year, such effective rate shall be treated as being the effective rate which would have been imposed on such income without regard to such losses. (3) Covered intangible The term covered intangible (A) which is sold, leased, licensed, or otherwise transferred (directly or indirectly) to such controlled foreign corporation from a related person, or (B) with respect to which such controlled foreign corporation and one or more related persons has (directly or indirectly) entered into any shared risk or development agreement (including any cost sharing agreement). (4) Related person The term related person . (c) Separate basket for foreign tax credit Subsection (d) of section 904 (7) Separate application to foreign base company excess intangible income (A) In general Subsections (a), (b), and (c) of this section and sections 902, 907, and 960 shall be applied separately with respect to each item of income which is taken into account under section 954(a)(4) as foreign base company excess intangible income. (B) Regulations The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which provides that related items of income may be aggregated for purposes of this paragraph. . (d) Conforming amendments (1) Paragraph (4) of section 954(b) foreign base company excess intangible income described in subsection (a)(4) or foreign base company oil-related income (2) Subsection (b) of section 954 (7) Foreign base company excess intangible income not treated as another kind of base company income Income of a corporation which is foreign base company excess intangible income shall not be considered foreign base company income of such corporation under paragraph (2), (3), or (5) of subsection (a). . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 303. Limitations on income shifting through intangible property transfers (a) Clarification of definition of intangible asset Clause (vi) of section 936(h)(3)(B) (including any section 197 intangible described in subparagraph (A), (B), or (C)(i) of subsection (d)(1) of such section) item (b) Clarification of allowable valuation methods (1) Foreign corporations Paragraph (2) of section 367(d) (D) Regulatory authority For purposes of the last sentence of subparagraph (A), the Secretary may require— (i) the valuation of transfers of intangible property on an aggregate basis, or (ii) the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, in any case in which the Secretary determines that such basis is the most reliable means of valuation of such transfers. . (2) Allocation among taxpayers Section 482 For purposes of the preceding sentence, the Secretary may require the valuation of transfers of intangible property on an aggregate basis or the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, in any case in which the Secretary determines that such basis is the most reliable means of valuation of such transfers. (c) Effective date (1) In general The amendments made by this section shall apply to transfers in taxable years beginning after the date of the enactment of this Act. (2) No inference Nothing in the amendment made by subsection (a) shall be construed to create any inference with respect to the application of section 936(h)(3) 304. Repeal of check-the-box rules for certain foreign entities and CFC look-thru rules (a) Check-the-Box rules Paragraph (3) of section 7701(a) (1) by striking and (2) by inserting after insurance companies , and any foreign business entity that— (A) has a single owner that does not have limited liability, or (B) has one or more members all of which have limited liability . (b) Look-Thru rule Subparagraph (C) of section 954(c)(6) (C) Termination Subparagraph (A) shall not apply to dividends, interest, rents, and royalties received or accrued after the date of the enactment of the Stop Tax Haven Abuse Act . (c) Effective date (1) The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to payments received after the date of the enactment of this Act. 305. Restrictions on deduction for interest expense of members of financial reporting groups with excess domestic indebtedness (a) In general Section 163 (n) Restriction on deduction for interest expense of members of financial reporting groups with excess domestic indebtedness (1) In general In the case of any corporation which is a member of an applicable financial reporting group the common parent of which is a foreign corporation, the deduction allowed under this chapter for interest paid or accrued by the corporation during the taxable year shall not exceed the applicable limitation for the taxable year. (2) Carryforward Any amount disallowed under paragraph (1) for any taxable year shall be treated as interest paid or accrued in the succeeding taxable year. (3) Applicable limitation For purposes of this subsection— (A) In general The applicable limitation with respect to a taxpayer for any taxable year is the sum of— (i) the greater of— (I) the taxpayer’s allocable share of the applicable financial reporting group’s net interest expense for the taxable year, or (II) 10 percent of the taxpayer’s adjusted taxable income for the taxable year, plus (ii) the excess limitation car­ry­for­wards to the taxable year from any preceding taxable year. (B) Limitation not less than includible interest The applicable limitation under subparagraph (A) for any taxable year shall not be less than the amount of interest includible in the gross income of the taxpayer for the taxable year. (C) Excess limitation carryforward If the applicable limitation of a taxpayer for any taxable year (determined without regard to carryforwards under subparagraph (A)(ii)) exceeds the interest paid or accrued by the taxpayer during the taxable year, such excess shall be an excess limitation carryforward to the 1st succeeding taxable year and the 2nd and 3rd succeeding taxable years to the extent not previously taken into account under this paragraph. (4) Allocable share of net interest expense For purposes of this subsection— (A) In general A taxpayer’s allocable share of an applicable financial reporting group’s net interest expense for any taxable year shall be the amount (not less than zero) which bears the same ratio to such net interest expense as— (i) the net earnings of the taxpayer, bears to (ii) the aggregate net earnings of all members of the applicable financial reporting group. (B) Net earnings The term net earnings (i) computed without regard to any reduction allowable for— (I) net interest expense, (II) taxes, or (III) depreciation, amortization, or depletion, and (ii) computed with such other adjustments as the Secretary may by regulations prescribe. (C) Burden on taxpayer If a taxpayer elects not to compute its allocable share, or fails to establish to the satisfaction of the Secretary the amount of its allocable share, for any taxable year, the allocable share shall be zero. (5) Net interest expense and net earnings determinations For purposes of this subsection— (A) Net interest expense Any determination of net interest expense for any taxable year shall be made— (i) on the basis of the applicable financial statement of the applicable financial reporting group for the last financial reporting year ending with or within the taxable year, and (ii) under United States tax principles. (B) Net earnings Any determination of net earnings for any taxable year shall be made on the basis of the applicable financial statement of the applicable financial reporting group for the last financial reporting year ending with or within the taxable year. (C) Applicable financial statement The term applicable financial statement (i) generally accepted accounting principles, (ii) international financial reporting standards, or (iii) any other method specified by the Secretary in regulations. A statement under clause (ii) or (iii) may be used as an applicable financial statement by a group only if there is no statement of the group under any preceding clause. (6) Applicable financial reporting group For purposes of this subsection— (A) In general The term applicable financial reporting group (B) Exception for groups with minimal domestic net interest expense Such term shall not include a group if the aggregate net interest expense for which a deduction is allowable to all members of the group under this chapter (determined without regard to this subsection or any other limitation on deductibility of interest under this chapter) is less than $5,000,000. (C) Exception for certain financial entities A corporation which is described in section 864(f)(4)(B), or is treated as described in section 864(f)(4)(B) by reason of paragraph (4)(C) or (5)(A) of section 864(f) (without regard to whether an election is made under such paragraph (5)(A)), shall not be treated as a member of an applicable financial reporting group of which it is otherwise a member and this subsection shall not apply to such corporation. (7) Other definitions and rules For purposes of this subsection— (A) Adjusted taxable income The term adjusted taxable income (B) Net interest expense The term net interest expense (C) Treatment of affiliated group All members of the same affiliated group (within the meaning of section 1504(a)) shall be treated as 1 taxpayer. (8) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations providing— (A) for the coordination of the application of this subsection and other provisions of this chapter relating to the deductibility of interest, (B) for the waiver of certain adjustments required under United States tax principles in appropriate cases for purposes of applying this subsection, (C) for the determination of which financial institutions are eligible for the exception from membership in an applicable financial reporting group under paragraph (6)(C) and the application of this subsection to the other members of the group which are not so excepted, and (D) for the application of this subsection in the case of pass thru entities and for the treatment of pass thru entities as corporations in cases where necessary to prevent the avoidance of the purposes of this subsection. . (b) Coordination with limitation on related party indebtedness Paragraph (2) of section 163(j) (D) Coordination with limitation on excess domestic indebtedness This subsection shall not apply to any corporation for any taxable year to which subsection (n) applies to such corporation. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. IV Inverted Corporations 401. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent 60 percent (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities (4) Management and control For purposes of paragraph (2)(B)(ii)— (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (B) Executive officers and senior management Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. (5) Significant domestic business activities For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (A) the employees of the group are based in the United States, (B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, (C) the assets of the group are located in the United States, or (D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country relevant foreign country the United States . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) after March 4, 2003, after March 4, 2003, and before May 9, 2014, (2) Subsection (c) of section 7874 (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B)(i) (ii) by inserting or (b)(2)(A) (a)(2)(B)(i) (B) in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, (a)(2)(B)(ii) (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B)(i) (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, surrogate foreign corporation (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014.

Stop Tax Haven Abuse Act

Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act. Amends the federal criminal code to: (1) impose liability on any person who aids, abets, or conspires with a person who commits an act of international terrorism that is committed, planned, or authorized by a designated foreign terrorist organization and that injures a U.S. national; and (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism. Grants U.S. district courts personal jurisdiction, to the maximum extent permissible under the Fifth Amendment, over any person who commits or aids and abets an act of international terrorism, or who otherwise sponsors such act or the person who committed such an act, that injures a U.S. national. Makes this Act applicable to any civil action: (1) pending on, or commenced on or after, this Act's enactment date; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

113 S1535 ES: Justice Against Sponsors of Terrorism 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. 1535 IN THE SENATE OF THE UNITED STATES AN ACT To deter terrorism, provide justice for victims, and for other purposes. 1. Short title This Act may be cited as the Justice Against Sponsors of Terrorism Act 2. Findings and purpose (a) Findings Congress finds the following: (1) International terrorism is a serious and deadly problem that threatens the vital interests of the United States. (2) The Constitution confers upon Congress the power to punish crimes against the law of nations and therefore Congress may by law impose penalties on those who provide material support to foreign organizations engaged in terrorist activity, and allow for victims of international terrorism to recover damages from those who have harmed them. (3) International terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States. (4) Some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds outside of the United States for conduct directed and targeted at the United States. (5) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.). (6) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Anti-Terrorism Act of 1987 ( 22 U.S.C. 5201 et seq. (7) The United Nations Security Council declared in Resolution 1373, adopted on September 28, 2001, that all countries have an affirmative obligation to “[r]efrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts,” and to [e]nsure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice (8) Consistent with these declarations, no country has the discretion to engage knowingly in the financing or sponsorship of terrorism, whether directly or indirectly. (9) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of terrorism that threaten the security of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct their conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for such activities. (10) The United States has a vital interest in providing persons and entities injured as a result of terrorist attacks committed within the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States. 3. Foreign sovereign immunity Section 1605(a) of title 28, United States Code, is amended— (1) by amending paragraph (5) to read as follows: (5) not otherwise encompassed in paragraph (2), in which money damages are sought against a foreign state arising out of physical injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of the office or employment of the official or employee (regardless of where the underlying tortious act or omission occurs), including any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act, except this paragraph shall not apply to— (A) any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function, regardless of whether the discretion is abused; or (B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, interference with contract rights, or any claim for emotional distress or derivative injury suffered as a result of an event or injury to another person that occurs outside of the United States; or ; and (2) by inserting after subsection (d) the following: (e) Definitions For purposes of subsection (a)(5)— (1) the terms aircraft sabotage extrajudicial killing hostage taking material support or resources (2) the term terrorism . 4. Aiding and abetting liability for civil actions regarding terrorist acts (a) In general Section 2333 of title 18, United States Code, is amended by adding at the end the following: (d) Liability In an action under subsection (a) for an injury arising from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 . (b) Effect on Foreign Sovereign Immunities Act Nothing in the amendments made by this section affects immunity of a foreign state, as that term is defined in section 1603 5. Personal jurisdiction for civil actions regarding terrorist acts Section 2334 (e) Personal jurisdiction The district courts shall have personal jurisdiction, to the maximum extent permissible under the 5th Amendment to the Constitution of the United States, over any person who commits or aids and abets an act of international terrorism or otherwise sponsors such act or the person who committed such act, for acts of international terrorism in which any national of the United States suffers injury in his or her person, property, or business by reason of such an act in violation of section 2333. . 6. Liability for Government officials in civil actions regarding terrorist acts Section 2337 2337. Suits against Government officials No action may be maintained under section 2333 against— (1) the United States; (2) an agency of the United States; or (3) an officer or employee of the United States or any agency of the United States acting within the official capacity of the officer or employee or under color of legal authority. . 7. Severability If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding. 8. Effective Date The amendments made by this Act shall apply to any civil action— (1) pending on, or commenced on or after, the date of enactment of this Act; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001. Passed the Senate December 11, 2014. Secretary

Justice Against Sponsors of Terrorism Act

FIX Credit Reporting Errors Act or the FIX Act - Amends the Fair Credit Reporting Act with respect to the procedures followed by consumer reporting agencies when a consumer disputes the completeness or accuracy of information contained in the consumer's credit report. Requires consumer reporting agencies to: (1) expand the dispute notification furnished to any person who provided disputed information to include all documentation provided by the consumer, and (2) consider such consumer documentation when conducting reinvestigations of disputed information. Directs a consumer reporting agency that operates as reseller, if it receives notice from a consumer of a dispute concerning a report that the reseller produced but the reseller determines that the information is not incomplete or inaccurate as a result of an act or omission of the reseller, to convey the notice of the dispute, together with all relevant information and documentation provided by the consumer, to each consumer reporting agency that provided the reseller with the information that is the subject of the dispute.

114 S1234 IS: FIX Credit Reporting Errors Act U.S. Senate 2015-05-06 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. 1234 IN THE SENATE OF THE UNITED STATES May 6, 2015 Ms. Klobuchar Mr. Daines Committee on Banking, Housing, and Urban Affairs A BILL To enhance consumer rights relating to consumer report disputes by requiring provision of documentation provided by consumers. 1. Short title This Act may be cited as the FIX Credit Reporting Errors Act FIX Act 2. Provision of documentation provided by consumers Section 611 of the Fair Credit Reporting Act ( 15 U.S.C. 1681i (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting , including documentation provided by the consumer, relevant information (ii) in subparagraph (B), by inserting , including documentation provided by the consumer, relevant information (B) in paragraph (4), by inserting , including documentation, relevant information (2) in subsection (f)(2)(B)(ii), by inserting , including documentation, relevant information

FIX Credit Reporting Errors Act

Ensuring Pay for Our Military Act - Requires the Secretary of the Treasury, during a funding gap impacting the Armed Forces, to make available to the Secretary of Defense (DOD), and the Secretary of Homeland Security (DHS) in the case of the Coast Guard, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as necessary to continue to provide pay and allowances to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components, who perform active service during the funding gap. Allows for the provision of such pay and allowances, at the discretion of the DOD Secretary, to: (1) DOD civilian personnel providing support to such members, and (2) DOD contractor personnel providing direct support to such members. Defines "funding gap" as any period after the beginning of a fiscal year for which interim or full-year appropriations for the personnel accounts of the Armed Forces for that fiscal year have not been enacted.

114 S103 IS: Ensuring Pay for Our Military 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. 103 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Heller Committee on Appropriations A BILL To appropriate such funds as may be necessary to ensure that members of the Armed Forces, including reserve components thereof, and supporting civilian and contractor personnel continue to receive pay and allowances for active service performed when a funding gap caused by the failure to enact interim or full-year appropriations for the Armed Forces occurs, which results in the furlough of non-emergency personnel and the curtailment of Government activities and services. 1. Short title This Act may be cited as the Ensuring Pay for Our Military Act 2. Emergency appropriation of funds to provide pay and allowances for members of the Armed Forces and supporting civilian and contractor personnel during funding gap impacting the Department of Defense or Department of Homeland Security (a) Appropriation of funds for military pay and allowances During a funding gap impacting the Armed Forces, the Secretary of the Treasury shall make available to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard), out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to the following: (1) Members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the funding gap. (2) At the discretion of the Secretary of Defense, such civilian personnel of the Department of Defense who are providing support to the members of the Armed Forces described in paragraph (1) as the Secretary considers appropriate. (3) At the discretion of the Secretary of Defense, such personnel of contractors of the Department of Defense who are providing direct support to the members of the Armed Forces described in paragraph (1) as the Secretary considers appropriate. (b) Funding gap defined In this section, the term funding gap

Ensuring Pay for Our Military Act

Battlefield Excellence through Superior Training Practices Act or the BEST Practices Act - Requires the Secretary of Defense (DOD), no later than: (1) October 1, 2016, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat trauma injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2018, to use only use human-based training methods for such purposes. Prohibits the use of animals in such training after the latter date. Provides an exception when the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods. Requires an annual report from the Secretary to the congressional defense committees on the development and implementation of the human-based training methods, as well as any exceptions implemented.

114 S587 IS: BEST Practices 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. 587 IN THE SENATE OF THE UNITED STATES February 26, 2015 Mr. Wyden Mr. Peters Committee on Armed Services A BILL To amend title 10, United States Code, to require the Secretary of Defense to use only human-based methods for training members of the Armed Forces in the treatment of severe combat injuries, and for other purposes. 1. Short title This Act may be cited as the Battlefield Excellence through Superior Training Practices Act BEST Practices Act 2. Findings Congress makes the following findings: (1) The Department of Defense has made impressive strides in the development and use of methods of medical training and troop protection, such as the use of tourniquets and improvements in body armor, that have led to decreased battlefield fatalities. (2) The Department of Defense uses more than 8,500 live animals each year to train physicians, medics, corpsmen, and other personnel methods of responding to severe battlefield injuries. (3) The civilian sector has almost exclusively phased in the use of superior human-based training methods for numerous medical procedures currently taught in military courses using animals. (4) Human-based medical training methods such as simulators replicate human anatomy and can allow for repetitive practice and data collection. (5) According to scientific, peer-reviewed literature, medical simulation increases patient safety and decreases errors by healthcare providers. (6) The Army Research, Development and Engineering Command and other entities of the Department of Defense have taken significant steps to develop methods to replace live animal-based training. (7) According to the report by the Department of Defense titled Final Report on the use of Live Animals in Medical Education and Training Joint Analysis Team (A) validated, high-fidelity simulators were to have been available for nearly every high-volume or high-value battlefield medical procedure by the end of 2011, and many were available as of 2009; and (B) validated, high-fidelity simulators were to have been available to teach all other procedures to respond to common battlefield injuries by 2014. (8) The Center for Sustainment of Trauma and Readiness Skills of the Air Force exclusively uses human-based training methods in its courses and does not use animals. (9) In 2013, the Army instituted a policy forbidding non-medical personnel from participating in training courses involving the use of animals. (10) In 2013, the medical school of the Department of Defense, part of the Uniformed Services University of the Health Sciences, replaced animal use within its medical student curriculum. (11) The Coast Guard announced in 2014 that it would reduce by half the number of animals it uses for combat trauma training courses but stated that animals would continue to be used in courses designed for Department of Defense personnel. (12) Effective January 1, 2015, the Department of Defense replaced animal use in six areas of medical training, including Advanced Trauma Life Support courses and the development and maintenance of surgical and critical care skills for field operational surgery and field assessment and skills tests for international students offered at the Defense Institute of Medical Operations. 3. Requirement to use human-based methods for certain medical training (a) In general Chapter 101 2017. Use of human-based methods for certain medical training (a) Combat trauma injuries (1) Not later than October 1, 2018, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the Armed Forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods. (2) Not later than October 1, 2020, the Secretary— (A) shall only use human-based training methods for the purpose of training members of the Armed Forces in the treatment of combat trauma injuries; and (B) may not use animals for such purpose. (b) Exception for particular commands and training methods (1) The Secretary may exempt a particular command, particular training method, or both, from the requirement for human-based training methods under subsection (a)(2) if the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods for such command or training method, as the case may be. (2) Any exemption under this subsection shall be for such period, not more than one year, as the Secretary shall specify in granting the exemption. Any exemption may be renewed (subject to the preceding sentence). (c) Annual reports (1) Not later than October 1, 2016, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purpose of training members of the Armed Forces in the treatment of combat trauma injuries under this section. (2) Each report under this subsection on or after October 1, 2020, shall include a description of any exemption under subsection (b) that is in force as the time of such report, and a current justification for such exemption. (d) Definitions In this section: (1) The term combat trauma injuries (A) hemorrhage; (B) tension pneumothorax; (C) amputation resulting from blast injury; (D) compromises to the airway; and (E) other injuries. (2) The term human-based training methods (A) simulators; (B) partial task trainers; (C) moulage; (D) simulated combat environments; (E) human cadavers; and (F) rotations in civilian and military trauma centers. (3) The term partial task trainers . (b) Clerical amendment The table of sections at the beginning of chapter 101 of such title is amended by adding at the end the following new item: 2017. Use of human-based methods for certain medical training. .

BEST Practices Act

Protecting Students from Sexual and Violent Predators Act - Requires states that receive funds under the Elementary and Secondary Education Act of 1965 (ESEA) to: require criminal background checks for each school employee that include searches of the criminal registry or repository of the state in which the employee resides, the child abuse and neglect registries and databases of that state, the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI), and the National Sex Offender Registry; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified felonies or of a violent or sexual crime against a minor; require background checks to be periodically repeated or updated in accordance with state law or the policies of the state's local educational agencies (LEAs); provide school employees who have had a background check with a copy of the background check if they request one and a timely process to appeal the results of the background check if it blocks their service as a school employee; ensure that such policies and procedures are published on state and LEA websites; and allow an LEA to share the results of a recent background check on a school employee with another LEA that is considering that individual for employment. Prohibits states and LEAs from knowingly transferring or facilitating the transfer of any school employee if they know, or have substantive reason to believe, that such employee engaged in sexual misconduct with an elementary or secondary school student. Allows: (1) the Attorney General and state law enforcement officials to charge reasonable fees for conducting the background checks, and (2) states and LEAs to use ESEA administrative funds to pay such fees.

114 S474 IS: Protecting Students from Sexual and Violent Predators 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. 474 IN THE SENATE OF THE UNITED STATES February 12, 2015 Mr. Toomey Mr. Manchin Mrs. Capito Committee on Health, Education, Labor, and Pensions A BILL To require State educational agencies that receive funding under the Elementary and Secondary Education Act of 1965 to have in effect policies and procedures on background checks for school employees. 1. Short title This Act may be cited as the Protecting Students from Sexual and Violent Predators Act 2. Background checks (a) Background checks Not later than 2 years after the date of enactment of this Act, each State educational agency that receives funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) require that a criminal background check be conducted for each school employee that includes— (A) a search of the State criminal registry or repository of the State in which the school employee resides; (B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16919 (2) prohibit the employment of a school employee as a school employee if such employee— (A) refuses to consent to a criminal background check under paragraph (1); (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; or (viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or (D) has been convicted of any other crime that is a violent or sexual crime against a minor; (3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with State law or the policies of local educational agencies served by the State educational agency; (4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check; (5) provide for a timely process, by which a school employee may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to— (A) challenge the accuracy or completeness of the information produced by such criminal background check; and (B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; (6) ensure that such policies and procedures are published on the website of the State educational agency and the website of each local educational agency served by the State educational agency; and (7) allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. (b) Transfer prohibition A local educational agency or State educational agency that receives funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (c) Fees for background checks (1) Charging of fees The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1). (2) Administrative funds A local educational agency or State educational agency may use administrative funds received under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (d) Definitions In this Act: (1) In general The terms elementary school secondary school local educational agency State State educational agency 20 U.S.C. 7801 (2) School employee The term school employee (A) a person who— (i) is an employee of, or is seeking employment with, a local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or (B) (i) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school, secondary school, local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

Protecting Students from Sexual and Violent Predators Act

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Gun Lake Trust Land Reaffirmation Act - Ratifies and confirms the actions of the Secretary of the Interior in taking specified land into trust for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatami Indians. Reaffirms that land as trust land. Prohibits an action relating to that land from being filed or maintained in a federal court.

S1603 ENR: Gun Lake Trust Land Reaffirmation 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. 1603 IN THE SENATE OF THE UNITED STATES AN ACT To reaffirm that certain land has been taken into trust for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatami Indians, and for other purposes. 1. Short title This Act may be cited as the Gun Lake Trust Land Reaffirmation Act 2. Reaffirmation of Indian trust land (a) In general The land taken into trust by the United States for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians and described in the final Notice of Determination of the Department of the Interior (70 Fed. Reg. 25596 (May 13, 2005)) is reaffirmed as trust land, and the actions of the Secretary of the Interior in taking that land into trust are ratified and confirmed. (b) No claims Notwithstanding any other provision of law, an action (including an action pending in a Federal court as of the date of enactment of this Act) relating to the land described in subsection (a) shall not be filed or maintained in a Federal court and shall be promptly dismissed. (c) Retention of future rights Nothing in this Act alters or diminishes the right of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians from seeking to have any additional land taken into trust by the United States for the benefit of the Band. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Gun Lake Trust Land Reaffirmation Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Little Shell Tribe of Chippewa Indians Restoration Act of 2013 - Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. Makes the Tribe and each member eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near an Indian reservation. Considers the federal service area of the Tribe to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties, Montana. Directs the Tribe, as a condition of receiving recognition, services, and benefits pursuant to this Act, to submit to the Secretary of the Interior a membership roll consisting of the name of each individual enrolled as a member of the Tribe. Requires the Tribe to maintain such membership roll. Directs the Secretary to acquire, for the benefit of the Tribe, trust title to 200 acres of land within the Tribe's service area to be used for a tribal land base. Authorizes the Secretary to acquire additional land for the benefit of the Tribe pursuant to the Indian Reorganization Act.

113 S161 RS: Little Shell Tribe of Chippewa Indians Restoration Act of 2013 U.S. Senate 2013-01-28 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. 347 113th CONGRESS 2d Session S. 161 IN THE SENATE OF THE UNITED STATES January 28, 2013 Mr. Tester Mr. Baucus Mr. Walsh Committee on Indian Affairs April 3, 2014 Reported by Mr. Tester A BILL To extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes. 1. Short title This Act may be cited as the Little Shell Tribe of Chippewa Indians Restoration Act of 2013 2. Findings Congress finds that— (1) the Little Shell Tribe of Chippewa Indians is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States; (2) the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, which also are political successors to the signatories of the Pembina Treaty of 1863, have been recognized by the Federal Government as distinct Indian tribes; (3) the members of the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State of North Dakota as described in paragraph (1); (4) in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. Indian Reorganization Act (5) Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act (6) due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize; (7) in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act (8) the Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, filed 2 law suits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the Indian Claims Commission Act (9) in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8); (10) in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and (11) the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s. 3. Definitions In this Act: (1) Member The term member (2) Secretary The term Secretary (3) Tribe The term Tribe 4. Federal recognition (a) In general Federal recognition is extended to the Tribe. (b) Effect of Federal laws Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. Indian Reorganization Act 5. Federal services and benefits (a) In general Beginning on the date of enactment of this Act, the Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to— (1) the existence of a reservation for the Tribe; or (2) the location of the residence of any member on or near an Indian reservation. (b) Service area For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana. 6. Reaffirmation of rights (a) In general Nothing in this Act diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act. (b) Claims of Tribe Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act. 7. Membership roll (a) In general As a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe. (b) Determination of membership The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution). (c) Maintenance of roll The Tribe shall maintain the membership roll under this section. 8. Transfer of land (a) Homeland The Secretary shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base. (b) Additional land The Secretary may acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 ( 25 U.S.C. 465 Indian Reorganization Act April 3, 2014 Reported without amendment

Little Shell Tribe of Chippewa Indians Restoration Act of 2013

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Accuracy for Adoptees Act - Amends the Immigration and Nationality Act to require that a certificate of citizenship or other federal document issued, or requested to be amended, reflect the child's name and date of birth as indicated on a state court order, birth certificate, certificate of foreign birth, certificate of birth abroad, or similar state vital records document issued by the child's U.S. state of residence after the child has been adopted or readopted in that state.

S1614 ENR: Accuracy for Adoptees 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. 1614 IN THE SENATE OF THE UNITED STATES AN ACT To require Certificates of Citizenship and other Federal documents to reflect name and date of birth determinations made by a State court and for other purposes. 1. Short title This Act may be cited as the Accuracy for Adoptees Act 2. Recognition of State court determinations of name and birth date Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 (c) A Certificate of Citizenship or other Federal document issued or requested to be amended under this section shall reflect the child’s name and date of birth as indicated on a State court order, birth certificate, certificate of foreign birth, certificate of birth abroad, or similar State vital records document issued by the child’s State of residence in the United States after the child has been adopted or readopted in that State. . Speaker of the House of Representatives Vice President of the United States and President of the Senate

Accuracy for Adoptees Act

Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act - (Sec. 4) Establishes the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in the Office of Tribal Justice of the Department of Justice (DOJ). Requires the President and Congress to appoint to the Commission individuals who have significant experience and expertise in Indian affairs and matters to be studied by the Commission, including health care issues facing Native children, Indian education, juvenile justice programs, and social service programs used by Native children. Requires the Commission to establish a Native Advisory Committee consisting of representatives of Indian tribes from each region of the Bureau of Indian Affairs (BIA) and a native Hawaiian. Requires members of the Committee to be experienced in matters to be studied by the Commission. Requires the Commission to conduct a comprehensive study of federal, state, local, and tribal programs that serve Native children, including an evaluation of: the impact of concurrent jurisdiction on child welfare systems; barriers Indian tribes and Native Hawaiians face in using public and private grant resources; obstacles to nongovernmental financial support for programs benefitting Native children; issues relating to the validity and statistical significance of data on Native children; barriers to the development of sustainable, multidisciplinary programs designed to assist high-risk Native children and their families, as well as any examples of successful program models; and barriers to interagency coordination. Directs the Commission to use the results of the study and analyses of existing federal data to: develop plans and goals for federal policy relating to Native children in the short-, mid-, and long-term informed by the development of accurate child well-being measures; recommend modifications and improvements to programs that serve Native children that integrate the cultural strengths of Native communities and result in improvements to the child welfare system, the mental and physical health of Native children, educational and vocational opportunities, and tribal juvenile detention programs. recommend improvements to the collection of data regarding Native children and the programs that serve them; and identify models of successful federal, state, and tribal programs in the areas studied by the Commission. Requires the Commission to submit a report to the President, Congress, and the White House Council on Native American Affairs on its findings, conclusions, and recommendations for legislative and administrative action. Terminates the Commission 90 days after the report is submitted.

113 S1622 RS: Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act U.S. Senate 2013-10-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 537 113th CONGRESS 2d Session S. 1622 IN THE SENATE OF THE UNITED STATES October 30, 2013 Ms. Heitkamp Ms. Murkowski Mr. Begich Mr. Johnson of South Dakota Mr. Tester Mr. Schatz Ms. Hirono Mrs. Feinstein Mr. Franken Mr. Hoeven Mr. Udall of New Mexico Ms. Klobuchar Mrs. Murray Mr. Baucus Mr. Crapo Mr. Thune Ms. Warren Mr. Heinrich Mr. Moran Mr. Whitehouse Ms. Collins Mrs. Boxer Ms. Stabenow Mrs. Fischer Mr. Hatch Mr. Udall of Colorado Mr. Walsh Ms. Cantwell Mrs. Hagan Mr. Johanns Ms. Baldwin Mr. Blumenthal Mr. Rockefeller Ms. Mikulski Mrs. Gillibrand Committee on Indian Affairs August 26, 2014 Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014, by Mr. Tester Strike out all after the enacting clause and insert the part printed in italic A BILL To establish the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. 1. Short title This Act may be cited as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act 2. Findings Congress finds that— (1) the United States has a distinct legal, treaty, and trust obligation to provide for the education, health care, safety, social welfare, and other needs of Native children; (2) chronic underfunding of Federal programs to fulfill the longstanding Federal trust obligation has resulted in limited access to critical services for the more than 2,100,000 Native children under the age of 24 living in the United States; (3) Native children are the most at-risk population in the United States, confronting serious disparities in education, health, and safety, with 37 percent living in poverty; (4) 17 percent of Native children have no health insurance coverage, and child mortality has increased 15 percent among Native children aged 1 to 14, while the overall rate of child mortality in the United States decreased by 9 percent; (5) suicide is the second leading cause of death in Native children aged 15 through 24, a rate that is 2.5 times the national average, and violence, including intentional injuries, homicide, and suicide, account for 75 percent of the deaths of Native children aged 12 through 20; (6) 58 percent of 3- and 4-year-old Native children are not attending any form of preschool, 15 percent of Native children are not in school and not working, and the graduation rate for Native high school students is 50 percent; (7) 22.9 percent of Native children aged 12 and older report alcohol use, 16 percent report substance dependence or abuse, 35.8 percent report tobacco use, and 12.5 percent report illicit drug use; (8) Native children disproportionately enter foster care at a rate more than 2.1 times the general population and have the third highest rate of victimization; and (9) there is no resource that is more vital to the continued existence and integrity of Native communities than Native children, and the United States has a direct interest, as trustee, in protecting Native children. 3. Definitions In this Act: (1) Commission The term Commission (2) Indian The term Indian 25 U.S.C. 450b (3) Indian tribe The term Indian tribe 25 U.S.C. 450b (4) Native child The term Native child (A) an Indian child, as that term is defined in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903); (B) an Indian who is between the ages of 18 and 24 years old; and (C) a Native Hawaiian who is not older than 24 years old. (5) Native Hawaiian The term Native Hawaiian 20 U.S.C. 7517 (6) Secretary The term Secretary (7) Tribal College or University The term Tribal College or University 4. Commission on Native Children (a) In general There is established a commission in the Office of Tribal Justice of the Department of Justice, to be known as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (b) Membership (1) In general The Commission shall be composed of 11 members, of whom— (A) 3 shall be appointed by the President, in consultation with— (i) the Attorney General; (ii) the Secretary; (iii) the Secretary of Education; and (iv) the Secretary of Health and Human Services; (B) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate; (C) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate; (D) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairperson of the Committee on Natural Resources of the House of Representatives; and (E) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives. (2) Requirements for eligibility (A) In general Subject to subparagraph (B), each member of the Commission shall have significant experience and expertise in— (i) Indian affairs; and (ii) matters to be studied by the Commission, including— (I) health care issues facing Native children, including mental health, physical health, and nutrition; (II) Indian education, including experience with Bureau of Indian Education schools and public schools, tribally operated schools, tribal colleges or universities, early childhood education programs, and the development of extracurricular programs; (III) juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism; and (IV) social service programs that are used by Native children and designed to address basic needs, such as food, shelter, and safety, including child protective services, group homes, and shelters. (B) Experts (i) Native children 1 member of the Commission shall— (I) meet the requirements under subparagraph (A); and (II) be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission. (ii) Research 1 member of the Commission shall— (I) meet the requirements of subparagraph (A); and (II) have extensive experience in statistics or social science research. (3) Terms (A) In general Each member of the Commission shall be appointed for a term of 3 years. (B) Vacancies (i) In general A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (ii) Terms Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (c) Operation (1) Chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Commission. (2) Meetings (A) In general The Commission shall meet at the call of the Chairperson. (B) Initial meeting The initial meeting of the Commission shall take place not later than 30 days after the date described in paragraph (1). (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (4) Rules The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law. (d) Native Advisory Committee (1) Establishment The Commission shall establish a committee, to be known as the Native Advisory Committee (2) Membership (A) Composition The Native Advisory Committee shall consist of— (i) 1 representative of Indian tribes from each region of the Bureau of Indian Affairs who is 25 years of age or older; and (ii) 1 Native Hawaiian who is 25 years of age or older. (B) Qualifications Each member of the Native Advisory Committee shall have experience relating to matters to be studied by the Commission. (3) Duties The Native Advisory Committee shall— (A) serve as an advisory body to the Commission; and (B) provide to the Commission advice and recommendations, submit materials, documents, testimony, and such other information as the Commission determines to be necessary to carry out the duties of the Commission under this section. (4) Native children subcommittee The Native Advisory Committee shall establish a subcommittee that shall consist of at least 1 member from each region of the Bureau of Indian Affairs and 1 Native Hawaiian, each of whom shall be a Native child, and have experience serving on the council of a tribal, regional, or national youth organization. (e) Comprehensive study of Native children issues (1) In general The Commission shall conduct a comprehensive study of Federal, State, local, and tribal programs that serve Native children, including an evaluation of— (A) the impact of concurrent jurisdiction on child welfare systems; (B) the barriers Indian tribes and Native Hawaiians face in applying, reporting on, and using existing public and private grant resources, including identification of any Federal cost-sharing requirements; (C) the obstacles to nongovernmental financial support, such as from private foundations and corporate charities, for programs benefitting Native children; (D) the issues relating to data collection, such as small sample sizes, large margins of errors, or other issues related to the validity and statistical significance of data on Native children; (E) the barriers to the development of sustainable, multidisciplinary programs designed to assist high-risk Native children and families of those high-risk Native children, as well as any examples of successful program models and use of best practices; and (F) the barriers to interagency coordination on programs benefitting Native children. (2) Coordination In conducting the study under paragraph (1), to avoid duplication of efforts, the Commission shall, to the maximum extent practicable, collaborate with other workgroups focused on similar issues, such as the Task Force on American Indian/Alaska Native Children Exposed to Violence of the Attorney General. (3) Recommendations Taking into consideration the results of the study under paragraph (1) and the analysis of any existing data relating to Native children received from Federal agencies, the Commission shall— (A) develop goals, and plans for achieving those goals, for Federal policy relating to Native children in the short-, mid-, and long-term, which shall be informed by the development of accurate child well-being measures; (B) make recommendations on necessary modifications and improvements to programs that serve Native children at the Federal, State, and tribal level that integrate the cultural strengths of the communities of the Native children and will result in— (i) improvements to the child welfare system that— (I) reduce the disproportionate rate at which Native children enter child protective services and the period of time spent in the foster system; (II) increase coordination among social workers, police, and foster families assisting Native children while in the foster system to result in the increased safety of Native children while in the foster system; (III) encourage the hiring and retention of licensed social workers in Native communities; (IV) address the lack of available foster homes in Native communities; and (V) improve the academic proficiency and graduation rates of Native children in the foster system; (ii) improvements to the mental and physical health of Native children, taking into consideration the rates of suicide, substance abuse, and access to nutrition and health care, including— (I) an analysis of the increased access of Native children to Medicaid under the Patient Protection and Affordable Care Act ( Public Law 111–148 (II) an evaluation of the effects of a lack of public sanitation infrastructure, including in-home sewer and water, on the health status of Native children; (iii) improvements to educational and vocational opportunities for Native children that will lead to— (I) increased school attendance, performance, and graduation rates for Native children across all educational levels, including early education, post-secondary, and graduate school; (II) scholarship opportunities at a Tribal College or University and other public and private postsecondary institutions; (III) increased participation of the immediate families of Native children; (IV) coordination among schools and Indian tribes that serve Native children, including in the areas of data sharing and student tracking; (V) accurate identification of students as Native children; and (VI) increased school counseling services, improved access to quality nutrition at school, and safe student transportation; (iv) improved policies and practices by local school districts that would result in improved academic proficiency for Native children; (v) increased access to extracurricular activities for Native children that are designed to increase self-esteem, promote community engagement, and support academic excellence while also serving to prevent unplanned pregnancy, membership in gangs, drug and alcohol abuse, and suicide, including activities that incorporate traditional language and cultural practices of Indians and Native Hawaiians; (vi) improvements to Federal, State, and tribal juvenile detention programs— (I) to provide greater access to educational opportunities and social services for incarcerated Native children; (II) to promote prevention and reduce incarceration and recidivism rates among Native children; (III) to incorporate families and the traditional cultures of Indians and Native Hawaiians in the process, including through the development of a family court for juvenile offenses; and (IV) to prevent unnecessary detentions and identify successful reentry programs; (vii) expanded access to a continuum of early development and learning services for Native children from prenatal to age 5 that are culturally competent, support Native language preservation, and comprehensively promote the health, well-being, learning, and development of Native children, such as— (I) high quality early care and learning programs for children starting from birth, including Early Head Start, Head Start, child care, and preschool programs; (II) programs, including home visiting and family resource and support programs, that increase the capacity of parents to support the learning and development of the children of the parents, beginning prenatally, and connect the parents with necessary resources; (III) early intervention and preschool services for infants, toddlers, and preschool-aged children with developmental delays or disabilities; and (IV) professional development opportunities for Native providers of early development and learning services; (viii) the development of a system that delivers wrap-around services to Native children in a way that is comprehensive and sustainable, including through increased coordination among Indian tribes, schools, law enforcement, health care providers, social workers, and families; (ix) more flexible use of existing Federal programs, such as by— (I) providing Indians and Native Hawaiians with more flexibility to carry out programs, while minimizing administrative time, cost, and expense and reducing the burden of Federal paperwork requirements; and (II) allowing unexpended Federal funds to be used flexibly across Federal agencies to support programs benefitting Native children, while taking into account— (aa) the 477 Demonstration Initiative of the Department of the Interior; (bb) the Coordinated Tribal Assistance Solicitation program of the Department of Justice; (cc) the Federal policy of self-determination; and (dd) any consolidated grant programs; and (x) solutions to other issues that, as determined by the Commission, would improve the health, safety, and well-being of Native children; (C) based on the use by the Commission of the existing data, make recommendations for improving data collection methods that consider— (i) the adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across Federal agencies; (ii) the appropriateness of existing data categories for comparative purposes; (iii) the development of quality data and measures, such as by ensuring sufficient sample sizes and frequency of sampling, for Federal, State, and tribal programs that serve Native children; (iv) the collection and measurement of data that are useful to Indian tribes and Native Hawaiians; (v) the inclusion of Native children in longitudinal studies; and (vi) tribal access to data gathered by Federal, State, and local governmental agencies; and (D) identify models of successful Federal, State, and tribal programs in the areas studied by the Commission. (f) Report Not later than 3 years after the date on which all members of the Commission are appointed and amounts are made available to carry out this Act, the Commission shall submit to the President, Congress, and the White House Council on Native American Affairs a report that contains— (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate. (g) Powers (1) Hearings (A) In general The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section, except that the Commission shall hold not less than 5 hearings in Native communities. (B) Public requirement The hearings of the Commission under this paragraph shall be open to the public. (2) Witness expenses (A) In general A witness requested to appear before the Commission shall be paid the same fees and allowances as are paid to witnesses under section 1821 of title 28, United States Code. (B) Per diem and mileage The fees and allowances for a witness shall be paid from funds made available to the Commission. (3) Information from Federal, tribal, and State agencies (A) In general The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this section. (B) Tribal and State agencies The Commission may request the head of any tribal or State agency to provide to the Commission such information as the Commission considers to be necessary to carry out this Act. (4) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (5) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property related to the purpose of the Commission. (h) Commission personnel matters (1) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (2) Detail of Federal employees (A) In general On the affirmative vote of 2/3 (i) the Attorney General, the Secretary, the Secretary of Education, and the Secretary of the Health and Human Services shall each detail, without reimbursement, 1 or more employees of the Department of Justice, the Department of the Interior, the Department of Education, and the Department of Health and Human Services; and (ii) with the approval of the appropriate Federal agency head, an employee of any other Federal agency may be, without reimbursement, detailed to the Commission. (B) Effect on detailees Detail under this paragraph shall be without interruption or loss of civil service status, benefits, or privileges. (3) Procurement of temporary and intermittent services (A) In general On request of the Commission, the Attorney General shall provide to the Commission, on a reimbursable basis, reasonable and appropriate office space, supplies, and administrative assistance. (B) No requirement for physical facilities The Administrator of General Services shall not be required to locate a permanent, physical office space for the operation of the Commission. (4) Members not Federal employees No member of the Commission, the Native Advisory Committee, or the Native Children Subcommittee shall be considered to be a Federal employee. (i) Termination of commission The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f). (j) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission, the Native Advisory Committee, or the Native Children Subcommittee. (k) Funding Out of any unobligated amounts made available to the Secretary, the Attorney General, or the Secretary of Health and Human Services, the Attorney General shall make not more than $2,000,000 available to the Commission to carry out this Act. 1. Short title This Act may be cited as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act 2. Findings Congress finds that— (1) the United States has a distinct legal, treaty, and trust obligation to provide for the education, health care, safety, social welfare, and other needs of Native children; (2) chronic underfunding of Federal programs to fulfill the longstanding Federal trust obligation has resulted in limited access to critical services for the more than 2,100,000 Native children under the age of 24 living in the United States; (3) Native children are the most at-risk population in the United States, confronting serious disparities in education, health, and safety, with 37 percent living in poverty; (4) 17 percent of Native children have no health insurance coverage, and child mortality has increased 15 percent among Native children aged 1 to 14, while the overall rate of child mortality in the United States decreased by 9 percent; (5) suicide is the second leading cause of death in Native children aged 15 through 24, a rate that is 2.5 times the national average, and violence, including intentional injuries, homicide, and suicide, account for 75 percent of the deaths of Native children aged 12 through 20; (6) 58 percent of 3- and 4-year-old Native children are not attending any form of preschool, 15 percent of Native children are not in school and not working, and the graduation rate for Native high school students is 50 percent; (7) 22.9 percent of Native children aged 12 and older report alcohol use, 16 percent report substance dependence or abuse, 35.8 percent report tobacco use, and 12.5 percent report illicit drug use; (8) Native children disproportionately enter foster care at a rate more than 2.1 times the general population and have the third highest rate of victimization; and (9) there is no resource that is more vital to the continued existence and integrity of Native communities than Native children, and the United States has a direct interest, as trustee, in protecting Native children. 3. Definitions In this Act: (1) Commission The term Commission (2) Indian The term Indian 25 U.S.C. 450b (3) Indian tribe The term Indian tribe 25 U.S.C. 450b (4) Native child The term Native child (A) an Indian child, as that term is defined in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903); (B) an Indian who is between the ages of 18 and 24 years old; and (C) a Native Hawaiian who is not older than 24 years old. (5) Native Hawaiian The term Native Hawaiian 20 U.S.C. 7517 (6) Secretary The term Secretary (7) Tribal College or University The term Tribal College or University 4. Commission on Native Children (a) In general There is established a commission in the Office of Tribal Justice of the Department of Justice, to be known as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (b) Membership (1) In general The Commission shall be composed of 11 members, of whom— (A) 3 shall be appointed by the President, in consultation with— (i) the Attorney General; (ii) the Secretary; (iii) the Secretary of Education; and (iv) the Secretary of Health and Human Services; (B) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate; (C) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate; (D) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairperson of the Committee on Natural Resources of the House of Representatives; and (E) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives. (2) Requirements for eligibility (A) In general Subject to subparagraph (B), each member of the Commission shall have significant experience and expertise in— (i) Indian affairs; and (ii) matters to be studied by the Commission, including— (I) health care issues facing Native children, including mental health, physical health, and nutrition; (II) Indian education, including experience with Bureau of Indian Education schools and public schools, tribally operated schools, tribal colleges or universities, early childhood education programs, and the development of extracurricular programs; (III) juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism; and (IV) social service programs that are used by Native children and designed to address basic needs, such as food, shelter, and safety, including child protective services, group homes, and shelters. (B) Experts (i) Native children 1 member of the Commission shall— (I) meet the requirements of subparagraph (A); and (II) be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission. (ii) Research 1 member of the Commission shall— (I) meet the requirements of subparagraph (A); and (II) have extensive experience in statistics or social science research. (3) Terms (A) In general Each member of the Commission shall be appointed for the life of the Commission. (B) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Operation (1) Chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Commission. (2) Meetings (A) In general The Commission shall meet at the call of the Chairperson. (B) Initial meeting The initial meeting of the Commission shall take place not later than 30 days after the date described in paragraph (1). (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (4) Rules The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law. (d) Native Advisory Committee (1) Establishment The Commission shall establish a committee, to be known as the Native Advisory Committee (2) Membership (A) Composition The Native Advisory Committee shall consist of— (i) 1 representative of Indian tribes from each region of the Bureau of Indian Affairs who is 25 years of age or older; and (ii) 1 Native Hawaiian who is 25 years of age or older. (B) Qualifications Each member of the Native Advisory Committee shall have experience relating to matters to be studied by the Commission. (3) Duties The Native Advisory Committee shall— (A) serve as an advisory body to the Commission; and (B) provide to the Commission advice and recommendations, submit materials, documents, testimony, and such other information as the Commission determines to be necessary to carry out the duties of the Commission under this section. (4) Native children subcommittee The Native Advisory Committee shall establish a subcommittee that shall consist of at least 1 member from each region of the Bureau of Indian Affairs and 1 Native Hawaiian, each of whom shall be a Native child, and have experience serving on the council of a tribal, regional, or national youth organization. (e) Comprehensive study of Native children issues (1) In general The Commission shall conduct a comprehensive study of Federal, State, local, and tribal programs that serve Native children, including an evaluation of— (A) the impact of concurrent jurisdiction on child welfare systems; (B) the barriers Indian tribes and Native Hawaiians face in applying, reporting on, and using existing public and private grant resources, including identification of any Federal cost-sharing requirements; (C) the obstacles to nongovernmental financial support, such as from private foundations and corporate charities, for programs benefitting Native children; (D) the issues relating to data collection, such as small sample sizes, large margins of error, or other issues related to the validity and statistical significance of data on Native children; (E) the barriers to the development of sustainable, multidisciplinary programs designed to assist high-risk Native children and families of those high-risk Native children, as well as any examples of successful program models and use of best practices; and (F) the barriers to interagency coordination on programs benefitting Native children. (2) Coordination In conducting the study under paragraph (1), the Commission shall, to the maximum extent practicable— (A) to avoid duplication of efforts, collaborate with other workgroups focused on similar issues, such as the Task Force on American Indian/Alaska Native Children Exposed to Violence of the Attorney General; and (B) to improve coordination and reduce travel costs, use available technology. (3) Recommendations Taking into consideration the results of the study under paragraph (1) and the analysis of any existing data relating to Native children received from Federal agencies, the Commission shall— (A) develop goals, and plans for achieving those goals, for Federal policy relating to Native children in the short-, mid-, and long-term, which shall be informed by the development of accurate child well-being measures; (B) make recommendations on necessary modifications and improvements to programs that serve Native children at the Federal, State, and tribal levels that integrate the cultural strengths of the communities of the Native children and will result in— (i) improvements to the child welfare system that— (I) reduce the disproportionate rate at which Native children enter child protective services and the period of time spent in the foster system; (II) increase coordination among social workers, police, and foster families assisting Native children while in the foster system to result in the increased safety of Native children while in the foster system; (III) encourage the hiring and retention of licensed social workers in Native communities; (IV) address the lack of available foster homes in Native communities; and (V) reduce truancy and improve the academic proficiency and graduation rates of Native children in the foster system; (ii) improvements to the mental and physical health of Native children, taking into consideration the rates of suicide, substance abuse, and access to nutrition and health care, including— (I) an analysis of the increased access of Native children to Medicaid under the Patient Protection and Affordable Care Act ( Public Law 111–148 (II) an evaluation of the effects of a lack of public sanitation infrastructure, including in-home sewer and water, on the health status of Native children; (iii) improvements to educational and vocational opportunities for Native children that will lead to— (I) increased school attendance, performance, and graduation rates for Native children across all educational levels, including early education, post-secondary, and graduate school; (II) localized strategies developed by educators, tribal and community leaders, and law enforcement to prevent and reduce truancy among Native children; (III) scholarship opportunities at a Tribal College or University and other public and private postsecondary institutions; (IV) increased participation of the immediate families of Native children; (V) coordination among schools and Indian tribes that serve Native children, including in the areas of data sharing and student tracking; (VI) accurate identification of students as Native children; and (VII) increased school counseling services, improved access to quality nutrition at school, and safe student transportation; (iv) improved policies and practices by local school districts that would result in improved academic proficiency for Native children; (v) increased access to extracurricular activities for Native children that are designed to increase self-esteem, promote community engagement, and support academic excellence while also serving to prevent unplanned pregnancy, membership in gangs, drug and alcohol abuse, and suicide, including activities that incorporate traditional language and cultural practices of Indians and Native Hawaiians; (vi) improvements to Federal, State, and tribal juvenile detention programs— (I) to provide greater access to educational opportunities and social services for incarcerated Native children; (II) to promote prevention and reduce incarceration and recidivism rates among Native children; (III) to incorporate families and the traditional cultures of Indians and Native Hawaiians in the process, including through the development of a family court for juvenile offenses; and (IV) to prevent unnecessary detentions and identify successful reentry programs; (vii) expanded access to a continuum of early development and learning services for Native children from prenatal to age 5 that are culturally competent, support Native language preservation, and comprehensively promote the health, well-being, learning, and development of Native children, such as— (I) high quality early care and learning programs for children starting from birth, including Early Head Start, Head Start, child care, and preschool programs; (II) programs, including home visiting and family resource and support programs, that increase the capacity of parents to support the learning and development of the children of the parents, beginning prenatally, and connect the parents with necessary resources; (III) early intervention and preschool services for infants, toddlers, and preschool-aged children with developmental delays or disabilities; and (IV) professional development opportunities for Native providers of early development and learning services; (viii) the development of a system that delivers wrap-around services to Native children in a way that is comprehensive and sustainable, including through increased coordination among Indian tribes, schools, law enforcement, health care providers, social workers, and families; (ix) more flexible use of existing Federal programs, such as by— (I) providing Indians and Native Hawaiians with more flexibility to carry out programs, while minimizing administrative time, cost, and expense and reducing the burden of Federal paperwork requirements; and (II) allowing unexpended Federal funds to be used flexibly across Federal agencies to support programs benefitting Native children, while taking into account— (aa) the 477 Demonstration Initiative of the Department of the Interior; (bb) the Coordinated Tribal Assistance Solicitation program of the Department of Justice; (cc) the Federal policy of self-determination; and (dd) any consolidated grant programs; and (x) solutions to other issues that, as determined by the Commission, would improve the health, safety, and well-being of Native children; (C) based on the use by the Commission of the existing data, make recommendations for improving data collection methods that consider— (i) the adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across Federal agencies; (ii) the appropriateness of existing data categories for comparative purposes; (iii) the development of quality data and measures, such as by ensuring sufficient sample sizes and frequency of sampling, for Federal, State, and tribal programs that serve Native children; (iv) the collection and measurement of data that are useful to Indian tribes and Native Hawaiians; (v) the inclusion of Native children in longitudinal studies; and (vi) tribal access to data gathered by Federal, State, and local governmental agencies; and (D) identify models of successful Federal, State, and tribal programs in the areas studied by the Commission. (f) Report Not later than 3 years after the date on which all members of the Commission are appointed and amounts are made available to carry out this Act, the Commission shall submit to the President, Congress, and the White House Council on Native American Affairs a report that contains— (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate. (g) Powers (1) Hearings (A) In general The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section, except that the Commission shall hold not less than 5 hearings in Native communities. (B) Public requirement The hearings of the Commission under this paragraph shall be open to the public. (2) Witness expenses (A) In general A witness requested to appear before the Commission shall be paid the same fees and allowances as are paid to witnesses under section 1821 of title 28, United States Code. (B) Per diem and mileage The fees and allowances for a witness shall be paid from funds made available to the Commission. (3) Information from Federal, tribal, and State agencies (A) In general The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this section. (B) Tribal and State agencies The Commission may request the head of any tribal or State agency to provide to the Commission such information as the Commission considers to be necessary to carry out this Act. (4) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (5) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property related to the purpose of the Commission. (h) Commission personnel matters (1) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (2) Detail of Federal employees (A) In general On the affirmative vote of 2/3 (i) the Attorney General, the Secretary, the Secretary of Education, and the Secretary of the Health and Human Services shall each detail, without reimbursement, 1 or more employees of the Department of Justice, the Department of the Interior, the Department of Education, and the Department of Health and Human Services; and (ii) with the approval of the appropriate Federal agency head, an employee of any other Federal agency may be, without reimbursement, detailed to the Commission. (B) Effect on detailees Detail under this paragraph shall be without interruption or loss of civil service status, benefits, or privileges. (3) Procurement of temporary and intermittent services (A) In general On request of the Commission, the Attorney General shall provide to the Commission, on a reimbursable basis, reasonable and appropriate office space, supplies, and administrative assistance. (B) No requirement for physical facilities The Administrator of General Services shall not be required to locate a permanent, physical office space for the operation of the Commission. (4) Members not Federal employees No member of the Commission, the Native Advisory Committee, or the Native Children Subcommittee shall be considered to be a Federal employee. (i) Termination of commission The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f). (j) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission, the Native Advisory Committee, or the Native Children Subcommittee. (k) Funding Out of any unobligated amounts made available to the Secretary, the Attorney General, or the Secretary of Health and Human Services, the Attorney General shall make not more than $2,000,000 available to the Commission to carry out this Act. August 26, 2014 Reported with an amendment

Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act

Show Your Exemption Act - Requires the Chief Administrative Officer of the House of Representatives and the Financial Clerk of the Senate to make publicly available the determinations of each Member of the House of Representatives and each Senator regarding the designation of their congressional staff (including leadership and committee staff) as "official" for purposes of requiring such staff to enroll in health insurance coverage provided through a health benefit exchange as required under the Patient Protection and Affordable Care Act. Requires the failure to designate any staff as "official" to be noted in the determination along with a statement that such failure permits the staff involved to remain in the Federal Employee Health Benefits Program.

114 S87 IS: Show Your Exemption 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. 87 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on Homeland Security and Governmental Affairs A BILL To require the disclosure of determinations with respect to which Congressional staff will be required to obtain health insurance coverage through an Exchange. 1. Short title This Act may be cited as the Show Your Exemption Act 2. Transparency of coverage determination (a) In general Not later than 30 days after the date of enactment of this Act, the Chief Administrative Officer of the House of Representatives and the Financial Clerk of the Senate shall make publically available the determinations of each member of the House of Representatives and each Senator, as the case may be, regarding the designation of their respective congressional staff (including leadership and committee staff) as official 42 U.S.C. 18032(d)(1)(D) (b) Failure To submit The failure by any member of the House of Representatives or Senator to designate any of their respective staff, whether committee or leadership staff, as official (c) Privacy Nothing in this Act shall be construed to permit the release of any individually identifiable information concerning any individual, including any health plan selected by an individual.

Show Your Exemption Act

Water Rights Protection Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from: (1) conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer or relinquishment of any water right directly to the United States, in whole or in part, granted under state law, by federal or state adjudication, decree, or other judgment, or pursuant to any interstate water compact and such Secretaries; and (2) requiring any water user to apply for a water right in the name of the United States under state law as a condition of such a land use or occupancy agreement.

114 S982 IS: Water Rights Protection Act U.S. Senate 2015-04-16 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. 982 IN THE SENATE OF THE UNITED STATES April 16, 2015 Mr. Barrasso Mr. Risch Mr. Flake Mr. Gardner Mr. Heller Mr. Crapo Mr. Enzi Mr. Hatch Mrs. Fischer Committee on Energy and Natural Resources A BILL To prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretaries of the Interior and Agriculture, and to require the Secretaries of the Interior and Agriculture to develop water planning instruments consistent with State law. 1. Short title This Act may be cited as the Water Rights Protection Act 2. Definition of water right In this Act, the term water right 3. Treatment of water rights The Secretary of the Interior and the Secretary of Agriculture shall not— (1) condition or withhold, in whole or in part, the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on— (A) limitation or encumbrance of any water right, or the transfer of any water right (including joint and sole ownership), directly or indirectly to the United States or any other designee; or (B) any other impairment of any water right, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement; (3) assert jurisdiction over groundwater withdrawals or impacts on groundwater resources, unless jurisdiction is asserted, and any regulatory or policy actions taken pursuant to such assertion are, consistent with, and impose no greater restrictions or regulatory requirements than, applicable State laws (including regulations) and policies governing the protection and use of groundwater resources; or (4) infringe on the rights and obligations of a State in evaluating, allocating, and adjudicating the waters of the State originating on or under, or flowing from, land owned or managed by the Federal Government. 4. Recognition of State authority (a) In general In carrying out section 3, the Secretary of the Interior and the Secretary of Agriculture shall— (1) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, and adjudicating groundwater by any means, including a rulemaking, permitting, directive, water court adjudication, resource management planning, regional authority, or other policy; and (2) coordinate with the States in the adoption and implementation by the Secretary of the Interior or the Secretary of Agriculture of any rulemaking, policy, directive, management plan, or other similar Federal action so as to ensure that such actions are consistent with, and impose no greater restrictions or regulatory requirements than, State groundwater laws and programs. (b) Effect on State water rights In carrying out this Act, the Secretary of the Interior and the Secretary of Agriculture shall not take any action that adversely affects— (1) any water rights granted by a State; (2) the authority of a State in adjudicating water rights; (3) definitions established by a State with respect to the term beneficial use priority of water rights terms of use (4) terms and conditions of groundwater withdrawal, guidance and reporting procedures, and conservation and source protection measures established by a State; (5) the use of groundwater in accordance with State law; or (6) any other rights and obligations of a State established under State law. 5. Effect of Act (a) Effect on existing authority Nothing in this Act limits or expands any existing legally recognized authority of the Secretary of the Interior or the Secretary of Agriculture to issue, grant, or condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal land subject to the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, respectively. (b) Effect on reclamation contracts Nothing in this Act interferes with Bureau of Reclamation contracts entered into pursuant to the reclamation laws. (c) Effect on Endangered Species Act Nothing in this Act affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (d) Effect on Federal reserved water rights Nothing in this Act limits or expands any existing or claimed reserved water rights of the Federal Government on land administered by the Secretary of the Interior or the Secretary of Agriculture. (e) Effect on Federal power act Nothing in this Act limits or expands authorities under sections 4(e), 10(j), or 18 of the Federal Power Act ( 16 U.S.C. 797(e) (f) Effect on Indian water rights Nothing in this Act limits or expands any water right or treaty right of any federally recognized Indian tribe.

Water Rights Protection Act

Restoring the 10th Amendment Act - Authorizes a designated state official to submit to the head of a federal agency proposing a rule, during the period when the proposed rule is open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment to the Constitution. Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief was submitted; (2) to post prominently on the front page of the agency's website a link to the brief; and (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the agency's website next to the briefs pertaining to the rule, unless the agency determines not to finalize such proposed rule. Authorizes a designated state official, at any time after an agency head posts such a certification, to commence a civil action against the agency on the grounds that the rule violates the Tenth Amendment. Permits such state official, in addition to any other venue or jurisdiction provided by law, to bring such action in the U.S. district court for the district in which the official's place of business is located. Directs the appropriate U.S. court of appeals, upon the filing of a notice by a designated state official, to grant expedited review of a decision by the district court in such an action.

114 S1045 IS: Restoring the 10th Amendment Act U.S. Senate 2015-04-22 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 114th CONGRESS 1st Session S. 1045 IN THE SENATE OF THE UNITED STATES April 22, 2015 Mr. Wicker Mr. Isakson Mr. Crapo Mr. Risch Mr. Blunt Mr. Cochran Mr. Sessions Mr. Roberts Mr. Perdue Committee on the Judiciary A BILL To protect 10th Amendment rights by providing special standing for State government officials to challenge proposed regulations, and for other purposes. 1. Short title This Act may be cited as the Restoring the 10th Amendment Act 2. Findings The Congress finds: (1) The 10th Amendment to the Constitution of the United States (referred to in this Act as the 10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (2) The 10th Amendment expressly limits the powers of the Federal Government to those delegated by the Constitution and reaffirms and protects the freedom of the States to exercise those that are not. (3) The 10th Amendment reflects the opposition of the Founding Fathers to a Federal Government with expansive powers, their intention for the powers of the States to act as a check on those of the Federal Government, and their concern that the Federal Government would attempt to usurp powers intended to remain with the States. (4) James Madison, in The Federalist No. 45, wrote, The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. (5) The Supreme Court, in United States v. Sprague, 282 U.S. 716 (1931), noted, The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. (6) The Supreme Court, in Fry v. United States, 421 U.S. 542 (1975), also noted, The Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States' integrity or their ability to function effectively in a federal system. (7) The Executive departments and agencies of the Federal Government often promulgate regulations contrary to the spirit and letter of the 10th Amendment. (8) The 10th Amendment assures that the people of the United States, and each sovereign State in the Union of States, have, and have always had, rights that the Federal Government may not usurp. (9) Congress has the responsibility to safeguard the 10th Amendment and to recognize that it is as vital and valuable today as on the date of its ratification. 3. Special standing for certain State officials to challenge Federal rulemaking as a violation of the 10th Amendment (a) Definitions In this section— (1) the term agency (2) the term designated State official (A) the chief executive of the State; (B) the lieutenant governor or equivalent officer of the State; (C) the chief legal officer of the State; or (D) a legislative leader of the State; (3) the term legislative leader (4) the term rule (b) Submission of legal brief During any period during which a proposed rule is open for public comment under chapter 5 (c) Duty of Federal official To post link to the brief The head of the agency proposing a rule described in subsection (b) shall prominently post on the front page of the Web site of the agency, in such a manner that it is immediately noticeable to individuals who visit that Web site, a link to each brief submitted under subsection (b). (d) Response by Federal agency Unless an agency determines not to finalize a proposed rule described in subsection (b), not later than 15 days after posting the link under subsection (c), the head of the agency shall— (1) certify in writing that, in the opinion of the head of the agency, the rule does not violate the 10th Amendment; (2) include in the certification the full legal reasoning supporting that opinion; and (3) prominently post the certification on the front page of the Web site of the agency next to the links to the legal briefs pertaining to the rule posted under subsection (c). (e) Notice to officials of other States Not later than 15 days after the date on which a designated State official submits a brief under subsection (b), the head of the agency proposing the rule shall give notice to each designated State official of each State that the brief was submitted. (f) Actions by State officials (1) Commencement of action At any time after the head of an agency posts a certification under subsection (d) that a rule does not violate the 10th Amendment, a designated State official may commence a civil action against the agency on the grounds that the rule of the agency violates the 10th Amendment. (2) Venue and jurisdiction If a designated State official decides to commence an action under paragraph (1), in addition to any other venue or jurisdiction that may be provided by law, the official may bring the action in the district court of the United States for the district in which the place of business of the official is located, which shall be a proper venue for the action and the court shall have jurisdiction of the action. (3) Expedited appeal Upon the filing of a notice of appeal by a designated State official who is a party to an action described in paragraph (1) brought in a district court of the United States, the appropriate court of appeals of the United States shall grant expedited review of a decision by the district court in the action.

Restoring the 10th Amendment Act

Indian Trust Asset Reform Act - Reaffirms the federal government's fiduciary responsibilities to Indians. States that: (1) the most exacting common law fiduciary standards governing private trustees also govern the federal government when it manages Indian Trust Assets, and (2) those standards are not limited to the express terms of statutes and regulations. Indian Trust Asset Management Demonstration Project Act of 2013 - Directs the Secretary of the Interior to establish an eight-year Indian trust asset management demonstration project that allows Indian tribes to propose, for the Secretary's approval, Indian trust asset management plans. Allows participating Indian tribes that contract or compact trust management functions or activities under the Indian Self-Determination and Education Assistance Act to develop and carry out trust asset management systems, practices, and procedures that differ from the Secretary's. Requires each plan to: (1) be consistent with all tribal laws and all federal treaties, statutes, executive orders, and court decisions applicable to the trust assets and their management; (2) establish procedures for nonbinding mediation or resolution of any plan-related disputes between the Indian tribe and the federal government; (3) include an annual evaluation by the Indian tribe and affected federal agencies of the plan's implementation; and (4) identify any federal regulations that the plan will supersede. Prohibits the approval of any plan that does not: (1) protect trust assets from loss, waste, and unlawful alienation; and (2) promote the interests of the trust asset's beneficial owner. Establishes, in the Department of the Interior, an Under Secretary for Indian Affairs who is to report directly to the Secretary and assume the functions of the Assistant Secretary for Indian Affairs and the Office of Special Trustee for American Indians. Requires the Office of the Under Secretary to carry out additional duties relating to the management of Indian trust assets and resources through an Office of Trust Reform Implementation and Oversight. Requires the Under Secretary to give a hiring preference to Indians.

114 S383 IS: Indian Trust Asset Reform 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. 383 IN THE SENATE OF THE UNITED STATES February 5, 2015 Mr. Crapo Mr. Risch Committee on Indian Affairs A BILL To provide for Indian trust asset management reform, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Indian Trust Asset Reform Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Recognition of trust responsibility Sec. 101. Findings. Sec. 102. Reaffirmation of policy. TITLE II—Indian trust asset management demonstration project Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Establishment of demonstration project; selection of participating Indian tribes. Sec. 204. Indian trust asset management plan. Sec. 205. Effect of title. TITLE III—Restructuring the Office of the Special Trustee Sec. 301. Purpose. Sec. 302. Definitions. Sec. 303. Under Secretary for Indian Affairs. Sec. 304. Office of Special Trustee for American Indians. Sec. 305. Appraisals and valuations. Sec. 306. Cost savings. I Recognition of trust responsibility 101. Findings Congress, after careful review of the historical and special legal relationship of the United States with, and resulting responsibilities to, Indians, finds that— (1) the relationship of Indian tribes to the United States is founded in part on the settled doctrine of the law of nations that when a stronger sovereign assumes authority over a weaker sovereign, the stronger nation assumes a duty of protection for the weaker nation, which does not surrender the right to self-government; (2) the fiduciary responsibilities of the United States to Indians also are founded in part on specific commitments made through written treaties and agreements securing peace, in exchange for which Indians have surrendered claims to vast tracts of land, which provided legal consideration for permanent, ongoing performance of Federal trust duties; and (3) the foregoing historic Federal-tribal relations and understandings have benefitted the people of the United States as a whole for centuries and established enduring and enforceable Federal obligations to which the national honor has been committed. 102. Reaffirmation of policy Pursuant to the constitutionally vested authority of Congress over Indian affairs, Congress reaffirms that the fiduciary responsibilities of the United States to Indian tribes include a duty to promote tribal self-determination regarding governmental authority and economic development. II Indian trust asset management demonstration project 201. Short title This title may be cited as the Indian Trust Asset Management Demonstration Project Act of 2015 202. Definitions In this title: (1) Indian tribe The term Indian tribe (A) is federally recognized; and (B) submits an application under section 203(c). (2) Project The term Project (3) Secretary The term Secretary 203. Establishment of demonstration project; selection of participating Indian tribes (a) In general The Secretary shall establish and carry out an Indian trust asset management demonstration project, in accordance with this title. (b) Selection of participating Indian tribes (1) In general An Indian tribe shall be eligible to participate in the Project if— (A) the Indian tribe submits to the Secretary an application under subsection (c); and (B) the Secretary approves the application of the Indian tribe. (2) Notice (A) In general The Secretary shall provide a written notice to each Indian tribe approved to participate in the Project. (B) Contents A notice under subparagraph (A) shall include— (i) a statement that the application of the Indian tribe has been approved by the Secretary; and (ii) a requirement that the Indian tribe shall submit to the Secretary a proposed Indian trust asset management plan in accordance with section 204. (c) Application (1) In general To be eligible to participate in the Project, an Indian tribe shall submit to the Secretary a written application in accordance with paragraph (2). (2) Requirements The Secretary shall consider an application under this subsection only if the application— (A) includes a copy of a resolution or other appropriate action by the governing body of the Indian tribe, as determined by the Secretary, in support of or authorizing the application; (B) is received by the Secretary after the date of enactment of this Act; and (C) states that the Indian tribe is requesting to participate in the Project. (d) Duration The Project— (1) shall remain in effect for a period of 10 years after the date of enactment of this Act; but (2) may be extended at the discretion of the Secretary. 204. Indian trust asset management plan (a) Proposed plan (1) Submission After the date on which an Indian tribe receives a notice from the Secretary under section 203(b)(2), the Indian tribe shall submit to the Secretary a proposed Indian trust asset management plan in accordance with paragraph (2). (2) Contents A proposed Indian trust asset management plan shall include provisions that— (A) identify the trust assets that will be subject to the plan; (B) establish trust asset management objectives and priorities for Indian trust assets that are located within the reservation, or otherwise subject to the jurisdiction, of the Indian tribe; (C) allocate trust asset management funding that is available for the Indian trust assets subject to the plan in order to meet the trust asset management objectives and priorities; (D) if the Indian tribe has contracted or compacted functions or activities under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (i) identify the functions or activities that are being performed by the Indian tribe under the contracts or compacts; and (ii) describe the practices and procedures that the Indian tribe will follow; (E) establish procedures for nonbinding mediation or resolution of any dispute between the Indian tribe and the United States relating to the trust asset management plan; (F) include a process for the Indian tribe and the Federal agencies affected by the trust asset management plan to conduct evaluations to ensure that trust assets are being managed in accordance with the plan; and (G) identify any Federal regulations that will be superseded by the plan. (3) Technical assistance and information On receipt of a written request from an Indian tribe, the Secretary shall provide to the Indian tribe any technical assistance and information, including budgetary information, that the Indian tribe determines to be necessary for preparation of a proposed plan. (b) Approval and disapproval of proposed plans (1) Approval (A) In general Not later than 120 days after the date on which an Indian tribe submits a proposed Indian trust asset management plan under subsection (a), the Secretary shall approve or disapprove the proposed plan. (B) Requirements for disapproval The Secretary shall approve a proposed plan unless the Secretary determines that— (i) the proposed plan fails to address a requirement under subsection (a)(2); (ii) the proposed plan includes 1 or more provisions that are inconsistent with subsection (c); or (iii) the cost of implementing the proposed plan exceeds the amount of funding available for the management of trust assets that would be subject to the proposed plan. (2) Action on disapproval (A) Notice If the Secretary disapproves a proposed plan under paragraph (1)(B), the Secretary shall provide to the Indian tribe a written notice of the disapproval, including any reason why the proposed plan was disapproved. (B) Action by tribes If a proposed plan is disapproved under paragraph (1)(B), the Indian tribe may resubmit an amended proposed plan by not later than 90 days after the date on which the Indian tribe receives the notice under subparagraph (A). (3) Failure to approve or disapprove If the Secretary fails to approve or disapprove a proposed plan in accordance with paragraph (1), the plan shall be considered to be approved. (4) Judicial review An Indian tribe may seek judicial review of a determination of the Secretary under this subsection in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (A) the Secretary disapproves the proposed plan of the Indian tribe under paragraph (1); and (B) the Indian tribe has exhausted all other administrative remedies available to the Indian tribe. (c) Applicable laws; standards; trust responsibility (1) Applicable provisions Except as provided in subsection (e), an Indian trust asset management plan, and any activity carried out under the plan, shall not be approved unless the proposed plan is consistent with all treaties, statutes, Executive orders, and court decisions that are applicable to the trust assets, or the management of the trust assets, identified in the plan. (2) Standards Subject to the treaties, statutes, Executive orders, and court decisions referred to in paragraph (1), an Indian trust asset management plan shall not be approved unless the Secretary determines that the plan will— (A) conform, to the maximum extent practicable, to the preferred use of each applicable trust asset by the beneficial owner, unless the use is inconsistent with a provision referred to in paragraph (1); and (B) protect any applicable treaty-based fishing, hunting and gathering, and similar rights relating to the use, access, or enjoyment of a trust asset. (d) Termination of plan (1) In general An Indian tribe may terminate an Indian trust asset management plan on any date after the date on which a proposed Indian trust asset management plan is approved by providing to the Secretary— (A) a notice of the intent of the Indian tribe to terminate the plan; and (B) a resolution of the governing body of the Indian tribe authorizing the termination of the plan. (2) Effective date A termination of an Indian trust asset management plan under paragraph (1) takes effect on October 1 of the first fiscal year following the date on which a notice is provided to the Secretary under paragraph (1)(A). (e) Approval of certain agreements by Indian tribe (1) Definitions In this subsection: (A) Forest land management activity The term forest land management activity 25 U.S.C. 3103(4) (B) Interested party The term interested party (C) Surface leasing transaction The term surface leasing transaction (i) in trust by the United States for the benefit of an Indian tribe; or (ii) in fee by an Indian tribe, subject to restrictions against alienation under Federal law. (2) Approval by Secretary Notwithstanding subsection (c)(1), the Secretary may approve an Indian trust asset management plan that includes a provision authorizing the Indian tribe to enter into, approve, and carry out a surface leasing transaction or forest land management activity without approval of the Secretary, regardless of whether the surface leasing transaction or forest land management activity would require such an approval under otherwise applicable law (including regulations), if— (A) the resolution or other action of the governing body of the Indian tribe referred to in section 203(c)(2)(A) expressly authorizes the inclusion of the provision in the Indian trust asset management plan; and (B) the Indian tribe has adopted regulations expressly incorporated by reference into the Indian trust asset management plan that— (i) with respect to a surface leasing transaction— (I) have been approved by the Secretary pursuant to subsection (h)(4) of the first section of the Act of August 9, 1955 ( 25 U.S.C. 415(h)(4) (II) have not yet been approved by the Secretary in accordance with subclause (I), but that the Secretary determines at or prior to the time of approval under this paragraph meet the requirements of subsection (h)(3) of the first section of that Act ( 25 U.S.C. 415(h)(3) (ii) with respect to forest land management activities, the Secretary determines— (I) are consistent with the regulations of the Secretary adopted under the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. (II) provide for an environmental review process that includes— (aa) the identification and evaluation of any significant effects of the proposed action on the environment; and (bb) a process for ensuring that— (AA) the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed timber resource transaction identified by the Indian tribe; and (BB) the Indian tribe provides responses to relevant and substantive public comments on any such impacts before the Indian tribe approves the timber resource transaction. (3) Types of transactions (A) In general At the discretion of the Indian tribe, an Indian trust asset management plan may authorize the Indian tribe to carry out a surface leasing transaction, a forest land management activity, or both. (B) Selection of specific transactions and activities At the discretion of the Indian tribe, the Indian tribe may include in the integrated resource management plan any 1 or more of the transactions and activities authorized to be included in the plan under subparagraph (A). (4) Technical assistance (A) In general The Secretary may provide technical assistance, on request of an Indian tribe, for development of a regulatory environmental review process required under paragraph (2)(B)(ii)(II). (B) Indian Self-Determination and Education Assistance Act The technical assistance to be provided by the Secretary pursuant to subparagraph (A) may be made available through contracts, grants, or agreements entered into in accordance with, and made available to entities eligible for, contracts, grants, or agreements under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (5) Federal environmental review Notwithstanding paragraph (2), if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe shall have the authority to rely on the environmental review process of the applicable Federal agency, rather than any tribal environmental review process under this subsection. (6) Documentation If an Indian tribe executes a surface leasing transaction or timber resource transaction pursuant to tribal regulations under paragraph (2), the Indian tribe shall provide to the Secretary— (A) a copy of the surface leasing transaction or timber resource transaction documents, including any amendments to, or renewals of, the applicable transaction; and (B) in the case of tribal regulations, a surface leasing transaction, or forest land management activities that allow payments to be made directly to the Indian tribe, documentation of the payments that is sufficient to enable the Secretary to discharge the trust responsibility of the United States under paragraph (7). (7) Trust responsibility (A) In general The United States shall not be liable for losses sustained by any party to a lease executed pursuant to tribal regulations under paragraph (2). (B) Authority of Secretary Pursuant to the authority of the Secretary to fulfill the trust obligation of the United States to Indian tribes under Federal law (including regulations), the Secretary may, on reasonable notice from the applicable Indian tribe and at the discretion of the Secretary, enforce the provisions of, or cancel, any lease executed by the Indian tribe under paragraph (2). (8) Compliance (A) In general An interested party, after exhausting any applicable tribal remedies, may submit to the Secretary a petition, at such time and in such form as the Secretary determines to be appropriate, to review the compliance of an applicable Indian tribe with any tribal regulations approved by the Secretary under this subsection. (B) Violations If the Secretary determines under subparagraph (A) that a violation of tribal regulations has occurred, the Secretary may take any action the Secretary determines to be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases of tribal trust land. (C) Documentation If the Secretary determines under subparagraph (A) that a violation of tribal regulations has occurred and a remedy is necessary, the Secretary shall— (i) make a written determination with respect to the regulations that have been violated; (ii) provide to the applicable Indian tribe a written notice of the alleged violation, together with the written determination; and (iii) prior to the exercise of any remedy, the rescission of the approval of the regulation involved, or the reassumption of the trust asset transaction approval responsibilities, provide to the applicable Indian tribe— (I) a hearing on the record; and (II) a reasonable opportunity to cure the alleged violation. 205. Effect of title (a) Liability Subject to subsection (b), nothing in this title or a trust asset management plan approved under section 204 shall independently diminish, increase, create, or otherwise affect the liability of the United States or an Indian tribe participating in the Project for any loss resulting from the management of an Indian trust asset under an Indian trust asset management plan. (b) Deviation from standard practices The United States shall not be liable to any party (including any Indian tribe) for any term of, or any loss resulting from the terms of, an Indian trust asset management plan that provides for management of a trust asset at a less-stringent standard than the Secretary would otherwise require or adhere to in absence of an Indian trust asset management plan. (c) Effect on other laws Except with respect to any regulation superseded by a trust asset management plan approved under section 204(b), or any tribal regulation included or incorporated by reference in such a plan under section 204(e), nothing in this title amends or otherwise affects the application of any treaty, statute, regulation, Executive order, or court decision that is applicable to Indian trust assets or the management or administration of Indian trust assets. (d) Trust responsibility Nothing in this title enhances, diminishes, or otherwise affects the trust responsibility of the United States to Indian tribes or individual Indians. III Restructuring the Office of the Special Trustee 301. Purpose The purpose of this title is to ensure a more efficient and accountable administration of duties of the Secretary of the Interior with respect to providing services and programs to Indians and Indian tribes, including the management of Indian trust resources. 302. Definitions In this title: (1) BIA The term BIA (2) Department The term Department (3) Secretary The term Secretary (4) Under Secretary The term Under Secretary 303. Under Secretary for Indian Affairs (a) Establishment of position Notwithstanding any other provision of law, the Secretary may establish in the Department the position of Under Secretary for Indian Affairs, who shall report directly to the Secretary. (b) Appointment (1) In general Except as provided in paragraph (2), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (2) Exception The individual serving as the Assistant Secretary for Indian Affairs on the date of enactment of this Act may assume the position of Under Secretary without appointment under paragraph (1), if— (A) that individual was appointed as Assistant Secretary for Indian Affairs by the President, by and with the advice and consent of the Senate; and (B) not later than 180 days after the date of enactment of this Act, the Secretary approves the assumption. (c) Duties In addition to any other duties directed by the Secretary, the Under Secretary shall— (1) coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee to the BIA, or to any other agency or bureau within the Department; (2) to the maximum extent practicable, supervise and coordinate activities and policies of the BIA with activities and policies of— (A) the Bureau of Reclamation; (B) the Bureau of Land Management; (C) the Office of Natural Resources Revenue; (D) the National Park Service; and (E) the United States Fish and Wildlife Service; and (3) provide for regular consultation with Indians and Indian tribes that own interests in trust resources and trust fund accounts. (d) Personnel provisions (1) Appointments The Under Secretary may appoint and fix the compensation of such officers and employees as the Under Secretary determines to be necessary to carry out any function transferred under this section. (2) Requirements Except as otherwise provided by law— (A) any officer or employee described in paragraph (1) shall be appointed in accordance with the civil service laws; (B) the compensation of such an officer or employee shall be fixed in accordance with title 5, United States Code; and (C) in appointing or otherwise hiring any employee, the Under Secretary shall give preference to Indians in accordance with section 12 of the Act of June 18, 1934 ( 25 U.S.C. 472 304. Office of Special Trustee for American Indians (a) Report to Congress Notwithstanding sections 302 and 303 of the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4042 (1) an identification of all functions, other than the collection, management, and investment of Indian trust funds, that the Office of the Special Trustee performs independently or in concert with the BIA or other Federal agencies, specifically those functions that affect or relate to management of nonmonetary trust resources; (2) a description of any functions of the Office of the Special Trustee that will be transitioned to the BIA or other bureaus or agencies within the Department, together with the timeframes for those transfers; and (3) a transition plan and timetable for the termination of the Office of the Special Trustee, to occur not later than 2 years after the date of submission of the report. (b) Fiduciary trust officers Subject to applicable law and regulations, the Secretary, at the request of an Indian tribe or consortia of Indian tribes, shall include fiduciary trust officers in a contract, compact, or cooperative agreement under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. 305. Appraisals and valuations (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with Indian tribes and tribal organizations, shall ensure that appraisals and valuations of Indian trust property are administered by a single bureau, agency, or other administrative entity within the Department. (b) Minimum qualifications Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and publish in the Federal Register minimum qualifications for individuals to prepare appraisals and valuations of Indian trust property. (c) Secretarial approval In any case in which an Indian tribe or Indian beneficiary submits to the Secretary an appraisal or valuation that satisfies the minimum qualifications described in subsection (b), and that submission acknowledges the intent of the Indian tribe or beneficiary to have the appraisal or valuation considered under this section, the appraisal or valuation— (1) shall not require any additional review or approval by the Secretary; and (2) shall be considered to be final for purposes of effectuating the transaction for which the appraisal or valuation is required. 306. Cost savings (a) In general Not later than 60 days after the date of enactment of this Act, for any program, function, service, or activity (or any portion of a program, function, service, or activity) of the Office of the Special Trustee that will not be operated or carried out as a result of a transfer of functions and personnel under this title, the Secretary shall— (1) identify the amounts that the Secretary would otherwise have expended to operate or carry out each program, function, service, and activity (or portion of a program, function, service, or activity); and (2) provide to the tribal representatives of the Tribal/Interior Budget Council or the representative of any other appropriate entity that advises the Secretary on Indian program budget or funding issues a list that describes— (A) the programs, functions, services, and activities (or any portion of a program, function, service, or activity) identified under paragraph (1); and (B) the amounts associated with each program, function, service, and activity (or portion of a program, function, service, or activity). (b) Tribal recommendations Not later than 90 days after the date of receipt of a list under subsection (a)(2), the tribal representatives of the Tribal/Interior Budget Council and the representatives of any other appropriate entities that advise the Secretary on Indian program budget or funding issues may provide recommendations regarding how any amounts or cost savings should be reallocated, incorporated into future budget requests, or appropriated to— (1) the Secretary; (2) the Office of Management and Budget; (3) the Committee on Appropriations of the House of Representatives; (4) the Committee on Natural Resources of the House of Representatives; (5) the Committee on Appropriations of the Senate; and (6) the Committee on Indian Affairs of the Senate.

Indian Trust Asset Reform Act

Government Settlement Transparency and Reform Act - Amends the Internal Revenue Code to expand provisions relating to the nondeductibility of fines and penalties, to prohibit a tax deduction for any amount paid or incurred to any governmental entity relating to the violation of any law or the investigation or inquiry into a potential violation of law. Exempts from such prohibition: (1) restitution or amounts paid to come into compliance with any law that was violated or otherwise involved in the investigation or inquiry, (2) amounts paid pursuant to a court order in a suit in which the governmental entity was not a party, and (3) amounts paid or incurred as taxes due. Imposes new reporting requirements on governmental entities relating to amounts paid as fines or for restitution.

114 S413 IS: Government Settlement Transparency and Reform Act U.S. Senate 2015-02-09 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. 413 IN THE SENATE OF THE UNITED STATES February 9, 2015 Mr. Reed Mr. Grassley Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to deny tax deductions for corporate regulatory violations. 1. Short title This Act may be cited as the Government Settlement Transparency and Reform Act 2. Denial of deduction for certain fines, penalties, and other amounts (a) In General Subsection (f) of section 162 (f) Fines, Penalties, and Other Amounts (1) In general Except as provided in the following paragraphs of this subsection, no deduction otherwise allowable shall be allowed under this chapter for any amount paid or incurred (whether by suit, agreement, or otherwise) to, or at the direction of, a government or governmental entity in relation to the violation of any law or the investigation or inquiry by such government or entity into the potential violation of any law. (2) Exception for amounts constituting restitution or paid to come into compliance with law (A) In general Paragraph (1) shall not apply to any amount that— (i) the taxpayer establishes— (I) constitutes restitution (including remediation of property) for damage or harm which was or may be caused by the violation of any law or the potential violation of any law, or (II) is paid to come into compliance with any law which was violated or otherwise involved in the investigation or inquiry described in paragraph (1), (ii) is identified as restitution or as an amount paid to come into compliance with such law, as the case may be, in the court order or settlement agreement, and (iii) in the case of any amount of restitution for failure to pay any tax imposed under this title in the same manner as if such amount were such tax, would have been allowed as a deduction under this chapter if it had been timely paid. The identification under clause (ii) alone shall not be sufficient to make the establishment required under clause (i). (B) Limitation Subparagraph (A) shall not apply to any amount paid or incurred as reimbursement to the government or entity for the costs of any investigation or litigation. (3) Exception for amounts paid or incurred as the result of certain court orders Paragraph (1) shall not apply to any amount paid or incurred by reason of any order of a court in a suit in which no government or governmental entity is a party. (4) Exception for taxes due Paragraph (1) shall not apply to any amount paid or incurred as taxes due. (5) Treatment of certain nongovernmental regulatory entities For purposes of this subsection, the following nongovernmental entities shall be treated as governmental entities: (A) Any nongovernmental entity which exercises self-regulatory powers (including imposing sanctions) in connection with a qualified board or exchange (as defined in section 1256(g)(7)). (B) To the extent provided in regulations, any nongovernmental entity which exercises self-regulatory powers (including imposing sanctions) as part of performing an essential governmental function. . (b) Effective Date The amendment made by this section shall apply to amounts paid or incurred on or after the date of the enactment of this Act, except that such amendments shall not apply to amounts paid or incurred under any binding order or agreement entered into before such date. Such exception shall not apply to an order or agreement requiring court approval unless the approval was obtained before such date. 3. Reporting of deductible amounts (a) In general Subpart B of part III of subchapter A of chapter 61 6050X. Information with respect to certain fines, penalties, and other amounts (a) Requirement of reporting (1) In general The appropriate official of any government or any entity described in section 162(f)(5) which is involved in a suit or agreement described in paragraph (2) shall make a return in such form as determined by the Secretary setting forth— (A) the amount required to be paid as a result of the suit or agreement to which paragraph (1) of section 162(f) applies, (B) any amount required to be paid as a result of the suit or agreement which constitutes restitution or remediation of property, and (C) any amount required to be paid as a result of the suit or agreement for the purpose of coming into compliance with any law which was violated or involved in the investigation or inquiry. (2) Suit or agreement described (A) In general A suit or agreement is described in this paragraph if— (i) it is— (I) a suit with respect to a violation of any law over which the government or entity has authority and with respect to which there has been a court order, or (II) an agreement which is entered into with respect to a violation of any law over which the government or entity has authority, or with respect to an investigation or inquiry by the government or entity into the potential violation of any law over which such government or entity has authority, and (ii) the aggregate amount involved in all court orders and agreements with respect to the violation, investigation, or inquiry is $600 or more. (B) Adjustment of reporting threshold The Secretary may adjust the $600 amount in subparagraph (A)(ii) as necessary in order to ensure the efficient administration of the internal revenue laws. (3) Time of filing The return required under this subsection shall be filed at the time the agreement is entered into, as determined by the Secretary. (b) Statements To be furnished to individuals involved in the settlement Every person required to make a return under subsection (a) shall furnish to each person who is a party to the suit or agreement a written statement showing— (1) the name of the government or entity, and (2) the information supplied to the Secretary under subsection (a)(1). The written statement required under the preceding sentence shall be furnished to the person at the same time the government or entity provides the Secretary with the information required under subsection (a). (c) Appropriate official defined For purposes of this section, the term appropriate official . (b) Conforming amendment The table of sections for subpart B of part III of subchapter A of chapter 61 Sec. 6050X. Information with respect to certain fines, penalties, and other amounts. . (c) Effective Date The amendments made by this section shall apply to amounts paid or incurred on or after the date of the enactment of this Act, except that such amendments shall not apply to amounts paid or incurred under any binding order or agreement entered into before such date. Such exception shall not apply to an order or agreement requiring court approval unless the approval was obtained before such date.

Government Settlement Transparency and Reform Act

Start-up Jobs and Innovation Act - Amends the Internal Revenue Code to: (1) make permanent the increase to $500,000 of the expensing allowance for business assets, including computer software, and the treatment of qualified real property as depreciable business property; (2) make permanent the 100% exclusion from gross income of gain from the sale or exchange of small business stock; (3) increase and equalize the tax deduction for business start-up expenses and organizational expenditures; (4) increase from $5 million to $10 million the gross receipt test used to determine the eligibility of small businesses to use simplified cash accounting and inventory rules; and (5) exempt from passive loss rules any research activity carried on by a high technology research small business pass-thru entity.

114 S341 IS: Start-up Jobs and Innovation Act U.S. Senate 2015-02-03 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 114th CONGRESS 1st Session S. 341 IN THE SENATE OF THE UNITED STATES February 3, 2015 Mr. Toomey Mr. Menendez Mr. Roberts Mr. Carper Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make permanent certain small business tax provisions, and for other purposes. 1. Short title This Act may be cited as the Start-up Jobs and Innovation Act 2. Permanent extension of increased expensing limitation (a) Dollar limitation Section 179(b)(1) shall not exceed shall not exceed $500,000. (b) Reduction in limitation Section 179(b)(2) (1) by striking subparagraph (C), (2) by striking , and (3) by striking the comma at the end of subparagraph (A) and inserting , and (4) by inserting beginning before 2016 The limitation under paragraph (1) for any taxable year (c) Adjustment for inflation Subsection (b) of section 179 (6) Adjustment for inflation In the case of any taxable year beginning after December 31, 2016, the $500,000 amount in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2014 calendar year 1992 If any amount as increased under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. . (d) Computer software Section 179(d)(1)(A)(ii) and before 2015 (e) Election Section 179(c)(2) and before 2015 (f) Special rules for treatment of qualified real property (1) In general Section 179(f)(1) beginning after 2009 and before 2015 beginning after 2009 (2) Repeal of limitation Section 179(f) of such Code is amended by striking paragraph (3). (3) Conforming amendment Section 179(f) of such Code is amended by striking paragraph (4). (g) Effective date The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2014. 3. Permanent full exclusion applicable to qualified small business stock (a) In general Paragraph (4) of section 1202(a) (1) by striking and before January 1, 2015 (2) by striking certain periods in 2010, 2011, 2012, 2013, and 2014 certain periods after 2009 (b) Conforming amendments (1) The heading for section 1202 partial (2) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking Partial exclusion Exclusion (3) Section 1223(13) of such Code is amended by striking 1202(a)(2), (c) Increase in gross asset threshold (1) In general Paragraph (1) of section 1202(d) $50,000,000 $150,000,000 (2) Adjustment for inflation Subsection (d) of section 1202 of such Code is amended by adding at the end the following new paragraph: (4) Adjustment for inflation In the case of any taxable year beginning after December 31, 2016, the $150,000,000 amount in subparagraphs (A) and (B) of 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 If any amount as increased under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. . (d) Effective date The amendments made by this section shall apply to stock acquired after December 31, 2015. 4. Unification of deduction for start-up and organizational expenditures (a) In general Subsection (a) of section 195 and organizational start-up (b) Organizational expenditures Subsection (c) of section 195 (3) Organizational expenditures The term organizational expenditures (A) is incident to the creation of a corporation or a partnership, (B) is chargeable to capital account, and (C) is of a character which, if expended incident to the creation of a corporation or a partnership having a limited life, would be amortizable over such life. . (c) Dollar amounts Clause (ii) of section 195(b)(1)(A) (1) by striking $5,000 $10,000 (2) by striking $50,000 $60,000 (d) Adjustment for inflation Paragraph (3) of section 195(b) is amended to read as follows: (3) Adjustment for inflation In the case of any taxable year beginning after December 31, 2016, the $10,000 and $60,000 amounts in paragraph (1)(A)(ii) 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, by substituting calendar year 2015 calendar year 1992 If any amount as increased under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. . (e) Conforming amendments (1) Section 195(b)(1) (A) by inserting (or, in the case of a partnership, the partnership elects) If a taxpayer elects (B) by inserting (or the partnership, as the case may be) the taxpayer (C) by inserting or organizational start-up (2) Section 195(b)(2) of such Code is amended— (A) by striking amortization period.— amortization period.— (A) In general In any case , and (B) by adding at the end the following new subparagraph: (B) Special partnership rule In the case of a partnership, subparagraph (A) shall be applied at the partnership level. . (3) (A) Part VIII of subchapter B of chapter 1 of such Code is amended by striking section 248. (B) Section 170(b)(2)(C)(ii) of such Code is amended by striking (except section 248) (C) Section 312(n)(3) of such Code is amended by striking Sections 173 and 248 Section 173 (D) Section 535(b)(3) of such Code is amended by striking (except section 248) (E) Section 545(b)(3) of such Code is amended by striking (except section 248) (F) Section 834(c)(7) of such Code is amended by striking (except section 248) (G) Section 852(b)(2)(C) of such Code is amended by striking (except section 248) (H) Section 857(b)(2)(A) of such Code is amended by striking (except section 248) (I) Section 1363(b) of such Code is amended by inserting and (J) Section 1375(b)(1)(B)(i) of such Code is amended by striking (other than the deduction allowed by section 248, relating to organization expenditures) (K) The table of sections for part VIII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 248. (4) Part I of subchapter K of chapter 1 of such Code is amended by striking section 709. (5) The table of sections for part I of subchapter K of chapter 1 of such Code is amended by striking the item relating to section 709. (f) Clerical amendments (1) The heading of section 195 expenditures and organizational expenditures (2) The item relating to section 195 in the table of contents of part VI of subchapter B of chapter 1 of such Code is amended to read as follows: Sec. 195. Start-up and organizational expenditures. . (g) Effective date The amendments made by this section shall apply to expenses paid or incurred after December 31, 2015. 5. Expansion of gross receipts test (a) In general Paragraph (1) of section 448(c) (1) by striking the $5,000,000 gross receipts test the gross receipts test (2) by striking does not exceed $5,000,000 does not exceed $10,000,000 (b) Adjustment for inflation Subsection (c) of section 448 (4) Adjustment for inflation In the case of any taxable year beginning after December 31, 2016, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2015 calendar year 1992 If any amount as increased under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. . (c) Conforming amendments (1) Paragraph (3) of section 448(b) the $5,000,000 gross receipts test the gross receipts test (2) The heading for paragraph (3) of section 448(b) of such Code is amended by striking with gross receipts of not more than $5,000,000 that pass gross receipts test (3) The heading for subsection (c) of section 448 of such Code is amended by striking $5,000,000 gross Gross (4) Clause (iii) of section 172(b)(1)(F) of such Code is amended by inserting , applied by substituting $5,000,000 $10,000,000 section 448(c) (5) Subclause (II) of section 172(b)(1)(H)(v) of such Code is amended by striking $5,000,000 $10,000,000 (d) Effective date and special rules (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2015. (2) Change in method of accounting In the case of any taxpayer changing the taxpayer’s method of accounting for any taxable year under the amendments made by this section— (A) such change shall be treated as initiated by the taxpayer; and (B) such change shall be treated as made with the consent of the Secretary of the Treasury. 6. Clarification of inventory and accounting rules for small business (a) Cash accounting permitted Section 446 (g) Certain small business taxpayers permitted To use cash accounting method without limitation (1) In general With respect to an eligible taxpayer who uses the cash receipts and disbursements method for any taxable year, such method shall be deemed to clearly reflect income and the taxpayer shall not be required to use an accrual method. (2) Eligible taxpayer For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if— (A) for all prior taxable years beginning after December 31, 2015, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and (B) the taxpayer is not subject to section 447 or 448. . (b) Inventory rules (1) In general Section 471 (c) Small business taxpayers not required To use inventories (1) In general A qualified taxpayer shall not be required to use inventories under this section for a taxable year. (2) Treatment of taxpayers not using inventories If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2015, such property shall be treated as a material or supply which is not incidental. (3) Qualified taxpayer For purposes of this subsection, the term qualified taxpayer (A) any eligible taxpayer (as defined in section 446(g)(2)), and (B) any taxpayer described in section 448(b)(3). . (2) Increased eligibility for simplified dollar-value LIFO method Section 474(c) of such Code is amended by striking $5,000,000 $10,000,000 (3) Conforming amendment Subsection (c) of section 263A of such Code is amended by adding at the end the following new paragraph: (7) Exclusion from inventory rules Nothing in this section shall require the use of inventories for any taxable year by a qualified taxpayer (within the meaning of section 471(c)) who is not required to use inventories under section 471 for such taxable year. . (c) Effective date and special rules (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2015. (2) Change in method of accounting In the case of any taxpayer changing the taxpayer’s method of accounting for any taxable year under the amendments made by this section— (A) such change shall be treated as initiated by the taxpayer; and (B) such change shall be treated as made with the consent of the Secretary of the Treasury. 7. Exception from passive loss rules for investments in high technology research small business pass-thru entities (a) In general Subsection (c) of section 469 is amended by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively, and by inserting after paragraph (3) the following new paragraph: (4) High technology research activities (A) In general The term passive activity (B) Treatment of losses and deductions (i) In general Losses or deductions of a taxpayer in connection with qualified research activities carried on by a high technology research small business pass-thru entity shall not be treated as losses or deductions, respectively, from a passive activity except as provided in clause (ii) and subparagraph (C). (ii) Limitation Clause (i) shall apply to losses and deductions of a taxpayer in connection with a high technology small business pass-thru entity for a taxable year only to the extent that the aggregate losses and deductions of the taxpayer in connection with qualified research activities of such entity for such taxable year do not exceed the portion of the taxpayer's adjusted basis in the taxpayer's ownership interest in such entity that is attributable to money or other property contributed— (I) in exchange for such ownership interest, and (II) specifically for use in connection with qualified research activities. For purposes of the preceding sentence, the taxpayer's basis shall not include any portion of such basis which is attributable to an increase in a partner's share of the liabilities of a partnership that is considered under section 752(a) as a contribution of money. (C) Treatment of carryovers Subparagraph (B)(i) shall not apply to the portion of any loss or deduction that is carried over under subsection (b) into a taxable year other than the taxable year in which such loss or deduction arose. (D) Qualified research activity For purposes of this paragraph, the term qualified research activity (E) High technology research small business pass-thru entity For purposes of this paragraph, the term high technology research small business pass-thru entity (i) either— (I) more than 75 percent of the entity’s expenditures (including salaries, rent and overhead) for such taxable year are paid or incurred in connection with qualified research (within the meaning of section 41(d)(1)(B), taking into account paragraphs (3) and (4) of section 41(d)) that involves a process of experimentation conducted by the entity, or (II) more than 50 percent of the entity’s expenditures for such taxable year constitute qualified research expenses (as defined in section 41(b), but determined without regard to the phrase 65 percent of (ii) such entity is a small business (within the meaning of section 41(b)(3)(D)(iii), applied by substituting 250 500 (iii) at no time during the taxable year does the entity have aggregate gross assets in excess of $150,000,000. (F) Provisions related to aggregate gross assets limitation For purposes of this paragraph— (i) In general Except as otherwise provided in this subparagraph, the term aggregate gross assets (ii) Exception for certain intangibles Any section 197 intangible (as defined in section 197(d) and determined without regard to section 197(e)) which is used directly in connection with the research referred to in subparagraph (E)(i) shall not be taken into account in determining aggregate gross assets. (iii) Exception for certain follow-on investments Cash from a sale of equity interests shall not be taken into account in determining aggregate gross assets if— (I) the aggregate gross assets of such entity (determined immediately after such sale and without regard to this clause) do not exceed the sum of $150,000,000, plus 25 percent of the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause), and (II) the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause) do not exceed $150,000,000. Sales of equity interests which are part of the same plan or arrangement, or which are carried out with the principal purpose of increasing the amount of cash to which this clause applies (determined without regard to this sentence), shall be treated as a single sale for purposes of this clause. (iv) Inflation adjustment In the case of any taxable year beginning after 2016, the $150,000,000 amount in subparagraph (E)(iii) and subclauses (I) and (II) of clause (iii) shall each 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 2015 calendar year 1992 Any increase determined under the preceding sentence shall be rounded to the nearest $100,000. (G) Capital expenditures taken into account for expenditures test An expenditure shall not fail to be taken into account under subparagraph (E)(i) merely because such expenditure is chargeable to capital account. (H) Pass-thru entity For purposes of this paragraph, the term pass-thru entity (I) Aggregation rules (i) In general All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single entity for purposes of subparagraphs (E) and (F)(iii). (ii) Limitation where entity would not qualify No entity shall be treated as a high technology research small business pass-thru entity unless such entity qualifies as such both with and without the application of clause (i). (J) Activities not engaged in for profit and economic substance rules Section 183 and the economic substance rules of section 7701(o) shall not apply to disallow the losses, deductions, and credits of a high technology research small business pass-thru entity solely as a result of losses incurred by such entity. . (b) Material participation not required Paragraph (5) of section 469(c) of such Code, as redesignated by subsection (a), is amended by striking and (3) , (3), and (4) (c) Certain research-Related deductions and credits of high technology research small business pass-Thru entities allowed for purposes of determining alternative minimum tax (1) Deduction for research and experimental expenditures Paragraph (2) of section 56(b) of such Code is amended by adding at the end the following new subparagraph: (E) Exception for high technology research small business pass-thru entities In the case of a high technology research small business pass-thru entity (as defined in section 469(c)(4)), this paragraph shall not apply to any amount allowable as a deduction under section 174(a). . (2) Allowance of certain research-related credits Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (ii) through (ix) as clauses (iii) through (x), respectively, and by inserting after clause (i) the following new clause: (ii) the credits of an individual taxpayer determined under section 41 to the extent attributable to a high technology research small business pass-thru entity (as defined in section 469(c)(4)), . (d) Exception to limitation on pass-Thru of research credit Subsection (g) of section 41 of such Code is amended by adding at the end the following: Paragraphs (2) and (4) shall not apply with respect to any high technology research small business pass-thru entity (as defined in section 469(c)(4)). (e) Effective date The amendments made by this section shall apply to losses and credits arising in taxable years beginning on or after the date of the enactment of this Act.

Start-up Jobs and Innovation Act

Write the Laws Act - Prohibits an Act of Congress from containing any delegation of legislative powers, whether to: (1) any component within the legislative branch, (2) the President or any other member of the executive branch, (3) the judicial branch, (4) any agency, (5) any quasi-public agency, (6) any state or state instrumentality, or (7) any other organization or individual. Excludes from the meaning of delegation of legislative powers the issuance of presidential proclamations, or issuance of rules or regulations governing the internal operation of federal agencies, or conditions made upon grants or contracts issued by agencies. Prohibits the promulgation or putting into effect of any new presidential directive, adjudicative decision, rule, or regulation, or change to an existing presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any individual or entity, other than a federal officer or employee, unless it is authorized by an Act of Congress that complies with this Act. Requires the Comptroller General (GAO) to identify to Congress all statutes enacted within 90 days after enactment of this Act which contain any delegation of legislative powers prohibited by it. Denies any force or effect to any Act of Congress, presidential directive, adjudicative decision, rule, or regulation noncompliant with this Act. Prohibits any legal, equitable, regulatory, civil, or criminal action from being brought under such an Act, adjudicative decision, rule, or regulation. Grants persons aggrieved by the action of any executive branch officer or employee the right to bring an action against the United States to seek appropriate relief, including an injunction against enforcement of any Act of Congress, presidential directive, adjudicative decision, rule, or regulation noncompliant with this Act.

114 S1575 IS: Write the Laws Act U.S. Senate 2015-06-15 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. 1575 IN THE SENATE OF THE UNITED STATES June 15, 2015 Mr. Paul Committee on Homeland Security and Governmental Affairs A BILL To end the unconstitutional delegation of legislative power which was exclusively vested in the Senate and House of Representatives by article I, section 1 of the Constitution of the United States, and to direct the Comptroller General of the United States to issue a report to Congress detailing the extent of the problem of unconstitutional delegation to the end that such delegations can be phased out, thereby restoring the constitutional principle of separation of powers set forth in the first sections of the Constitution of the United States. 1. Short title This Act may be cited as the Write the Laws Act 2. Constitutional authority statement (a) In general This Act is enacted pursuant to the powers conferred by the Constitution of the United States upon Congress by— (1) article I, section 1, which vests in Congress all legislative powers granted under the Constitution; and (2) article I, section 8, clause 18, which vests in Congress the power to make all laws that shall be necessary and proper for executing the legislative power granted to Congress in the Constitution. (b) Other authority This Act is also enacted to bring the enforcement of Federal law into compliance with the guarantee under the Fifth Amendment to the Constitution of the United States that no person be deprived of life, liberty, or property without due process of law. 3. Findings Congress finds the following: (1) Article I, section 1 of the Constitution of the United States vests the legislative powers enumerated therein in Congress, consisting of a Senate and a House of Representatives, subject only to the veto power of the President as provided in article I, section 7, clause 2. (2) Article II, section 1 of the Constitution of the United States vests the executive power of the United States in a President. (3) Article III, section 1 of the Constitution of the United States vests the judicial power of the United States in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish (4) As the Supreme Court of the United States has stated, In the main, [the Constitution of the United States] has blocked out with singular precision, and in bold lines, in its three primary Articles, the allotment of power to the executive, the legislative, and judicial departments of the government [and] the powers confided by the Constitution to one of these departments cannot be exercised by another. (5) It is … essential to the successful working of this system, that the persons entrusted with power in any one of these branches shall not be permitted to encroach upon the powers confided to others, but that each shall by the law of its creation be limited to the exercise of the powers … of its own department and no other. (6) The increase in the number of States, in their population and wealth, and in the amount of power … [has] present[ed] powerful and growing temptations to those to whom that exercise is intrusted, to overstep the just boundaries of their own department, and enter upon the domain of one of the others, or to assume powers not intrusted to either of them. (7) Succumbing to these powerful and growing (A) the exercise of legislative power vested by the Constitution of the United States in Congress; (B) the exercise of executive power vested by the Constitution of the United States in the President; and (C) the exercise of judicial power vested by the Constitution of the United States in the Supreme Court and lower Federal courts. (8) By delegating legislative, executive, and judicial power to the various administrative agencies, Congress has departed from the separation of powers structure of the Constitution of the United States, and ignored the warning of the framers of that instrument that The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. (9) Further, by delegating legislative, executive, and judicial powers to various administrative agencies, Congress has unconstitutionally established a Star Chamber-like system of rules promulgated, executed, and adjudicated by administrative agencies that are functionally a part of the executive branch of the Federal Government in violation of the due process guarantee of the Fifth Amendment to the Constitution of the United States. (10) By the very nature of legislative power, and by the express terms of article I, section 1 of the Constitution of the United States, Congress may not delegate any legislative power to any other branch of the Federal Government or other entity, including any administrative agency. As Chief Justice John Marshall stated: It will not be contended that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative. (11) As Chief Justice Melville Fuller explained, a criminal offense is fully and completely defined by the act (12) By vesting legislative power in the Congress, the Constitution requires the Senate and the House of Representatives to enact statutes containing general rules to be executed by the President, as provided in article II, section 1 of the Constitution of the United States, and to be adjudicated in a case or controversy by such inferior courts as Congress may from time to time establish, or in the Supreme Court, as provided in article III, sections 1 and 2. (13) By abdicating its constitutional legislative responsibility to write the laws whereby the people are governed, and having unconstitutionally delegated that power to unelected bureaucrats, Congress has undermined the constitutional protections of— (A) the checks and balances of a bicameral legislative body; and (B) a Presidential veto. (14) As a direct consequence of Congress having abdicated its responsibility to properly exercise the legislative power vested by the Constitution of the United States, Congress has— (A) imposed onerous and unreasonable burdens upon the American people; and (B) violated the constitutional principle of the separation of the legislative, executive, and judicial processes and functions. 4. Restoring the separation of powers (a) In general Title 1 of the United States Code is amended by inserting after chapter 2 the following: 2A Separation of powers Sec. 151. Nondelegation of legislative power. 152. Enforcement clause. 153. Applicability. 151. Nondelegation of legislative power (a) Definition In this section, the term delegation of legislative powers (1) includes— (A) the creation or clarification of any criminal or civil offense; and (B) the creation or clarification of any non-criminal regulation, prohibition or limitation applicable to the public, or some subset thereof, that is not fully and completely defined in an Act of Congress, except that the executive branch of government may be delegated authority to make factual findings that will determine the date upon which such an Act is implemented, suspended, or revived; and (2) does not include the issuance of any Presidential proclamation, or the issuance of any rule or regulation governing the internal operation of any agency, or conditions made upon grants or contracts issued by any agency. (b) Prohibition An Act of Congress may not contain any delegation of legislative powers, whether to— (1) any component within the legislative branch of the Federal Government; (2) the President or any other member of the executive branch of the Federal Government; (3) the judicial branch of the Federal Government; (4) any agency; (5) any quasi-public agency; (6) any State or instrumentality thereof; or (7) any other organization or individual. (c) Executive actions No new Presidential directive, adjudicative decision, rule, or regulation, or change to an existing Presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any individual or entity, other than an officer or employee of the Federal Government, may be promulgated or put into effect, unless the directive, decision, rule, or regulation is authorized by an Act of Congress that complies with subsection (b). (d) Report Not later than 6 months after the date of enactment of this chapter, the Comptroller General of the United States shall submit to Congress a report identifying all statutes enacted before the date that is 90 days after the date of enactment of this chapter which contain any delegation of legislative powers prohibited under this section. 152. Enforcement clause (a) In general An Act of Congress, Presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151 shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress, Presidential directive, adjudicative decision, rule, or regulation. (b) Cause of action Any person aggrieved by any action of any officer or employee in the executive branch of the Federal Government under any Act of Congress that does not comply with section 151 may bring a cause of action under sections 2201 and 2202 of title 28 against the United States to seek appropriate relief, including an injunction against enforcement of any Act of Congress, Presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151. (c) Standard of review In any action brought under subsection (b), the standard of review shall be de novo. 153. Effective date This chapter shall apply to any Act of Congress, Presidential directive, adjudicative decision, rule, or regulation, change to an existing Presidential directive, adjudicative decision, rule, or regulation, enacted or promulgated on or after the date that is 90 days after the date of enactment of this chapter. . (b) Technical and conforming amendment The table of chapters for title 1, United States Code, is amended by inserting after the item relating to chapter 2 the following: 2A. Separation of powers 151 . 5. Severability clause If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected.

Write the Laws Act

One Subject at a Time Act - Requires: (1) each bill or joint resolution to embrace no more than one subject, and (2) the subject to be clearly and descriptively expressed in the measure's title. Prohibits an appropriations bill from containing any general legislation or change of existing law requirement, if its subject is not germane to the subject of such bill. Declares void: (1) an entire Act or joint resolution if its title addresses two or more unrelated subjects, (2) provisions in legislation not clearly and descriptively expressed in the measure's title, (3) appropriation provisions in legislation outside the relevant subcommittee's jurisdiction, and (4) provisions of appropriation bills not germane to their subject matter. Grants aggrieved persons and Members of Congress the right to bring an action against the United States to seek appropriate relief, including an injunction against the enforcement of any law the passage of which did not conform to this Act.

114 S1572 IS: One Subject at a Time Act U.S. Senate 2015-06-15 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. 1572 IN THE SENATE OF THE UNITED STATES June 15, 2015 Mr. Paul Committee on Rules and Administration A BILL To end the practice of including more than one subject in a single bill by requiring that each bill enacted by Congress be limited to only one subject, and for other purposes. 1. Short title This Act may be cited as the One Subject at a Time Act 2. One subject at a time (a) One subject Each bill or joint resolution shall embrace no more than one subject. (b) Subject in title The subject of a bill or joint resolution shall be clearly and descriptively expressed in the title. (c) Appropriation bills An appropriations bill shall not contain any general legislation or change of existing law provision, the subject of which is not germane to the subject matter of each such appropriations bill; provided, however, that this section shall not be construed to prohibit any provision imposing limitations upon the expenditure of funds so appropriated. 3. Enforcement (a) Multiple subjects in title If the title of an Act or joint resolution addresses two or more unrelated subjects, then the entire Act or joint resolution is void. (b) Provisions not expressed in title If the title of an Act or joint resolution addresses a single subject, but the Act contains one or more provisions concerning a subject that is not clearly and descriptively expressed in its title, then only such provision or provisions concerning the subject not clearly and descriptively expressed in the title shall be void. (c) Appropriation provisions outside subcommittee jurisdiction If an Act appropriating funds contains a provision outside of the jurisdiction of the relevant subcommittee of the Committees on Appropriations of the House of Representatives and of the Senate, and therefore outside the subject of the bill, then such provision shall be void. (d) Provisions of appropriation bills not germane to subject matter If an Act appropriating funds contains general legislation or change of existing law provision not germane to the subject matter of such bill, then each and every such provision shall be void. (e) Commencement of an action Any person aggrieved by the enforcement of, or attempt or threat of enforcement of, an Act passed without having complied with section 2 or this section, or any Member of Congress aggrieved by the failure of the House of Congress of which that individual is a member to comply with any requirement of those sections, shall, regardless of the amount in controversy, have a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to section 2 or this section. (f) State of review In any judicial action brought pursuant to subsection (e), the standard of review shall be de novo.

One Subject at a Time Act

Read the Bills Act - Requires any bill or resolution introduced in either chamber of Congress to contain a provision citing the specific powers granted to Congress in the Constitution to enact the proposed measure, including all of its provisions. Requires any measure introduced in either chamber, intended to amend or modify the effect of, or which would have such an effect, any current provision of law, including its expiration date, to set forth: (1) the current version of the entire section of the current law that the measure proposes to amend, verbatim; (2) the amendments being proposed by the measure; and (3) the section of law as it would read as modified by such amendments. Excludes measures which would strike the text of an entire section of a law. Prohibits the Clerk of the House of Representatives or the Secretary of the Senate from accepting legislation if it is noncompliant with these requirements. Applies such requirements to any legislation presented for consideration on the floor of either chamber. Prohibits any noncompliant measure from being submitted for a vote on final passage. Prohibits either chamber or Congress jointly from waiving or modifying these requirements. Bars a vote on final passage of a measure (except private bills) from occurring in either chamber, unless: (1) the full text of the measure is published at least seven days before the vote on an official website of each chamber, (2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the respective website within six days before the Monday of such week, and (3) there is a reading of its full text verbatim by the Clerk or the Secretary to the respective chamber. Requires a Member of Congress, before voting in favor of final passage of any measure (except a private bill) to sign an affidavit, executed under penalty of perjury, that the Member either: (1) was present throughout the entire reading of each such measure, and listened attentively to such reading in its entirety; or (2) before such vote, read attentively each such measure in its entirety. Prohibits either chamber or Congress jointly from waiving or modifying this requirement. Declares that an Act of Congress noncompliant with this Act shall have no force or effect. Bars any legal, equitable, regulatory, civil, or criminal action from being brought under such Act. Grants the following aggrieved individuals the right to bring an action against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to this Act: (1) persons aggrieved by an action of any executive officer or employee, (2) Members of Congress, and (3) persons individually aggrieved by the failure of his or her Senator or Member of the House of Representatives to fulfill their obligation under this Act.

114 S1571 IS: Read the Bills Act U.S. Senate 2015-06-15 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. 1571 IN THE SENATE OF THE UNITED STATES June 15, 2015 Mr. Paul Committee on Rules and Administration A BILL To preserve the constitutional authority of Congress and ensure accountability and transparency in legislation. 1. Short title This Act may be cited as the Read the Bills Act 2. Constitutional authority statement (a) In general This Act is enacted pursuant to the power conferred by the Constitution of the United States upon each House of Congress by— (1) article I, section 5, clauses 2 and 3 to determine the rules and keep a journal of its proceedings, respectively; (2) article I, section 7, clause 2 to ensure that bills that become law have been actually passed by, not just passed through, each House of Congress; and (3) article I, section 8, clause 18, which authorizes Congress to make all laws that are necessary and proper for carrying into execution the rules of each House of Congress. (b) Standing provision The provision of this Act under which any person who is aggrieved by the enforcement of any law enacted either in violation of the rules of proceedings of either House of Congress, or by the suspension of the rules, as prescribed herein, shall have standing in a court of law, is enacted pursuant to article III, section 2 of the Constitution of the United States. 3. Findings Congress finds the following: (1) The Constitution of the United States vests all legislative powers granted therein in Congress. (2) Each Member of Congress is elected by the people to whom the Member is accountable, and Members must represent the people of their respective State or District in exercising their legislative powers. (3) Establishing a Government of enumerated powers, article I, section 1 of the Constitution of the United States obliges Congress to exercise only those legislative powers provided for in the Constitution of the United States, and article VI of the Constitution of the United States requires that each Member of Congress be bound by oath or affirmation to support the Constitution of the United States by enacting only those laws, and making only those resolutions, that are pursuant to the Constitution of the United States and not prohibited thereby. (4) To ensure that Congress is politically and legally accountable to the people, article I, section 5 of the Constitution of the United States requires each House of Congress to keep a journal of its proceedings and from time to time publish the same. (5) To ensure that no legislation is passed without effective representation of the interests of the people by the elected Members of Congress, article I, section 7 of the Constitution of the United States provides that only a bill “which shall have passed the House of Representatives and the Senate,” and not vetoed by the President, shall become a law (6) According to section I of the Manual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801 (referred to in this section as Jefferson's Manual (7) According to sections XXII and XL of Jefferson's Manual, it was the rule of the Senate that every bill receive 3 readings, 2 full readings by the Clerk of the Senate, and a third reading of the title of the bill only, because “every member of the Senate had a printed copy [of the bill] in his hand.”. (8) According to sections XXIV, XXV, and XL of Jefferson's Manual, it was the rule of the House of Representatives, following the parliamentary procedure of the English House of Commons, that every bill receive 2 full readings by the Clerk of the House of Representatives, and a reading of the whole contents of the bill verbatim by the Speaker of the House of Representatives before the House of Representatives voted on the bill. (9) Under the current rules of the Senate, the Senate has departed from its original practice of a full first and second reading of each bill, and of ensuring that each Senator has a printed or other verbatim copy of each bill before passage thereof, having by rule XIV of the Standing Rules of the Senate limited each reading of a bill to the reading of the title of the bill only, unless the Senate in any case shall otherwise order. (10) Under the current rules of the House of Representatives, the House of Representatives has by rule XVI (8) and rule XVIII (5) embraced its original practice of full first and second readings of each bill, but has regularly departed from this practice by unanimous consent of the House of Representatives, and has dispensed altogether its original practice of a verbatim third reading of each bill before passage, limiting such third reading to the reading of the title only, including the reading of the title only even when Members of the House of Representatives have no printed or other verbatim copy of the bill before passage. (11) Although section 106 of title 1, United States Code, requires a bill to be made available in written form to each Member of Congress before final passage, Congress has by statute conferred upon itself the power, during the last 6 days of a session of Congress, by concurrent resolution, to vote for passage of a bill that is not in written form at the time of final passage. (12) As a direct consequence of the departure of the Senate and the House of Representatives from the salutary practice of full, verbatim readings of each bill before final passage, and further, as a direct consequence of Congress, by concurrent resolution and otherwise, having permitted certain appropriation, budget, and regulatory bills to be enacted into law without such bills being printed and presented to Congress in written form prior to final passage, Congress has— (A) imposed upon the people of the United States excessively long bills, largely written by an unelected bureaucracy, resulting in generally incomprehensible, cumbersome, oppressive, and burdensome laws, containing hidden provisions for special interests; (B) deprived the people of the United States and their elected Senators and Members of a full and fair opportunity to examine the text of bills, and all amendments thereto, prior to passage; (C) undermined the confidence of the people of the United States as a result of its failure to provide adequate notice to the people before a vote is taken on the bills and amendments thereto; and (D) has called into question the integrity and reliability of the legislative processes in both Houses of Congress by its failure to ensure that each Senator and each Member of the House of Representatives has, prior to passage, either listened attentively to the reading of the full text of each bill, and amendments thereto, or has personally read the text thereof. (13) Federal law currently sets forth various requirements relating to the form of bills and resolutions, and the procedure for enacting laws, including— (A) the form of the enacting clause of all Acts of Congress (section 101 of title 1, United States Code); (B) the form of the resolving clause of all joint resolutions (section 102 of title 1, United States Code); (C) a limitation on the use of enacting or resolving words (section 103 of title 1, United States Code); (D) the requirement regarding the numbering of sections and the requirement that each contain a single proposition (section 104 of title 1, United States Code); (E) the style and title for all bills making appropriations (section 105 of title 1, United States Code); and (F) the process by which each bill or joint resolution is handled after passage (section 106 of title 1, United States Code). 4. Text of bill or resolution to specify its constitutional authority, current law Chapter 2 section 105 105a. Text of bill or resolution to specify its constitutional authority (a) Requirement (1) In general Any bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof. (2) Failure to comply Any bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration (1) In general The requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager’s amendment. (2) Failure to comply Any bill or resolution that does not comply with paragraph (1) shall not be submitted for a vote on final passage. (c) No waiver or modification Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section. 105b. Text of bill or resolution to set forth current law (a) Requirement (1) In general Any bill or resolution introduced in either House of Congress that is intended to amend or modify the effect of, or would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth— (A) the current version of the entire section of the current law that the bill or resolution proposes to amend, verbatim; (B) the amendments proposed in the bill or resolution; and (C) the section of law as it would read as modified by the amendments proposed, except that this subparagraph shall not apply to any bill or resolution that would strike the text of an entire section of a law. (2) Failure to comply Any bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration (1) In general The requirements under subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager’s amendment. (2) Failure to comply Any bill or resolution that does not comply with paragraph (1) shall not be submitted to a vote on final passage. (c) No waiver or modification Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section. 105c. Procedures prior to vote on bill or resolution (a) In general (1) Requirements for vote A vote on final passage of a bill (except for private bills) or a resolution may not occur in either House of Congress, unless— (A) the full text of the bill or resolution is published at least 7 days before the vote on an official Internet website of each House of Congress, easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions on searchability, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; (B) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official Internet websites described in subparagraph (A) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice under this subparagraph; and (C) except as provided in paragraph (2), the Clerk of the House of Representatives or the Secretary of the Senate has read the full text of the bill or resolution, verbatim, to the respective body of each House of Congress, which have been called to order and physically assembled with a constitutionally required quorum to do business being present throughout the time of the full reading of the text of the bill or resolution. (2) If a bill or resolution is enrolled by either the House of Representatives or the Senate, for any subsequent consideration of the enrolled bill or resolution— (A) it is not necessary for the full text of the bill or resolution to be reread to the House of Congress in which the bill or resolution passed; and (B) the full text of any amendment to the text of the enrolled bill or resolution shall be read, verbatim, to each House of Congress. (b) Affidavit (1) In general Before voting in favor of final passage of a bill (except a private bill) or resolution, each Senator and each Member of the House of Representatives, except as provided in paragraph (2), shall sign an affidavit executed under penalty of perjury under section 1621 of title 18 attesting that the Senator or Member— (A) was present throughout the entire reading of each such bill or resolution, and listened attentively to such reading in its entirety; or (B) prior to voting for passage of such bill or resolution, read attentively each such bill or resolution in its entirety. (2) Vote against passage A Senator or a Member of the House of Representatives shall not be required to sign an affidavit described in paragraph (1) if the Senator or Member voted against passage of the bill or resolution. (3) Records Copies of each affidavit described in paragraph (1) signed by a Senator or a Member of the House of Representatives shall be maintained by the Secretary of the Senate or the Clerk of the House of Representatives, respectively. (c) Journal With respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the publishing, notice, reading, and affidavit requirements under this section have been satisfied. (d) No waiver or modification Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. 105d. Enforcement clause (a) In general An Act of Congress that does not comply with section 105a, 105b, or 105c shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress. (b) Cause of action Without regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States seeking appropriate relief (including an injunction against enforcement of any law, the passage of which did not conform to the requirements of section 105a, 105b, or 105c) may be brought by— (1) a person aggrieved by an action of an officer or employee in the executive branch of the Federal Government under an Act of Congress that did not comply with sections 105a, 105b, and 105c; (2) a Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with section 105a, 105b, or 105c; and (3) a person individually aggrieved by the failure of a Senator for the State in which the aggrieved person resides or by the failure of a Member of the House of Representatives for the District in which the aggrieved person resides to fulfill the obligations of the Senator or Member under section 105a, 105b, or 105c. . 5. Technical and conforming amendments The table of sections for chapter 2 section 105 105a. Text of bill or resolution to specify its constitutional authority. 105b. Text of bill or resolution to set forth current law. 105c. Procedures prior to vote on bill or resolution. 105d. Enforcement clause. . 6. Severability clause If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected.

Read the Bills Act

Strategic Petroleum Supplies Act - Prohibits the Administration from authorizing sales of petroleum products from the Strategic Petroleum Reserve (SPR) until the date all requisite permits under Executive Order 13337 for the Keystone XL pipeline project application filed on September 19, 2008, have been issued. Excepts from such prohibition U.S. obligations under the international energy program.

114 S82 IS: Strategic Petroleum Supplies 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. 82 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on Energy and Natural Resources A BILL To suspend sales of petroleum products from the Strategic Petroleum Reserve until certain conditions are met. 1. Short title This Act may be cited as the Strategic Petroleum Supplies Act 2. Limitation on sales from the Strategic Petroleum Reserve (a) In general Except as provided in subsection (b), the Administration shall not authorize a sale of petroleum products from the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. 3 U.S.C. 301 (b) Exception Subsection (a) shall not affect any obligations of the United States under the international energy program.

Strategic Petroleum Supplies Act

Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion except in conformity with this Act's requirements. Requires the physician to first determine the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater, except: (1) where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions; or (2) where the pregnancy is the result of rape, or the result of incest against a minor, if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect. Permits a physician to terminate a pregnancy under such an exception only in the manner that provides the best opportunity for the unborn child to survive, unless that manner would pose a greater risk than other available methods would pose of the death or substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman. Subjects individuals who violate this Act to a fine, imprisonment for not more than five years, or both. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act for violating or conspiring to violate this Act. Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn child or to intentionally terminate a pregnancy with an intention other than: (1) after viability, to produce a live birth and preserve the life and health of the child; or (2) to remove a dead unborn child.

114 S1553 IS: Pain-Capable Unborn Child Protection Act U.S. Senate 2015-06-11 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. 1553 IN THE SENATE OF THE UNITED STATES June 11, 2015 Mr. Graham Mr. McCain Mr. McConnell Mr. Cruz Mr. Daines Mr. Perdue Mr. Hatch Mr. Inhofe Mr. Rounds Mr. Coats Mr. Tillis Mr. Cassidy Mr. Vitter Mr. Cotton Mr. Rubio Mr. Risch Mrs. Ernst Mr. Lankford Mr. Isakson Mr. Moran Mr. Grassley Mr. Thune Mrs. Fischer Mr. Blunt Mr. Sasse Mr. Roberts Mr. Scott Mr. Lee Mr. Cochran Mr. Sessions Mr. Crapo Mr. Shelby Mr. Corker Mr. Wicker Mr. Paul Mr. Barrasso Mr. Enzi Mr. Cornyn Mr. Boozman Mr. Burr Mr. Portman Mr. Hoeven Mr. Johnson Mr. Sullivan Mr. Flake Mr. Toomey Committee on the Judiciary A BILL To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. 1. Short title This Act may be cited as the Pain-Capable Unborn Child Protection Act 2. Legislative findings Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 weeks after fertilization. (2) By 8 weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling. (3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response. (4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. In the United States, surgery of this type is being performed by 20 weeks after fertilization and earlier in specialized units affiliated with children’s hospitals. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain. (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain. (8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. (10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. (11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. (13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other. 3. Pain-capable unborn child protection (a) In general Chapter 74 section 1531 1532. Pain-capable unborn child protection (a) Unlawful conduct Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). (b) Requirements for Abortions (1) Assessment of the age of the unborn child The physician performing or attempting the abortion shall first make a determination of the probable post-fertilization age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post-fertilization age. (2) Prohibition on performance of certain abortions (A) Generally for unborn children 20 weeks or older Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. (B) Exceptions Subparagraph (A) does not apply if— (i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; (ii) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion— (I) she has obtained counseling for the rape; or (II) she has obtained medical treatment for the rape or an injury related to the rape; or (iii) the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either— (I) a government agency legally authorized to act on reports of child abuse; or (II) a law enforcement agency. (C) Requirement as to manner of procedure performed Notwithstanding the definitions of abortion attempt an abortion (D) Requirement that a physician trained in neonatal resuscitation be present If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). (E) Children born alive after attempted abortions When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: (i) Degree of care required Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. (ii) Immediate admission to a hospital Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. (iii) Mandatory reporting of violations A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. (F) Documentation requirements (i) Documentation pertaining to adults A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(ii) shall, prior to the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim’s rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape. (ii) Documentation pertaining to minors A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. (G) Informed consent (i) Consent form required The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. (ii) Content of consent form The Informed Consent Authorization form shall be presented in person by the physician and shall consist of— (I) a statement by the physician indicating the probable post-fertilization age of the pain-capable unborn child; (II) a statement that Federal law allows abortion after 20 weeks fetal age only if the mother’s life is endangered by a physical disorder, physical illness, or physical injury, when the pregnancy was the result of rape, or an act of incest against a minor; (III) a statement that the abortion must be performed by the method most likely to allow the child to be born alive unless this would cause significant risk to the mother; (IV) a statement that in any case in which an abortion procedure results in a child born alive, Federal law requires that child to be given every form of medical assistance that is provided to children spontaneously born prematurely, including transportation and admittance to a hospital; (V) a statement that these requirements are binding upon the physician and all other medical personnel who are subject to criminal and civil penalties and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (VI) affirmation that each signer has filled out the informed consent form to the best of their knowledge and understands the information contained in the form. (iii) Signatories required The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. (iv) Retention of consent form The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient’s medical file. (H) Requirement for data retention Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient’s medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient’s medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (I) Additional exceptions and requirements (i) In cases of risk of death or major injury to the mother Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of— (I) the death of the pregnant woman; or (II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (ii) Exclusion of certain facilities Notwithstanding the definitions of the terms medical treatment counseling (iii) Rule of construction in cases of reports to law enforcement The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. (iv) Compliance with certain State laws (I) State laws regarding reporting of rape and incest The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State’s Attorney General may designate, regarding reporting requirements in cases of rape or incest. (II) State laws regarding parental involvement The physician who intends to perform an abortion on a minor under an exception provided by subparagraph (B) shall comply with any applicable State laws requiring parental involvement in a minor’s decision to have an abortion. (c) Criminal penalty Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. (d) Bar to prosecution A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. (e) Civil remedies (1) Civil action by a woman on whom an abortion is performed A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. (2) Civil action by a parent of a minor on whom an abortion is performed A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct. (3) Appropriate relief Appropriate relief in a civil action under this subsection includes— (A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (B) statutory damages equal to three times the cost of the abortion; and (C) punitive damages. (4) Attorneys fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (5) Attorneys fees for defendant If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. (6) Awards against woman Except under paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. (f) Data collection (1) Data submissions Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the Center (2) Contents of summary The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B): (A) the probable post-fertilization age of the unborn child; (B) the method used to carry out the abortion; (C) the location where the abortion was conducted; (D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and (E) any incident of live birth resulting from the abortion. (3) Exclusions from data submissions A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 (4) Public report The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or attempted. (g) Definitions In this section the following definitions apply: (1) Abortion The term abortion (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (2) Attempt The term attempt (3) Counseling The term counseling (4) Facility The term facility (5) Fertilization The term fertilization (6) Medical treatment The term medical treatment (7) Minor The term minor (8) Perform The term perform (9) Physician The term physician (10) Post-fertilization age The term post-fertilization age (11) Probable post-fertilization age of the unborn child The term probable post-fertilization age of the unborn child (12) Reasonable medical judgment The term reasonable medical judgment (13) Unborn child The term unborn child (14) Woman The term woman . (b) Clerical amendment The table of sections at the beginning of chapter 74 1532. Pain-capable unborn child protection. . (c) Chapter heading amendments (1) Chapter heading in chapter The chapter heading for chapter 74 Partial-Birth Abortions Abortions (2) Table of chapters for part i The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: 74. Abortions 1531 .

Pain-Capable Unborn Child Protection Act

(This measure has not been amended since it was passed by the Senate on June 11, 2014. The summary of that version is repeated here.) Intelligence Authorization Act for Fiscal Years 2014 - Title I: Intelligence Activities - (Sec. 101) Authorizes FY2014 appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy (DOE), and Justice (DOJ); (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office (NRO); (12) National Geospatial-Intelligence Agency (NGA); and (13) Department of Homeland Security (DHS). (Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2014, for such activities are those in the classified Schedule of Authorizations for FY2014, which shall be made available to the congressional appropriations committees and the President. (Sec. 103) Allows the DNI to authorize employment of civilian personnel in excess of the number authorized for FY2014 when necessary for the performance of important intelligence functions. Requires notification to the intelligence committees on the use of such authority. Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for personnel positions for elements within such Account. Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund. (Sec. 202) Amends the Central Intelligence Agency Retirement Act to expand the definition of "qualifying service" for purposes of designating CIA employees to participate in a retirement system based on a period of service abroad that is hazardous to life or health, or that is determined to be specialized because of security requirements, to include the service of CIA employees on detail to another agency. (Currently, such qualifying service must be performed within the CIA.) Makes such qualifying detail service applicable to retired or deceased CIA officers designated to participate in such system prior to the enactment of this Act. Title III: General Provisions - Subtitle A: General Matters - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law. (Sec. 302) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Requires funds appropriated for the construction of the High Performance Computing Center 2 (as described in the table entitled Consolidated Cryptologic Program in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013) that exceed the amount specified in the classified annex accompanying the Intelligence Authorization Act for Fiscal Year 2013 to be specifically authorized by Congress for purposes of complying with restrictions on the use of appropriated funds under the National Security Act of 1947. (Sec. 304) Exempts from disclosure under the Freedom of Information Act the identities of employees of the intelligence community who submit complaints or information to the Inspector General of the Intelligence Community. (Sec. 305) Authorizes the DNI to establish functional managers of appropriate intelligence functions to act as the principal advisors to the DNI on their respective functions. (Sec. 306) Directs the DNI to report annually to Congress regarding each intelligence function for which such a functional manager has been established. Requires such reports to identify or describe: (1) the capabilities, programs, and activities of such function; (2) the investment and allocation of resources for such function; (3) the function's performance; (4) technical interoperability standards and operational overlap; (5) any efforts to integrate such function with other intelligence disciplines or to establish consistency in tradecraft and training; and (6) technology developments. (Sec. 307) Directs the chief information officer of each element of the intelligence community to conduct, and the Chief Information Officer of the Intelligence Community to compile and report to Congress every two years with respect to, inventories of all existing software licenses of each element. Requires such reports to assess the actions that could be carried out to achieve economies of scale and cost savings in software procurement and usage. (Sec. 308) Requires the President to establish a written plan to respond to the unauthorized public disclosure of each type of activity undertaken as part of a covert action. (Sec. 309) Directs the heads of the DNI, CIA, DIA, NSA, NRO, and NGA to ensure that there is a full financial audit of their respective entities each year and that each audit contains an unqualified opinion of the entity's financial statements. Requires the chief financial officer of each entity to provide an annual audit report to Congress. (Sec. 310) Permits an employee, detailee, or contractor of an element of the intelligence community who intends to report to Congress with respect to an urgent concern to report such complaint or information to the Inspector General of the Intelligence Community. Expands authority under which employees or contractors of certain executive agencies (agencies determined by the President to have as their principal function the conduct of foreign intelligence or counterintelligence activities) make complaints to an appropriate Inspector General to include reports to the Inspector General of the Intelligence Community. (Sec. 311) Amends the Public Interest Declassification Act of 2000 to extend through December 31, 2018, the authority of the Public Interest Declassification Board (advises the President, the Assistant to the President for National Security Affairs, the Office of Management and Budget [OMB], and other executive branch officials on the identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials that are of archival value). (Sec. 312) Authorizes DHS to use specified National Intelligence Program funds (that are made available for necessary expenses for intelligence analysis and operations coordination activities) for official representation items in support of the Coast Guard Attache Program. (Sec. 313) Requires the DNI, within 120 days after the enactment of this Act, to: (1) complete a declassification review of documents collected in Abbattabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011, (2) make publicly available any information that is declassified as a result of such review, and (3) report to Congress with a justification as to why any such information must remain classified. (Sec. 314) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. Subtitle B: Reporting - (Sec. 321) Directs the DNI to report annually to Congress regarding violations of law or executive order by personnel of an element of the intelligence community. Requires such report to include any actions taken in response to such violations. Requires the General Counsel of each element of the intelligence community to provide written notification to Congress of any significant legal interpretation of the Constitution or federal law affecting intelligence activities conducted by such element within 30 days after the commencement of any activity pursuant to such interpretation. Provides exceptions to such notification requirements for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters. Authorizes the President to limit access to information concerning a covert finding to Members of Congress who have been granted access. (Sec. 322) Requires the Attorney General to establish a regular review process for the official publication of significant opinions of DOJ's Office of Legal Counsel that have been provided to an element of the intelligence community. Prohibits such process from requiring publication that: (1) reveals classified or other sensitive information relating to national security, (2) interferes with federal law enforcement efforts or is prohibited by law, or (3) conflicts with preserving internal executive branch deliberative processes or protecting other information properly subject to privilege. Requires opinions that are not published for classified or sensitive information purposes to be made available to Congress, subject to limited access procedures for covert actions. Declares that the determination of whether an opinion is appropriate for official publication is not subject to judicial review. (Sec. 323) Directs the DNI, CIA, and each element of the DOD intelligence community to provide to Congress copies of plans submitted to OMB pertaining to agency operations and orderly shutdown procedures in the absence of appropriations. (Sec. 324) Requires the DNI to report to Congress on the Syrian chemical weapons program and provide updates regarding: (1) chemical weapon stockpiles, quantities, locations, forms of storage and production, and research and development facilities in Syria; (2) a listing of key personnel associated with the program; (3) undeclared chemical weapons stockpiles, munitions, and facilities, as well as an assessment of how stockpiles, precursors, and delivery systems were obtained; (4) intelligence gaps; and (5) any denial and deception efforts on the part of Syria. (Sec. 325) Directs the DNI to establish procedures requiring cleared intelligence contractors to report to a designated element of the intelligence community when there is a successful penetration of a network or information system that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection. Requires such procedures to provide for: (1) intelligence community personnel to, upon request, obtain access to equipment or information of the contractor as necessary for a forensic analysis; (2) the contractor to provide only such access as required to determine whether information created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from the network or information system; and (3) protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person other than the suspected perpetrator. Defines "cleared intelligence contractor" as a private entity granted clearance by the DNI or the head of an element of the intelligence community to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community. Prohibits dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community, except: (1) with approval of the contractor providing such information, (2) to Congress, or (3) to law enforcement agencies to investigate a reported penetration. (Sec. 326) Directs the DNI to report to Congress on the extent to which the intelligence community has implemented recommendations of the Inspector General on electronic waste disposal. Requires such report to assess the applicability of the intelligence community's electronic waste policies to commercial entities that contract with an element of the intelligence community. (Sec. 327) Requires the DNI to submit to the Secretary of Education and Congress a report describing anticipated hiring needs of the intelligence community in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy. (Sec. 328) Amends the Intelligence Authorization Act for Fiscal Year 2013 to eliminate the termination date of requirements for the notification of Congress when a government official authorizes disclosure of national intelligence or security information to the media or to other persons or entities with the intent that it will be made publicly available. (Sec. 329) Repeals specified reporting requirements concerning: (1) the threat of attack on the United States using weapons of mass destruction, and (2) the Treaty on Conventional Armed Forces in Europe. Modifies reporting requirements to: (1) direct the DNI and the CIA to notify Congress each time they create an advisory committee (currently, such notice is provided in an annual report), (2) terminate in 2014 (currently, 2015) a report on intelligence community business system transformation, and (3) require privacy and civil liberties officers of specified agencies to submit reports at least semiannually (currently, quarterly). Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: National Security Agency - (Sec. 401) Amends the National Security Agency Act of 1959 to require the President to appoint the NSA Director with the advice and consent of the Senate. (Currently, the President's appointment of the NSA Director is not subject to Senate confirmation.) (Sec. 402) Amends the Inspector General Act of 1978 to require the President to appoint the NSA Inspector General with the advice and consent of the Senate. (Currently, the NSA Inspector General is appointed by the NSA Director.) Subtitle B: National Reconnaissance Office - (Sec. 411) Amends the National Security Act of 1947 to require the President to appoint the NRO Director with the advice and consent of the Senate. (Currently, the NRO Director is appointed by the DOD Secretary with the concurrence of the DNI.) (Sec. 412) Requires the President to appoint the NRO Inspector General with the advice and consent of the Senate. (Currently, the NRO Inspector General is appointed by the NRO Director.) Subtitle C: Central Intelligence Agency - (Sec. 421) Amends the Central Intelligence Agency Act of 1949 to authorize the CIA Director to engage in fund raising for the benefit of nonprofit organizations that provide support to surviving family members of deceased CIA employees or for the welfare, education, or recreation of current CIA employees, former employees, or their family members. Title V: Security Clearance Reform - (Sec. 501) Requires the DNI, subject to the direction of the President, to: (1) ensure that the background of each employee or officer and contractor of the intelligence community is monitored continuously to determine their eligibility for access to classified information; and (2) develop procedures to require sharing of potentially derogatory security information concerning an employee officer, contractor, or employee of a contractor of the intelligence community that may impact the eligibility of such individuals for a security clearance. (Sec. 502) Requires the DNI to: (1) ensure that any contractor to an element of the intelligence community with access to classified information develops and operates a security plan that is consistent with DNI standards for intelligence community networks, (2) conduct periodic assessments of each such security plan, and (3) ensure that the insider threat detection capabilities and policies of the intelligence community apply to facilities of contractors with access to a classified network. (Sec. 503) Requires the DNI to submit to Congress an analysis of the relative costs and benefits of improving the process for: (1) investigating persons who are proposed for access to classified information, and (2) adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information. (Sec. 504) Requires the DNI to report to Congress each year, through 2017, on the reciprocal treatment of security clearances, including: (1) the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or adjudicative agency; and (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or adjudicative agency is, or is not, accepted by another agency. (Sec. 505) Directs the DNI to submit to Congress each year, through December 31, 2017, a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program. Title VI: Intelligence Community Whistleblower Protections - (Sec. 601) Extends whistleblower protections to employees of the CIA, DIA, NGA, NSA, DNI, NRO, and any executive agency that is determined to have as its principal function the conduct of foreign intelligence or counterintelligence activities. Prohibits certain personnel practices against such employees as reprisal for a lawful disclosure to the DNI, the Inspector General of the Intelligence Community, the head or appropriate inspector general of the employing agency, or Congress. Prohibits whistleblower protections under this Act from: (1) applying to the FBI, or (2) preempting or precluding existing FBI whistleblower protections. (Sec. 602) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to: (1) require development of policies that permit individuals to appeal a determination to suspend or revoke a security clearance or access to classified information; (2) allow individuals to remain employed while such an appeal is pending; (3) require implementation of uniform and consistent procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information; and (4) prohibit revocation of a security clearance or access determination in retaliation for a protected whistleblower disclosure. Allows employees and former employees to: (1) appeal security clearance or access determinations within their agency, and (2) appeal their agency's final determination in accordance with adjudication procedures established by the DNI. Requires the DNI to notify Congress regarding such appeals from an agency's final determination. Requires agencies determined to have committed retaliatory violations to take corrective action to return employees to the position they would have held had the violation not occurred. Permits such corrective action to include back pay, related benefits, and compensatory damages up to $300,000. (Sec. 603) Amends the Inspector General Act of 1978 and the Central Intelligence Agency Act of 1949 to establish a conflict of interest procedure for transmitting an Inspector General's determination as to whether an intelligence employee's complaint or information with respect to an urgent concern appears credible. Allows individuals who have submitted certain urgent complaints or information to an Inspector General under the Inspector General Act of 1978, the Central Intelligence Agency Act of 1949, or the National Security Act of 1947 to notify any member of the House or Senate intelligence committees, or a staff member of either such committee, of the fact that such individual has made a submission to a particular Inspector General. (Sec. 604) Requires the DNI to develop procedures to ensure that personnel action is not taken against employees in specified intelligence agencies as a reprisal for a protected whistleblower disclosure. Prohibits whistleblower protections under this Act from applying to certain terminations by the DOD Secretary, the DNI, the CIA Director, and the heads of other federal agencies in the interests of the United States or national security. Requires notification to Congress of such a termination within 30 days after the termination. Title VII: Technical Amendments - Makes technical amendments to the Central Intelligence Agency Act of 1949, the National Security Act of 1947, and the Intelligence Authorization Act for Fiscal Year 2013.

S1681 ENR: Intelligence Authorization Act for Fiscal Year 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. 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. 1681 IN THE SENATE OF THE UNITED STATES AN ACT To authorize appropriations for fiscal year 2014 for intelligence and intelligence-related activities of the United States Government and the Office of the Director of National Intelligence, the Central Intelligence Agency Retirement and Disability System, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. TITLE II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. Sec. 202. CIARDS and FERS special retirement credit for service on detail to another agency. TITLE III—General provisions Subtitle A—General matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Specific authorization of funding for High Performance Computing Center 2. Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community. Sec. 305. Functional managers for the intelligence community. Sec. 306. Annual assessment of intelligence community performance by function. Sec. 307. Software licensing. Sec. 308. Plans to respond to unauthorized public disclosures of covert actions. Sec. 309. Auditability. Sec. 310. Reports of fraud, waste, and abuse. Sec. 311. Public Interest Declassification Board. Sec. 312. Official representation items in support of the Coast Guard Attaché Program. Sec. 313. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1, 2011. Sec. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program. Subtitle B—Reporting Sec. 321. Significant interpretations of law concerning intelligence activities. Sec. 322. Review for official publication of opinions of the Office of Legal Counsel of the Department of Justice concerning intelligence activities. Sec. 323. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations. Sec. 324. Reports on chemical weapons in Syria. Sec. 325. Reports to the intelligence community on penetrations of networks and information systems of certain contractors. Sec. 326. Report on electronic waste. Sec. 327. Promoting STEM education to meet the future workforce needs of the intelligence community. Sec. 328. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence. Sec. 329. Repeal or modification of certain reporting requirements. TITLE IV—Matters relating to elements of the intelligence community Subtitle A—National Security Agency Sec. 401. Appointment of the Director of the National Security Agency. Sec. 402. Appointment of the Inspector General of the National Security Agency. Sec. 403. Effective date and applicability. Subtitle B—National Reconnaissance Office Sec. 411. Appointment of the Director of the National Reconnaissance Office. Sec. 412. Appointment of the Inspector General of the National Reconnaissance Office. Sec. 413. Effective date and applicability. Subtitle C—Central Intelligence Agency Sec. 421. Gifts, devises, and bequests. TITLE V—Security clearance reform Sec. 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information. Sec. 502. Requirements for intelligence community contractors. Sec. 503. Technology improvements to security clearance processing. Sec. 504. Report on reciprocity of security clearances. Sec. 505. Improving the periodic reinvestigation process. Sec. 506. Appropriate committees of Congress defined. TITLE VI—Intelligence community whistleblower protections Sec. 601. Protection of intelligence community whistleblowers. Sec. 602. Review of security clearance or access determinations. Sec. 603. Revisions of other laws. Sec. 604. Policies and procedures; nonapplicability to certain terminations. TITLE VII—Technical amendments Sec. 701. Technical amendments to the Central Intelligence Agency Act of 1949. Sec. 702. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions. Sec. 703. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Intelligence community The term intelligence community 50 U.S.C. 3003(4) I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2014, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill S. 1681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2014 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element. (b) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 104. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2014 the sum of $528,229,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2015. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions as of September 30, 2014. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2014 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2015. (2) Authorization of personnel In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2014, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). II Central Intelligence Agency Retirement and Disability System 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2014 the sum of $514,000,000. 202. CIARDS and FERS special retirement credit for service on detail to another agency (a) In general Section 203(b) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2013(b) (1) in the matter preceding paragraph (1), by striking service in the Agency performed service performed by an Agency employee (2) in paragraph (1), by striking Agency activities intelligence activities (b) Application The amendment made by subsection (a) shall be applied to retired or deceased officers of the Central Intelligence Agency who were designated at any time under section 203 of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2013 III General provisions A General matters 301. Increase in employee compensation and benefits authorized by law Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 302. Restriction on conduct of intelligence activities The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. 303. Specific authorization of funding for High Performance Computing Center 2 Funds appropriated for the construction of the High Performance Computing Center 2 (HPCC 2), as described in the table entitled Consolidated Cryptologic Program (CCP) in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 Public Law 112–277 50 U.S.C. 3094 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community Section 103H(g)(3)(A) of the National Security Act of 1947 ( 50 U.S.C. 3033(g)(3)(A) undertaken; undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 Freedom of Information Act 305. Functional managers for the intelligence community (a) Functional managers authorized Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. 103J. Functional managers for the intelligence community (a) Functional managers authorized The Director of National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. Any position so established may be known as the Functional Manager (b) Personnel The Director shall designate individuals to serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the intelligence community. (c) Duties Each manager of an intelligence function established under subsection (a) shall have the duties as follows: (1) To act as principal advisor to the Director on the intelligence function. (2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 103I the following new item: Sec. 103J. Functional managers for the intelligence community. . 306. Annual assessment of intelligence community performance by function (a) Annual assessments required Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. 506J. Annual assessment of intelligence community performance by function (a) In general Not later than April 1, 2016, and each year thereafter, the Director of National Intelligence shall, in consultation with the Functional Managers, submit to the congressional intelligence committees a report on covered intelligence functions during the preceding year. (b) Elements Each report under subsection (a) shall include for each covered intelligence function for the year covered by such report the following: (1) An identification of the capabilities, programs, and activities of such intelligence function, regardless of the element of the intelligence community that carried out such capabilities, programs, and activities. (2) A description of the investment and allocation of resources for such intelligence function, including an analysis of the allocation of resources within the context of the National Intelligence Strategy, priorities for recipients of resources, and areas of risk. (3) A description and assessment of the performance of such intelligence function. (4) An identification of any issues related to the application of technical interoperability standards in the capabilities, programs, and activities of such intelligence function. (5) An identification of the operational overlap or need for de-confliction, if any, within such intelligence function. (6) A description of any efforts to integrate such intelligence function with other intelligence disciplines as part of an integrated intelligence enterprise. (7) A description of any efforts to establish consistency in tradecraft and training within such intelligence function. (8) A description and assessment of developments in technology that bear on the future of such intelligence function. (9) Such other matters relating to such intelligence function as the Director may specify for purposes of this section. (c) Definitions In this section: (1) The term covered intelligence functions (2) The term Functional Manager . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 506I the following new item: Sec. 506J. Annual assessment of intelligence community performance by function. . 307. Software licensing (a) In general Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. 109. Software licensing (a) Requirement for inventories of software licenses The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially— (1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses; (2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage; and (3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2). (b) Inventories by the Chief Information Officer of the Intelligence Community The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially— (1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses; and (2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage. (c) Reports to Congress The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1). . (b) Initial inventory (1) Intelligence community elements (A) Date Not later than 120 days after the date of the enactment of this Act, the chief information officer of each element of the intelligence community shall complete the initial inventory, assessment, and submission required under section 109(a) of the National Security Act of 1947, as added by subsection (a) of this section. (B) Basis The initial inventory conducted for each element of the intelligence community under section 109(a)(1) of the National Security Act of 1947, as added by subsection (a) of this section, shall be based on the inventory of software licenses conducted pursuant to section 305 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 (2) Chief Information Officer of the Intelligence Community Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Intelligence Community shall complete the initial compilation and assessment required under section 109(b) of the National Security Act of 1947, as added by subsection (a). (c) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended— (1) by striking the second item relating to section 104 (relating to Annual national security strategy report); and (2) inserting after the item relating to section 108 the following new item: Sec. 109. Software licensing. . 308. Plans to respond to unauthorized public disclosures of covert actions Section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 (h) For each type of activity undertaken as part of a covert action, the President shall establish in writing a plan to respond to the unauthorized public disclosure of that type of activity. . 309. Auditability (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. 509. Auditability of certain elements of the intelligence community (a) Requirement for annual audits The head of each covered entity shall ensure that there is a full financial audit of such covered entity each year beginning with fiscal year 2014. Such audits may be conducted by an internal or external independent accounting or auditing organization. (b) Requirement for unqualified opinion Beginning as early as practicable, but in no event later than the audit required under subsection (a) for fiscal year 2016, the head of each covered entity shall take all reasonable steps necessary to ensure that each audit required under subsection (a) contains an unqualified opinion on the financial statements of such covered entity for the fiscal year covered by such audit. (c) Reports to Congress The chief financial officer of each covered entity shall provide to the congressional intelligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a). (d) Covered entity defined In this section, the term covered entity . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 508 the following new item: Sec. 509. Auditability of certain elements of the intelligence community. . 310. Reports of fraud, waste, and abuse Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended in paragraph (1)— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (2) by inserting after subparagraph (A) the following: (B) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General of the Intelligence Community. ; and (3) in subparagraph (D), as redesignated by paragraph (1)— (A) by striking Act or section 17 Act, section 17 (B) by striking the period at the end and inserting , or section 103H(k) of the National Security Act of 1947 ( 50 U.S.C. 3033(k) 311. Public Interest Declassification Board Section 710(b) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 50 U.S.C. 3161 2014. 2018. 312. Official representation items in support of the Coast Guard Attaché Program Notwithstanding any other limitation on the amount of funds that may be used for official representation items, the Secretary of Homeland Security may use funds made available to the Secretary through the National Intelligence Program for necessary expenses for intelligence analysis and operations coordination activities for official representation items in support of the Coast Guard Attaché Program. 313. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1, 2011 Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) in the manner described in the classified annex to this Act— (A) complete a declassification review of documents collected in Abbottabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011; and (B) make publicly available any information declassified as a result of the declassification review required under paragraph (1); and (2) report to the congressional intelligence committees— (A) the results of the declassification review required under paragraph (1); and (B) a justification for not declassifying any information required to be included in such declassification review that remains classified. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intelligence committees. B Reporting 321. Significant interpretations of law concerning intelligence activities (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. 510. Significant interpretations of law concerning intelligence activities (a) Notification Except as provided in subsection (c) and to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the General Counsel of each element of the intelligence community shall notify the congressional intelligence committees, in writing, of any significant legal interpretation of the United States Constitution or Federal law affecting intelligence activities conducted by such element by not later than 30 days after the date of the commencement of any intelligence activity pursuant to such interpretation. (b) Content Each notification under subsection (a) shall provide a summary of the significant legal interpretation and the intelligence activity or activities conducted pursuant to such interpretation. (c) Exceptions A notification under subsection (a) shall not be required for a significant legal interpretation if— (1) notice of the significant legal interpretation was previously provided to the congressional intelligence committees under subsection (a); or (2) the significant legal interpretation was made before the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014 (d) Limited access for covert action If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2), the President may limit access to information concerning such finding that is subject to notification under this section to those members of Congress who have been granted access to the relevant finding under section 503(c)(2). . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 509, as so added, the following new item: Sec. 510. Significant interpretations of law concerning intelligence activities. . 322. Review for official publication of opinions of the Office of Legal Counsel of the Department of Justice concerning intelligence activities (a) Process for review for official publication Not later than 180 days after the date of the enactment of this Act, the Attorney General shall, in coordination with the Director of National Intelligence, establish a process for the regular review for official publication of significant opinions of the Office of Legal Counsel of the Department of Justice that have been provided to an element of the intelligence community. (b) Factors The process of review of opinions established under subsection (a) shall include consideration of the following: (1) The potential importance of an opinion to other agencies or officials in the Executive branch. (2) The likelihood that similar questions addressed in an opinion may arise in the future. (3) The historical importance of an opinion or the context in which it arose. (4) The potential significance of an opinion to the overall jurisprudence of the Office of Legal Counsel. (5) Such other factors as the Attorney General and the Director of National Intelligence consider appropriate. (c) Presumption The process of review established under subsection (a) shall apply a presumption that significant opinions of the Office of Legal Counsel should be published when practicable, consistent with national security and other confidentiality considerations. (d) Construction Nothing in this section shall require the official publication of any opinion of the Office of Legal Counsel, including publication under any circumstance as follows: (1) When publication would reveal classified or other sensitive information relating to national security. (2) When publication could reasonably be anticipated to interfere with Federal law enforcement efforts or is prohibited by law. (3) When publication would conflict with preserving internal Executive branch deliberative processes or protecting other information properly subject to privilege. (e) Requirement To provide classified opinions to Congress (1) In general Any opinion of the Office of Legal Counsel that would have been selected for publication under the process of review established under subsection (a) but for the fact that publication would reveal classified or other sensitive information relating to national security shall be provided or made available to the appropriate committees of Congress. (2) Exception for covert action If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 (50 U.S.C. 3093(c)(2)), the President may limit access to information concerning such finding that would otherwise be provided or made available under this subsection to those members of Congress who have been granted access to such finding under such section 503(c)(2). (f) Judicial review The determination whether an opinion of the Office of Legal Counsel is appropriate for official publication under the process of review established under subsection (a) is discretionary and is not subject to judicial review. 323. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations (a) In general Whenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A–11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following: (1) The congressional intelligence committees. (2) The Subcommittee on Defense of the Committee on Appropriations of the Senate. (3) The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (4) In the case of a plan for an element of the intelligence community that is within the Department of Defense, to— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (b) Head of an applicable agency defined In this section, the term head of an applicable agency (1) The Director of National Intelligence. (2) The Director of the Central Intelligence Agency. (3) Each head of each element of the intelligence community that is within the Department of Defense. 324. Reports on chemical weapons in Syria (a) In general Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the Syrian chemical weapons program. (b) Elements The report required under subsection (a) shall include the following elements: (1) A comprehensive assessment of chemical weapon stockpiles in Syria, including names, types, and quantities of chemical weapons agents, types of munitions, and location and form of storage, production, and research and development facilities. (2) A listing of key personnel associated with the Syrian chemical weapons program. (3) An assessment of undeclared chemical weapons stockpiles, munitions, and facilities. (4) An assessment of how these stockpiles, precursors, and delivery systems were obtained. (5) A description of key intelligence gaps related to the Syrian chemical weapons program. (6) An assessment of any denial and deception efforts on the part of the Syrian regime related to its chemical weapons program. (c) Progress reports Every 90 days until the date that is 18 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a progress report providing any material updates to the report required under subsection (a). 325. Reports to the intelligence community on penetrations of networks and information systems of certain contractors (a) Procedures for reporting penetrations The Director of National Intelligence shall establish procedures that require each cleared intelligence contractor to report to an element of the intelligence community designated by the Director for purposes of such procedures when a network or information system of such contractor that meets the criteria established pursuant to subsection (b) is successfully penetrated. (b) Networks and information systems subject to reporting The Director of National Intelligence shall, in consultation with appropriate officials, establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection (a). (c) Procedure requirements (1) Rapid reporting The procedures established pursuant to subsection (a) shall require each cleared intelligence contractor to rapidly report to an element of the intelligence community designated pursuant to subsection (a) of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection (b). Each such report shall include the following: (A) A description of the technique or method used in such penetration. (B) A sample of the malicious software, if discovered and isolated by the contractor, involved in such penetration. (C) A summary of information created by or for such element in connection with any program of such element that has been potentially compromised due to such penetration. (2) Access to equipment and information by intelligence community personnel The procedures established pursuant to subsection (a) shall— (A) include mechanisms for intelligence community personnel to, upon request, obtain access to equipment or information of a cleared intelligence contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor; (B) provide that a cleared intelligence contractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether information created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from a network or information system of such contractor and, if so, what information was exfiltrated; and (C) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person (other than the name of the suspected perpetrator of the penetration). (3) Limitation on dissemination of certain information The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community except— (A) with the approval of the contractor providing such information; (B) to the congressional intelligence committees or the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate for such committees and such Subcommittees to perform oversight; or (C) to law enforcement agencies to investigate a penetration reported under this section. (d) Issuance of procedures and establishment of criteria (1) In general Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish the procedures required under subsection (a) and the criteria required under subsection (b). (2) Applicability date The requirements of this section shall apply on the date on which the Director of National Intelligence establishes the procedures required under this section. (e) Coordination with the Secretary of Defense To prevent duplicate reporting Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall establish procedures to permit a contractor that is a cleared intelligence contractor and a cleared defense contractor under section 941 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 10 U.S.C. 2224 (f) Definitions In this section: (1) Cleared intelligence contractor The term cleared intelligence contractor (2) Covered network The term covered network (g) Savings clauses Nothing in this section shall be construed to alter or limit any otherwise authorized access by government personnel to networks or information systems owned or operated by a contractor that processes or stores government data. 326. Report on electronic waste (a) Report Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the extent to which the intelligence community has implemented the recommendations of the Inspector General of the Intelligence Community contained in the report entitled Study of Intelligence Community Electronic Waste Disposal Practices (b) Definitions In this section: (1) Covered commercial electronic waste The term covered commercial electronic waste (2) Electronic waste The term electronic waste 327. Promoting STEM education to meet the future workforce needs of the intelligence community (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Secretary of Education and the congressional intelligence committees a report describing the anticipated hiring needs of the intelligence community in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy. The report shall— (1) describe the extent to which competitions, challenges, or internships at elements of the intelligence community that do not involve access to classified information may be utilized to promote education in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy, within high schools or institutions of higher education in the United States; (2) include cost estimates for carrying out such competitions, challenges, or internships; and (3) include strategies for conducting expedited security clearance investigations and adjudications for students at institutions of higher education for purposes of offering internships at elements of the intelligence community. (b) Consideration of existing programs In developing the report under subsection (a), the Director shall take into consideration existing programs of the intelligence community, including the education programs of the National Security Agency and the Information Assurance Scholarship Program of the Department of Defense, as appropriate. (c) Definitions In this section: (1) High school The term high school (2) Institution of higher education The term institution of higher education (3) Secondary school The term secondary school 20 U.S.C. 7801 328. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence Section 504 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 329. Repeal or modification of certain reporting requirements (a) Repeal of reporting requirements (1) Threat of attack on the United States using weapons of mass destruction Section 114 of the National Security Act of 1947 ( 50 U.S.C. 3050 (2) Treaty on Conventional Armed Forces in Europe Section 2(5)(E) of the Senate resolution advising and consenting to ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc. 105–5) (commonly referred to as the CFE Flank Document (b) Modification of reporting requirements (1) Intelligence advisory committees Section 410(b) of the Intelligence Authorization Act for Fiscal Year 2010 ( 50 U.S.C. 3309 (b) Notification of establishment of advisory committee The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include— (1) a description of such advisory committee, including the subject matter of such committee; (2) a list of members of such advisory committee; and (3) in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 4(b)(3) . (2) Intelligence information sharing Section 102A(g)(4) of the National Security Act of 1947 ( 50 U.S.C. 3024(g)(4) (4) The Director of National Intelligence shall, in a timely manner, report to Congress any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively ensure maximum availability of access to intelligence information within the intelligence community consistent with the protection of the national security of the United States. . (3) Intelligence community business system transformation Section 506D(j) of the National Security Act of 1947 ( 50 U.S.C. 3100(j) 2015 2014 (4) Activities of privacy and civil liberties officers Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(f)(1)) is amended in the matter preceding subparagraph (A) by striking quarterly semiannually (c) Conforming amendments The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. (1) in the table of contents in the first section, by striking the item relating to section 114 and inserting the following new item: Sec. 114. Annual report on hiring and retention of minority employees. ; (2) in section 114 ( 50 U.S.C. 3050 (A) by amending the heading to read as follows: Annual report on hiring and retention of minority employees (B) by striking (a) (C) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively; (D) in subsection (b) (as so redesignated)— (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and (ii) in paragraph (2) (as so redesignated)— (I) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (II) in the matter preceding subparagraph (A) (as so redesignated), by striking clauses (i) and (ii) subparagraphs (A) and (B) (E) in subsection (d) (as redesignated by subparagraph (C) of this paragraph), by striking subsection section (F) in subsection (e) (as redesignated by subparagraph (C) of this paragraph)— (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and (ii) by striking subsection, section (3) in section 507 ( 50 U.S.C. 3106 (A) in subsection (a)— (i) by striking (1) The date The date (ii) by striking subsection (c)(1)(A) subsection (c)(1) (iii) by striking paragraph (2); and (iv) by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively; (B) in subsection (c)(1)— (i) by striking (A) Except Except (ii) by striking subparagraph (B); and (C) in subsection (d)(1)— (i) in subparagraph (A)— (I) by striking subsection (a)(1) subsection (a) (II) by inserting and March 1; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B). IV Matters relating to elements of the intelligence community A National Security Agency 401. Appointment of the Director of the National Security Agency (a) Director of the National Security Agency Section 2 of the National Security Agency Act of 1959 ( 50 U.S.C. 3602 (1) by inserting (b) There (2) by inserting before subsection (b), as so designated by paragraph (1), the following: (a) (1) There is a Director of the National Security Agency. (2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate. (3) The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order. . (b) Position of importance and responsibility (1) In general The President may designate the Director of the National Security Agency as a position of importance and responsibility under section 601 (2) Effective date Paragraph (1) shall take effect on the date of the enactment of this Act. 402. Appointment of the Inspector General of the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, (2) in section 12— (A) in paragraph (1), by striking or the Federal Cochairpersons of the Commissions established under section 15301 the Federal Cochairpersons of the Commissions established under section 15301 (B) in paragraph (2), by striking or the Commissions established under section 15301 the Commissions established under section 15301 403. Effective date and applicability (a) In general Except as otherwise specifically provided, the amendments made by sections 401 and 402 shall take effect on October 1, 2014, and shall apply upon the earlier of— (1) in the case of section 401— (A) the date of the first nomination by the President of an individual to serve as the Director of the National Security Agency that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Director of the National Security Agency by the individual performing such duties on October 1, 2014; and (2) in the case of section 402— (A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Security Agency that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Inspector General of the National Security Agency by the individual performing such duties on October 1, 2014. (b) Exception for initial nominations Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Security Agency or the Inspector General of the National Security Agency on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. (c) Incumbent Inspector General The individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate. B National Reconnaissance Office 411. Appointment of the Director of the National Reconnaissance Office (a) In general The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. 106A. Director of the National Reconnaissance Office (a) In general There is a Director of the National Reconnaissance Office. (b) Appointment The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions and duties The Director of the National Reconnaissance Office shall be the head of the National Reconnaissance Office and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order. . (b) Position of importance and responsibility (1) In general The President may designate the Director of the National Reconnaissance Office as a position of importance and responsibility under section 601 (2) Effective date Paragraph (1) shall take effect on the date of the enactment of this Act. (c) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by inserting after the item relating to section 106 the following: Sec. 106A. Director of the National Reconnaissance Office. . 412. Appointment of the Inspector General of the National Reconnaissance Office The Inspector General Act of 1978 (5 U.S.C. App.)— (1) in section 8G(a)(2), as amended by section 402, is further amended by striking the National Reconnaissance Office, (2) in section 12, as amended by section 402, is further amended— (A) in paragraph (1), by inserting or the Director of the National Reconnaissance Office; as the case may be; (B) in paragraph (2), by inserting or the National Reconnaissance Office, as the case may be; 413. Effective date and applicability (a) In general The amendments made by sections 411 and 412 shall take effect on October 1, 2014, and shall apply upon the earlier of— (1) in the case of section 411— (A) the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Director of the National Reconnaissance Office by the individual performing such duties on October 1, 2014; and (2) in the case of section 412— (A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties on October 1, 2014. (b) Exception for initial nominations Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Reconnaissance Office or the Inspector General of the National Reconnaissance Office on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. (c) Incumbent Inspector General The individual serving as Inspector General of the National Reconnaissance Office on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate. C Central Intelligence Agency 421. Gifts, devises, and bequests Section 12 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3512 (1) by striking the section heading and inserting Gifts, devises, and bequests (2) in subsection (a)(2)— (A) by inserting by the Director as a gift to the Agency accepted (B) by striking this section this subsection (3) in subsection (b), by striking this section, subsection (a), (4) in subsection (c), by striking this section, subsection (a), (5) in subsection (d), by striking this section subsection (a) (6) by redesignating subsection (f) as subsection (g); and (7) by inserting after subsection (e) the following: (f) (1) The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the welfare, education, or recreation of Agency employees, former Agency employees, or their family members. (2) In this subsection, the term fundraising . V Security clearance reform 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information Section 102A(j) of the National Security Act of 1947 ( 50 U.S.C. 3024(j) (1) in the heading, by striking Sensitive Compartmented Information Classified Information (2) in paragraph (3), by striking ; and (3) in paragraph (4), by striking the period and inserting a semicolon; and (4) by adding at the end the following new paragraphs: (5) ensure that the background of each employee or officer of an element of the intelligence community, each contractor to an element of the intelligence community, and each individual employee of such a contractor who has been determined to be eligible for access to classified information is monitored on a continual basis under standards developed by the Director, including with respect to the frequency of evaluation, during the period of eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee to such a contractor to determine whether such employee or officer of an element of the intelligence community, such contractor, and such individual employee of such a contractor continues to meet the requirements for eligibility for access to classified information; and (6) develop procedures to require information sharing between elements of the intelligence community concerning potentially derogatory security information regarding an employee or officer of an element of the intelligence community, a contractor to an element of the intelligence community, or an individual employee of such a contractor that may impact the eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee of such a contractor for a security clearance. . 502. Requirements for intelligence community contractors (a) Requirements Section 102A of the National Security Act of 1947 ( 50 U.S.C. 3024 (x) Requirements for intelligence community contractors The Director of National Intelligence, in consultation with the head of each department of the Federal Government that contains an element of the intelligence community and the Director of the Central Intelligence Agency, shall— (1) ensure that— (A) any contractor to an element of the intelligence community with access to a classified network or classified information develops and operates a security plan that is consistent with standards established by the Director of National Intelligence for intelligence community networks; and (B) each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards; (2) conduct periodic assessments of each security plan required under paragraph (1)(A) to ensure such security plan complies with the requirements of such paragraph; and (3) ensure that the insider threat detection capabilities and insider threat policies of the intelligence community apply to facilities of contractors with access to a classified network. . (b) Applicability The amendment made by subsection (a) shall apply with respect to contracts entered into or renewed after the date of the enactment of this Act. 503. Technology improvements to security clearance processing (a) In general The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall conduct an analysis of the relative costs and benefits of potential improvements to the process for investigating persons who are proposed for access to classified information and adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information. (b) Contents of analysis In conducting the analysis required by subsection (a), the Director of National Intelligence shall evaluate the costs and benefits associated with— (1) the elimination of manual processes in security clearance investigations and adjudications, if possible, and automating and integrating the elements of the investigation process, including— (A) the clearance application process; (B) case management; (C) adjudication management; (D) investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records; and (E) records management for access and eligibility determinations; (2) the elimination or reduction, if possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, to enable electronic access and processing; (3) the use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations; (4) the standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events; (5) the establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof; (6) using digitally processed fingerprints, as a substitute for ink or paper prints, to reduce error rates and improve portability of data; (7) expanding the use of technology to improve an applicant’s ability to discover the status of a pending security clearance application or reinvestigation; and (8) using government and publicly available commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines to improve quality and timeliness, and reduce costs, of investigations and reinvestigations. (c) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on the analysis required by subsection (a). 504. Report on reciprocity of security clearances The head of the entity selected pursuant to section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) (1) the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or authorized adjudicative agency; (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is accepted by another agency; (3) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is not accepted by another agency; and (4) such other information or recommendations as the head of the entity selected pursuant to such section 3001(b) considers appropriate. 505. Improving the periodic reinvestigation process (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2017, the Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall transmit to the appropriate committees of Congress a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program. (b) Contents The plan required by subsection (a) shall include— (1) an analysis of the costs and benefits associated with conducting periodic reinvestigations; (2) an analysis of the costs and benefits associated with replacing some or all periodic reinvestigations with a program of continuous evaluation; (3) a determination of how many risk-based and ad hoc periodic reinvestigations are necessary on an annual basis for each component of the Federal Government with employees with security clearances; (4) an analysis of the potential benefits of expanding the Government's use of continuous evaluation tools as a means of improving the effectiveness and efficiency of procedures for confirming the eligibility of personnel for continued access to classified information; and (5) an analysis of how many personnel with out-of-scope background investigations are employed by, or contracted or detailed to, each element of the intelligence community. (c) Periodic reinvestigations defined In this section, the term periodic reinvestigations 50 U.S.C. 3341(a) 506. Appropriate committees of Congress defined In this title, the term appropriate committees of Congress (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (3) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. VI Intelligence community whistleblower protections 601. Protection of intelligence community whistleblowers (a) In general Title XI of the National Security Act of 1947 ( 50 U.S.C. 3231 et seq. 1104. Prohibited personnel practices in the intelligence community (a) Definitions In this section: (1) Agency The term agency (2) Covered intelligence community element The term covered intelligence community element (A) means— (i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (B) does not include the Federal Bureau of Investigation. (3) Personnel action The term personnel action (A) an appointment; (B) a promotion; (C) a disciplinary or corrective action; (D) a detail, transfer, or reassignment; (E) a demotion, suspension, or termination; (F) a reinstatement or restoration; (G) a performance evaluation; (H) a decision concerning pay, benefits, or awards; (I) a decision concerning education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation; or (J) any other significant change in duties, responsibilities, or working conditions. (b) In general Any employee of an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any employee of a covered intelligence community element as a reprisal for a lawful disclosure of information by the employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, the head of the employing agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the employing agency, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably believes evidences— (1) a violation of any Federal law, rule, or regulation; or (2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (c) Enforcement The President shall provide for the enforcement of this section. (d) Existing rights preserved Nothing in this section shall be construed to— (1) preempt or preclude any employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, including section 2303 (2) repeal section 2303 . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by adding at the end the following new item: Sec. 1104. Prohibited personnel practices in the intelligence community. . 602. Review of security clearance or access determinations (a) General responsibility (1) In general Section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) (A) in the matter preceding paragraph (1), by striking Not Except as otherwise provided, not (B) in paragraph (5), by striking and (C) in paragraph (6), by striking the period at the end and inserting ; and (D) by inserting after paragraph (6) the following: (7) not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014 (A) developing policies and procedures that permit, to the extent practicable, individuals to appeal a determination to suspend or revoke a security clearance or access to classified information and to retain their government employment status while such challenge is pending; and (B) developing and implementing uniform and consistent policies and procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information, including the ability to appeal such a denial, suspension, or revocation, except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts no longer than 1 year or the head of the agency or a designee of the head of the agency certifies that a longer suspension is needed before a final decision on denial or revocation to prevent imminent harm to the national security. . (2) Required elements of policies and procedures The policies and procedures for appeal developed under paragraph (7) of section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, as added by subsection (a), shall provide for the Inspector General of the Intelligence Community, or the inspector general of the employing agency, to conduct fact-finding and report to the agency head or the designee of the agency head within 180 days unless the employee and the agency agree to an extension or the investigating inspector general determines in writing that a greater period of time is required. To the fullest extent possible, such fact-finding shall include an opportunity for the employee to present relevant evidence such as witness testimony. (b) Retaliatory revocation of security clearances and access determinations Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 (j) Retaliatory revocation of security clearances and access determinations (1) In general Agency personnel with authority over personnel security clearance or access determinations shall not take or fail to take, or threaten to take or fail to take, any action with respect to any employee's security clearance or access determination in retaliation for— (A) any lawful disclosure of information to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose) or the head of the employing agency (or employee designated by the head of that agency for such purpose) by an employee that the employee reasonably believes evidences— (i) a violation of any Federal law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (B) any lawful disclosure to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee reasonably believes evidences— (i) a violation of any Federal law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (C) any lawful disclosure that complies with— (i) subsections (a)(1), (d), and (h) of section 8H (ii) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) (iii) subparagraphs (A), (D), and (I) of section 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)); and (D) if the actions do not result in the employee or applicant unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— (i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (ii) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or (iii) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. (2) Rule of construction Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who lawfully discloses information to Congress. (3) Disclosures (A) In general A disclosure shall not be excluded from paragraph (1) because— (i) the disclosure was made to a person, including a supervisor, who participated in an activity that the employee reasonably believed to be covered by paragraph (1)(A)(ii); (ii) the disclosure revealed information that had been previously disclosed; (iii) the disclosure was not made in writing; (iv) the disclosure was made while the employee was off duty; or (v) of the amount of time which has passed since the occurrence of the events described in the disclosure. (B) Reprisals If a disclosure is made during the normal course of duties of an employee, the disclosure shall not be excluded from paragraph (1) if any employee who has authority to take, direct others to take, recommend, or approve any personnel action with respect to the employee making the disclosure, took, failed to take, or threatened to take or fail to take a personnel action with respect to that employee in reprisal for the disclosure. (4) Agency adjudication (A) Remedial procedure An employee or former employee who believes that he or she has been subjected to a reprisal prohibited by paragraph (1) may, within 90 days after the issuance of notice of such decision, appeal that decision within the agency of that employee or former employee through proceedings authorized by subsection (b)(7), except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts not longer than 1 year (or a longer period in accordance with a certification made under subsection (b)(7)). (B) Corrective action If, in the course of proceedings authorized under subparagraph (A), it is determined that the adverse security clearance or access determination violated paragraph (1), the agency shall take specific corrective action to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the violation not occurred. Such corrective action may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000. (C) Contributing factor In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual, unless the agency demonstrates by a preponderance of the evidence that it would have taken the same action in the absence of such disclosure, giving the utmost deference to the agency’s assessment of the particular threat to the national security interests of the United States in the instant matter. (5) Appellate review of security clearance access determinations by Director of National Intelligence (A) Appeal Within 60 days after receiving notice of an adverse final agency determination under a proceeding under paragraph (4), an employee or former employee may appeal that determination in accordance with the procedures established under subparagraph (B). (B) Policies and procedures The Director of National Intelligence, in consultation with the Attorney General and the Secretary of Defense, shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph (A). (C) Congressional notification Consistent with the protection of sources and methods, at the time the Director of National Intelligence issues an order regarding an appeal pursuant to the policies and procedures established by this paragraph, the Director of National Intelligence shall notify the congressional intelligence committees. (6) Judicial review Nothing in this section shall be construed to permit or require judicial review of any— (A) agency action under this section; or (B) action of the appellate review procedures established under paragraph (5). (7) Private cause of action Nothing in this section shall be construed to permit, authorize, or require a private cause of action to challenge the merits of a security clearance determination. . (c) Access determination defined Section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a) (9) Access determination The term access determination (A) is eligible for access to classified information in accordance with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with industry), or any successor thereto; and (B) possesses a need to know under such an Order. . (d) Existing rights preserved Nothing in this section or the amendments made by this section shall be construed to preempt, preclude, or otherwise prevent an individual from exercising rights, remedies, or avenues of redress currently provided under any other law, regulation, or rule. (e) Rule of construction Nothing in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by this title, shall be construed to require the repeal or replacement of agency appeal procedures implementing Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with industry), or any successor thereto, that meet the requirements of paragraph (7) of section 3001(b) of such Act, as added by this section. 603. Revisions of other laws (a) Inspector General Act of 1978 Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (b)— (A) by inserting (1) (b) (B) by adding at the end the following: (2) If the head of an establishment determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the head of the establishment, the head of the establishment shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence and, if the establishment is within the Department of Defense, to the Secretary of Defense. In such a case, the requirements of this section for the head of the establishment apply to each recipient of the Inspector General’s transmission. ; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following: (h) An individual who has submitted a complaint or information to an Inspector General under this section may notify any member of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submission to that particular Inspector General, and of the date on which such submission was made. . (b) Central Intelligence Agency Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) (1) in subparagraph (B)— (A) by inserting (i) (B) (B) by adding at the end the following: (ii) If the Director determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the Director, the Director shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence. In such a case, the requirements of this subsection for the Director of the Central Intelligence Agency apply to the Director of National Intelligence ; and (2) by adding at the end the following: (H) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made. . (c) National Security Act of 1947 Section 103H(k)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5) (I) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of either of the congressional intelligence committees, or a staff member of either of such committees, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made. . 604. Policies and procedures; nonapplicability to certain terminations (a) Covered intelligence community element defined In this section, the term covered intelligence community element (1) means— (A) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (B) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (2) does not include the Federal Bureau of Investigation. (b) Regulations In consultation with the Secretary of Defense, the Director of National Intelligence shall develop policies and procedures to ensure that a personnel action shall not be taken against an employee of a covered intelligence community element as a reprisal for any disclosure of information described in 1104 of the National Security Act of 1947, as added by section 601 of this Act. (c) Report on the status of implementation of regulations Not later than 2 years after the date of the enactment of this Act, the Director of National Intelligence shall submit a report on the status of the implementation of the regulations promulgated under subsection (b) to the congressional intelligence committees. (d) Nonapplicability to certain terminations Section 1104 of the National Security Act of 1947, as added by section 601 of this Act, and section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by section 602 of this Act, shall not apply if— (1) the affected employee is concurrently terminated under— (A) section 1609 of title 10, United States Code; (B) the authority of the Director of National Intelligence under section 102A(m) of the National Security Act of 1947 ( 50 U.S.C. 3024(m) (C) the authority of the Director of the Central Intelligence Agency under section 104A(e) of the National Security Act of 1947 ( 50 U.S.C. 3036(e) (D) section 7532 of title 5, United States Code, if the head of the agency determines that the termination is in the interest of the United States; and (2) not later than 30 days after such termination, the head of the agency that employed the affected employee notifies the congressional intelligence committees of the termination. VII Technical amendments 701. Technical amendments to the Central Intelligence Agency Act of 1949 Section 21 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3521 (1) in subsection (b)(1)(D), by striking section (a) subsection (a) (2) in subsection (c)(2)(E), by striking provider. provider 702. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions Section 101(a) of the National Security Act of 1947 ( 50 U.S.C. 3021(a) (1) in paragraph (5), by striking the semicolon and inserting ; and (2) by striking paragraphs (6) and (7); (3) by redesignating paragraph (8) as paragraph (6); and (4) in paragraph (6) (as so redesignated), by striking the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, 703. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013 (a) Amendments Section 506 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 (1) by striking Section 606(5) Paragraph (5) of section 605 (2) by inserting , as redesignated by section 310(a)(4)(B) of this Act, is amended (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 Speaker of the House of Representatives Vice President of the United States and President of the Senate

Intelligence Authorization Act for Fiscal Year 2014

Office of Strategic Services Congressional Gold Medal Act - Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to the members of the Office of Strategic Services (OSS) in recognition of their superior service and major contributions during World War II.

114 S2234 IS: Office of Strategic Services Congressional Gold Medal Act U.S. Senate 2015-11-04 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. 2234 IN THE SENATE OF THE UNITED STATES November 4, 2015 Mr. Blunt Mr. Warner Mr. Burr Mrs. Feinstein Mr. Wyden Mr. Cotton Mr. Risch Ms. Mikulski Mr. King Mr. Rubio Ms. Collins Mr. Lankford Mr. Heinrich Ms. Hirono Mr. Coats Committee on Banking, Housing, and Urban Affairs A BILL To award the Congressional Gold Medal, collectively, to the members of the Office of Strategic Services (OSS) in recognition of their superior service and major contributions during World War II. 1. Short title This Act may be cited as the Office of Strategic Services Congressional Gold Medal Act 2. Findings The Congress finds the following: (1) The Office of Strategic Services (OSS) was America’s first effort to implement a system of strategic intelligence during World War II and provided the basis for the modern-day American intelligence and special operations communities. The U.S. Special Operations Command and the National Clandestine Service chose the OSS spearhead as their insignias. (2) OSS founder General William J. Donovan is the only person in American history to receive our Nation's four highest decorations, including the Medal of Honor. Upon learning of his death in 1959, President Eisenhower called General Donovan the last hero secret legs (3) All the military branches during World War II contributed personnel to the OSS. The present-day Special Operations Forces trace their lineage to the OSS. Its Maritime Unit was a precursor to the U.S. Navy SEALs. The OSS Operational Groups and Jedburghs were forerunners to U.S. Army Special Forces. The 801st/492nd Bombardment Group ( Carpetbaggers nearest thing the United States has had to a Lawrence of Arabia (4) The OSS organized, trained, supplied, and fought with resistance organizations throughout Europe and Asia that played an important role in America’s victory during World War II. General Eisenhower credited the OSS’s covert contribution in France to the equivalent to having an extra military division. General Eisenhower told General Donovan that if it did nothing else, the photographic reconnaissance conducted by the OSS prior to the D-Day Invasion justified its creation. (5) Four future directors of central intelligence served as OSS officers: William Casey, William Colby, Allen Dulles, and Richard Helms. (6) Women comprised more than one-third of OSS personnel and played a critical role in the organization. They included Virginia Hall, the only civilian female to receive a Distinguished Service Cross in World War II, and Julia Child. (7) OSS recruited Fritz Kolbe, a German diplomat who became America's most important spy against the Nazis in World War II. (8) America’s leading scientists and scholars served in the OSS Research and Analysis Branch, including Ralph Bunche, the first African-American to receive the Nobel Peace Prize; Pulitzer Prize-winning historian Arthur Schlesinger, Jr.; Supreme Court Justice Arthur Goldberg; Sherman Kent; John King Fairbank; and Walt Rostow. Its ranks included seven future presidents of the American Historical Association, five of the American Economic Association, and two Nobel laureates. (9) The U.S. Department of State’s Bureau of Intelligence and Research traces its creation to the OSS Research and Analysis Branch. (10) James Donovan, who was portrayed by Tom Hanks in the Steven Spielberg movie Bridge of Spies (11) The OSS invented and employed new technology through its Research and Development Branch, inventing new weapons and revolutionary communications equipment. Dr. Christian Lam­bert­sen invented the first underwater rebreathing apparatus that was first utilized by the OSS and is known today as SCUBA. (12) OSS Detachment 101 operated in Burma and pioneered the art of unconventional warfare. It was the first United States unit to deploy a large guerrilla army deep in enemy territory. It has been credited with the highest kill/loss ratio for any infantry-type unit in American military history and was awarded a Presidential Unit Citation. (13) Its X–2 branch pioneered counterintelligence with the British and established the modern counterintelligence community. The network of contacts built by the OSS with foreign intelligence services led to enduring Cold War alliances. (14) Operation Torch, the Allied invasion of French North Africa in November 1942, was aided by the networks established and information acquired by the OSS to guide Allied landings. (15) OSS Operation Halyard rescued more than 500 downed airmen trapped behind enemy lines in Yugoslavia, one of the most daring and successful rescue operations of World War II. (16) OSS Mercy Missions (17) The handful of surviving men and women of the OSS whom General Donovan said performed some of the bravest acts of the war Greatest Generation 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 presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration to the members of the Office of Strategic Services (OSS), in recognition of their superior service and major contributions during World War II. (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 (c) Smithsonian Institution (1) In general Following the award of the gold medal in commemoration to the members of the Office of Strategic Services under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Office of Strategic Services. 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.

Office of Strategic Services Congressional Gold Medal Act

Second Chance Reauthorization Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 and the Second Chance Act of 2007 to revise and expand requirements for grant programs for adult and juvenile offender state and local reentry demonstration projects. (Sec. 2) Extends through FY2018 the authorization of appropriations for grants for: (1) family-based substance abuse treatment, (2) the technology careers training demonstration program, and (3) the offender reentry substance abuse and criminal justice collaboration program. Renames the program of mentoring grants to nonprofit organizations for offender reentry as the program of community-based mentoring and transitional service grants to nonprofit organizations. Provides for transitional services under such program to assist in the reintegration of offenders into the community. Reauthorizes the program through FY2018. Directs the Attorney General to identify and publish best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities. (Sec. 3) Requires the Inspector General of the Department of Justice (DOJ) to periodically conduct audits of not less than 5% of all recipients of specified offender reentry grants under the Omnibus Crime Control and Safe Streets Act of 1968 and the Second Chance Act of 2007. Prohibits: (1) a grantee that is found to have an unresolved audit finding from receiving grant funds; and (2) the use of grant funds for lobbying DOJ representatives or representatives of a federal, state, local, or tribal government regarding the award of grant funding. (Sec. 4) Amends the Second Chance Act of 2007 to: (1) modify and extend through FY2018 grant programs for reentry of federal prisoners into the community, including the program for placing elderly offenders (not less than 60 years of age) in home detention; (2) repeal programs under such Act relating to responsible reintegration of offenders, the study of the effectiveness of depot naltrexone for heroin addiction, and the satellite tracking and reentry training program; and (3) establish a program for partnering faith-based or community-based nonprofit organizations with prisons to conduct recidivism reduction activities. (Sec. 5) Directs the Attorney General to establish an interagency task force on federal programs and activities for the reentry of offenders into the community. Requires the task force to: (1) identify and evaluate methods for improving such programs and activities, and (2) submit to Congress and annually update a report on barriers faced by offenders in reentering the community. (Sec. 6) Amends the Prison Rape Elimination Act of 2003 to exclude from the scope of such Act grant programs administered by the Office of Violence Against Women or funded under certain provisions of the Omnibus Crime Control and Safe Streets Act of 1968 or the Juvenile Justice and Delinquency Prevention Act of 1974 during the four-year period after enactment of this Act.

113 S1690 RS: Second Chance Reauthorization Act of 2013 U.S. Senate 2013-11-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 580 113th CONGRESS 2d Session S. 1690 IN THE SENATE OF THE UNITED STATES November 13, 2013 Mr. Leahy Mr. Portman Mr. Durbin Ms. Klobuchar Mr. Franken Mr. Murphy Mr. Brown Ms. Landrieu Mr. Menendez Mrs. Gillibrand Mr. King Ms. Ayotte Mr. Kaine Mr. Wyden Mr. Blumenthal Mr. Rubio Mr. Whitehouse Mr. Booker Mr. Coons Ms. Collins Ms. Hirono Mr. Schumer Committee on the Judiciary October 1, 2014 Reported, under authority of the order of the Senate of September 18, 2014, by Mr. Leahy Omit the part struck through and insert the part printed in italic A BILL To reauthorize the Second Chance Act of 2007. 1. Short title This Act may be cited as the Second Chance Reauthorization Act of 2013 2. Improvements to existing programs (a) Reauthorization of adult and juvenile offender State and local demonstration projects Section 2976 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w (1) by striking subsection (a) and inserting the following: (a) Grant authorization The Attorney General shall make grants to States, local governments, territories, or Indian tribes, or any combination thereof (in this section referred to as an eligible entity ; (2) in subsection (b)— (A) in paragraph (3), by inserting or reentry courts, community, (B) in paragraph (6), by striking and (C) in paragraph (7), by striking the period at the end and inserting ; and (D) by adding at the end the following: (8) promoting employment opportunities consistent with the Transitional Jobs strategy (as defined in section 4 of the Second Chance Act of 2007 ( 42 U.S.C. 17502 ; (3) by striking subsections (d), (e), and (f) and inserting the following: (d) Combined grant application; priority consideration (1) In general The Attorney General shall develop a procedure to allow applicants to submit a single application for a planning grant under subsection (e) and an implementation grant under subsection (f). (2) Priority consideration The Attorney General shall give priority consideration to grant applications under subsections (e) and (f) that include a commitment by the applicant to partner with a local evaluator to identify and analyze data that will— (A) enable the grantee to target the intended offender population; and (B) serve as a baseline for purposes of the evaluation. (e) Planning grants (1) In general Except as provided in paragraph (3), the Attorney General may make a grant to an eligible entity of not more than $75,000 to develop a strategic, collaborative plan for an adult or juvenile offender reentry demonstration project as described in subsection (h) that includes— (A) a budget and a budget justification; (B) a description of the outcome measures that will be used to measure the effectiveness of the program in promoting public safety and public health; (C) the activities proposed; (D) a schedule for completion of the activities described in subparagraph (C); and (E) a description of the personnel necessary to complete the activities described in subparagraph (C). (2) Maximum total grants and geographic diversity (A) Maximum amount The Attorney General may not make planning grants and implementation grants to 1 eligible entity in a total amount that is more than a $1,000,000. (B) Geographic diversity The Attorney General shall make every effort to ensure equitable geographic distribution of grants under this section and take into consideration the needs of underserved populations, including rural and tribal communities. (3) Period of grant A planning grant made under this subsection shall be for a period of not longer than 1 year, beginning on the first day of the month in which the planning grant is made. (f) Implementation grants (1) Applications An eligible entity desiring an implementation grant under this subsection shall submit to the Attorney General an application that— (A) contains a reentry strategic plan as described in subsection (h), which describes the long-term strategy and incorporates a detailed implementation schedule, including the plans of the applicant to fund the program after Federal funding is discontinued; (B) identifies the local government role and the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will collaborate on, the offender reentry strategy of the applicant, and certifies the involvement of such agencies and organizations; (C) describes the evidence-based methodology and outcome measures that will be used to evaluate the program funded with a grant under this subsection, and specifically explains how such measurements will provide valid measures of the impact of that program; and (D) describes how the project could be broadly replicated if demonstrated to be effective. (2) Requirements The Attorney General may make a grant to an applicant under this subsection only if the application— (A) reflects explicit support of the chief executive officer, or their designee, of the State, unit of local government, territory, or Indian tribe applying for a grant under this subsection; (B) provides extensive discussion of the role of Federal corrections, State corrections departments, community corrections agencies, juvenile justice systems, and tribal or local jail systems in ensuring successful reentry of offenders into their communities; (C) provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, substance abuse, victims services, and employment services, and with local law enforcement agencies; (D) provides a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles to reintegration of offenders into the community; (E) includes the use of a State, local, territorial, or tribal task force, described in subsection (i), to carry out the activities funded under the grant; (F) provides a plan for continued collaboration with a local evaluator as necessary to meeting the requirements under subsection (h); and (G) demonstrates that the applicant participated in the planning grant process or engaged in comparable planning for the reentry project. (3) Priority considerations The Attorney General shall give priority to grant applications under this subsection that best— (A) focus initiative on geographic areas with a disproportionate population of offenders released from prisons, jails, and juvenile facilities; (B) include— (i) input from nonprofit organizations, in any case where relevant input is available and appropriate to the grant application; (ii) consultation with crime victims and offenders who are released from prisons, jails, and juvenile facilities; (iii) coordination with families of offenders; (iv) input, where appropriate, from the juvenile justice coordinating council of the region; (v) input, where appropriate, from the reentry coordinating council of the region; and (vi) other interested persons, as appropriate; (C) demonstrate effective case assessment and management abilities in order to provide comprehensive and continuous reentry, including— (i) planning for prerelease transitional housing and community release that begins upon admission for juveniles and jail inmates, and, as appropriate, for prison inmates, depending on the length of the sentence; (ii) establishing prerelease planning procedures to ensure that the eligibility of an offender for Federal, tribal, or State benefits upon release is established prior to release, subject to any limitations in law, and to ensure that offenders obtain all necessary referrals for reentry services, including assistance identifying and securing suitable housing; and (iii) delivery of continuous and appropriate mental health services, drug treatment, medical care, job training and placement, educational services, vocational services, and any other service or support needed for reentry; (D) review the process by which the applicant adjudicates violations of parole, probation, or supervision following release from prison, jail, or a juvenile facility, taking into account public safety and the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation of law); (E) provide for an independent evaluation of reentry programs that include, to the maximum extent possible, random assignment and controlled studies to determine the effectiveness of such programs; (F) target moderate and high-risk offenders for reentry programs through validated assessment tools; and (G) target offenders with histories of homelessness, substance abuse, or mental illness, including a prerelease assessment of the housing status of the offender and behavioral health needs of the offender with clear coordination with mental health, substance abuse, and homelessness services systems to achieve stable and permanent housing outcomes with appropriate support service. (4) Amount The amount of a grant made under this subsection may not be more than $925,000. (5) Period of grant A grant made under this subsection shall be effective for a 2-year period— (A) beginning on the date on which the planning grant awarded under subsection (e) concludes; or (B) in the case of an implementation grant awarded to an eligible entity that did not receive a planning grant, beginning on the date on which the implementation grant is awarded. ; (4) in subsection (h)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by striking paragraph (1) and inserting the following: (1) In general As a condition of receiving financial assistance under subsection (f), each application shall develop a comprehensive reentry strategic plan that— (A) contains a plan to assess inmate reentry needs and measurable annual and 3-year performance outcomes; (B) uses, to the maximum extent possible, randomly assigned and controlled studies, or rigorous quasi-experimental studies with matched comparison groups, to determine the effectiveness of the program funded with a grant under subsection (f); and (C) includes as a goal of the plan to reduce the rate of recidivism for offenders released from prison, jail or a juvenile facility with funds made available under subsection (f). (2) Local evaluator A partnership with a local evaluator described in subsection (d)(2) shall require the local evaluator to use the baseline data and target population characteristics developed under a subsection (e) planning grant to derive a feasible and meaningful target goal for recidivism reduction during the 3-year period beginning on the date of implementation of the program. ; (5) in subsection (i)(1)— (A) in the matter preceding subparagraph (A), by striking under this section under subsection (f) (B) in subparagraph (B), by striking subsection (e)(4) subsection (f)(2)(D) (6) in subsection (j)— (A) in paragraph (1), by inserting for an implementation grant under subsection (f) applicant (B) in paragraph (2)— (i) in subparagraph (E), by inserting , where appropriate support (ii) by striking subparagraphs (F), (G), and (H), and inserting the following: (F) increased number of staff trained to administer reentry services; (G) increased proportion of individuals served by the program among those eligible to receive services; (H) increased number of individuals receiving risk screening needs assessment, and case planning services; (I) increased enrollment in, and completion of treatment services, including substance abuse and mental health services among those assessed as needing such services; (J) increased enrollment in and degrees earned from educational programs, including high school, GED, vocational training, and college education; (K) increased number of individuals obtaining and retaining employment; (L) increased number of individuals obtaining and maintaining housing; (M) increased self-reports of successful community living, including stability of living situation and positive family relationships; (N) reduction in drug and alcohol use; and (O) reduction in recidivism rates for individuals receiving reentry services after release, as compared to either baseline recidivism rates in the jurisdiction of the grantee or recidivism rates of the control or comparison group. ; (C) in paragraph (3), by striking facilities. facilities, including a cost-benefit analysis to determine the cost effectiveness of the reentry program. (D) in paragraph (4), by striking this section subsection (f) (E) in paragraph (5), by striking this section subsection (f) (7) in subsection (k)(1), by striking this section subsection (f) (8) in subsection (l)— (A) in paragraph (2), by inserting beginning on the date on which the most recent implementation grant is made to the grantee under subsection (f) 2-year period (B) in paragraph (4), by striking over a 2-year period during the 2-year period described in paragraph (2) (9) in subsection (o)(1), by striking appropriated appropriated $35,000,000 for each of fiscal years 2014 through 2018. (10) by adding at the end the following: (p) Definition In this section, the term reentry court (1) monitors juvenile and adult eligible offenders reentering the community; (2) provides continual judicial supervision; (3) provides juvenile and adult eligible offenders reentering the community with coordinated and comprehensive reentry services and programs, such as— (A) drug and alcohol testing and assessment for treatment; (B) assessment for substance abuse from a substance abuse professional who is approved by the State or Indian tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate; (C) substance abuse treatment from a provider that is approved by the State or Indian tribe, and licensed, if necessary, to provide medical and other health services; (D) health (including mental health) services and assessment; (E) aftercare and case management services that— (i) facilitate access to clinical care and related health services; and (ii) coordinate with such clinical care and related health services; and (F) any other services needed for reentry; (4) convenes community impact panels, victim impact panels, or victim impact educational classes; (5) provides and coordinates the delivery of community services to juvenile and adult eligible offenders, including— (A) housing assistance; (B) education; (C) job training; (D) conflict resolution skills training; (E) batterer intervention programs; and (F) other appropriate social services; and (6) establishes and implements graduated sanctions and incentives. . (b) Grants for family-Based substance abuse treatment Part DD of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.) is amended— (1) in section 2921 ( 42 U.S.C. 3797s nonprofit organizations, and Indian (2) in section 2923 ( 42 U.S.C. 3797s–2 (c) Priority considerations The Attorney General shall give priority consideration to grant applications for grants under section 2921 that are submitted by a nonprofit organization that demonstrates a relationship with State and local criminal justice agencies, including— (1) within the judiciary and prosecutorial agencies; or (2) with the local corrections agencies, which shall be documented by a written agreement that details the terms of access to facilities and participants and provides information on the history of the organization of working with correctional populations. ; and (3) by striking section 2926(a) ( 42 U.S.C. 3797s–5(a) (a) In general There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2014 through 2018. . (c) Grant program To evaluate and improve educational methods at prisons, jails, and juvenile facilities Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. (1) by redesignating part KK ( 42 U.S.C. 3797ee et seq. (2) by redesignating the second part designated as part JJ, as added by the Second Chance Act of 2007 ( Public Law 110–199 (3) by redesignating the second section designated as section 3001 and section 3002 (42 U.S.C. 3797dd and 3797dd–1), as added by the Second Chance Act of 2007 (Public Law 110–199; 122 Stat. 677), relating to grants to evaluate and improve educational methods, as sections 3005 and 3006, respectively; (4) in section 3005, as so redesignated— (A) in subsection (a)— (i) in paragraph (2), by striking and (ii) in paragraph (3), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (4) implement methods to improve academic and vocational education for offenders in prisons, jails, and juvenile facilities consistent with the best practices identified in subsection (c). ; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b), the following: (c) Best practices Not later than 180 days after the date of enactment of the Second Chance Reauthorization Act of 2013 Second Chance Reauthorization Act of 2013 ; and (5) in section 3006, as so redesignated, by striking to carry 2010 for each of fiscal years 2014, 2015, 2016, 2017, and 2018 for grants for purposes described in section 3005(a)(4) (d) Careers training demonstration grants Section 115 of the Second Chance Act of 2007 ( 42 U.S.C. 17511 (1) in subsection (a)— (A) by striking and Indian nonprofit organizations, and Indian (B) by striking technology career training to prisoners career training, including subsidized employment, when part of a training program, to prisoners and reentering youth and adults (2) in subsection (b)— (A) by striking technology careers training (B) by striking technology-based (C) by inserting , as well as upon transition and reentry into the community facility (3) by striking subsections (c) and (e); (4) by inserting after subsection (b) the following: (c) Priority consideration Priority consideration shall be given to any application under this section that— (1) provides assessment of local demand for employees in the geographic areas to which offenders are likely to return; (2) conducts individualized reentry career planning upon the start of incarceration or post-release employment planning for each offender served under the grant; (3) demonstrates connections to employers within the local community; or (4) tracks and monitors employment outcomes. ; and (5) by adding at the end the following: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018. . (e) Offender reentry substance abuse and criminal justice collaboration program Section 201(f)(1) of the Second Chance Act of 2007 (42 U.S.C. 17521(f)(1)) is amended to read as follows: (1) In general There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. . (f) Community-Based mentoring and transitional service grants to nonprofit organizations (1) In general Section 211 of the Second Chance Act of 2007 (42 U.S.C. 17531) is amended— (A) in the header, by striking Mentoring grants to nonprofit organizations Community-based mentoring and transitional service grants to nonprofit organizations (B) in subsection (a), by striking mentoring and other (C) in subsection (b), by striking paragraph (2) and inserting the following: (2) transitional services to assist in the reintegration of offenders into the community, including— (A) educational, literacy, and vocational, services and the Transitional Jobs strategy; (B) substance abuse treatment and services; (C) coordinated supervision and comprehensive services for offenders, including housing and mental and physical health care; (D) family services; and (E) validated assessment tools to assess the risk factors of returning inmates; and ; and (D) in subsection (f), by striking this section this section $15,000,000 for fiscal years 2014 through 2018. (2) Table of contents amendment The table of contents in section 2 of the Second Chance Act of 2007 ( 42 U.S.C. 17501 note Public Law 110–199; 122 Stat. 657 Sec. 211. Community-based mentoring and transitional service grants. . (g) Definitions (1) In general Section 4 of the Second Chance Act of 2007 (42 U.S.C. 17502) is amended to read as follows: 4. Definitions In this Act— (1) the term exoneree (A) has been convicted of a Federal, tribal, or State offense that is punishable by a term of imprisonment of more than 1 year; (B) has served a term of imprisonment for not less than 6 months in a Federal, tribal, or State prison or correctional facility as a result of the conviction described in subparagraph (A); and (C) has been determined to be factually innocent of the offense described in subparagraph (A); (2) the term Indian tribe (3) the term offender (4) the term Transitional Jobs strategy (A) is conducted by State, tribal, and local governments, State, tribal, and local workforce boards, and nonprofit organizations; (B) provides time-limited employment using individual placements, team placements, and social enterprise placements, without displacing existing employees; (C) pays wages in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law, which are subsidized, in whole or in part, by public funds; (D) combines time-limited employment with activities that promote skill development, remove barriers to employment, and lead to unsubsidized employment such as a thorough orientation and individual assessment, job readiness and life skills training, case management and supportive services, adult education and training, child support-related services, job retention support and incentives, and other similar activities; (E) places participants into unsubsidized employment; and (F) provides job retention, re-employment services, and continuing and vocational education to ensure continuing participation in unsubsidized employment and identification of opportunities for advancement. . (2) Table of contents amendment The table of contents in section 2 of the Second Chance Act of 2007 ( 42 U.S.C. 17501 note Public Law 110–199; 122 Stat. 657 Sec. 4. Definitions. . (h) Extension of the length of section 2976 grants Section 6(1) of the Second Chance Act of 2007 ( 42 U.S.C. 17504(1) striking 211, and 212 and 211 title I of 42 U.S.C. 3797w after and 212 3. Audit and accountability of grantees (a) Definition In this section, the term unresolved audit finding (b) Audit requirement Beginning in fiscal year 2013, and every 3 years thereafter, the Inspector General of the Department of Justice shall conduct an audit of not less than 5 percent of all grantees that are awarded funding under— (1) section 2976(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)); (2) part CC of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.), as amended by this Act; ( 3 2 part DD of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.); ( 4 3 part JJ of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797dd et seq.); or ( 5 4 section 115, 201, or 211 of the Second Chance Act of 2007 ( 42 U.S.C. 17511 (c) Mandatory exclusion A grantee that is found to have an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under the grant programs described in paragraphs (1) through (5) of subsection (b) in the fiscal year following the fiscal year to which the finding relates. (d) Priority of grant awards The Attorney General, in awarding grants under the programs described in paragraphs (1) through (5) of subsection (b) shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding. (e) Prohibition on lobbying activity (1) In general Amounts authorized to be appropriated to carry out a grant program described in paragraphs (1) through (5) of subsection (b) may not be used by any grant recipient to— (A) lobby any representative of the Department of Justice regarding the award of grant funding; or (B) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. (2) Penalty If the Attorney General determines that any recipient of a grant under this Act has violated paragraph (1), the Attorney General shall— (A) require the grant recipient to repay the grant in full; and (B) prohibit the grant recipient from receiving another grant under any grant program described in paragraphs (1) through (5) of subsection (b) for not less than 5 years. 4. Federal reentry improvements (a) Responsible reintegration of offenders Section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 (b) Federal prisoner reentry initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 (1) in subsection (g)— (A) in paragraph (3), by striking carried out during fiscal years 2009 and 2010 carried out during fiscal years 2014 through 2018 (B) in paragraph (5)(A)— (i) in clause (i), by striking 65 years 60 years (ii) in clause (ii), by striking or 75 percent or 2/3 (2) by striking subsection (h); (3) by redesignating subsection (i) as subsection (h); and (4) in subsection (h), as so redesignated, by striking 2009 and 2010 2014 through 2018 (c) Enhancing reporting requirements pertaining to community corrections Section 3624(c) (1) in paragraph (5), in the second sentence, by inserting , and number of prisoners not being placed in community corrections facilities for each reason set forth , and any other information (2) in paragraph (6), by striking the Second Chance Act of 2007 the Second Chance Reauthorization Act of 2013 (d) Termination of study on effectiveness of depot naltrexone for heroin addiction Section 244 of the Second Chance Act of 2007 (42 U.S.C. 17554) is repealed. (e) Authorization of appropriations for research Section 245 of the Second Chance Act of 2007 ( 42 U.S.C. 17555 (1) by striking 243, and 244 and 243 (2) by striking $10,000,000 for each of the fiscal years 2009 and 2010 $5,000,000 for each of the fiscal years 2014, 2015, 2016, 2017, and 2018 (f) Federal prisoner recidivism reduction programming enhancement (1) In general Section 3621 (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: (g) Partnerships To expand access to reentry programs proven To reduce recidivism (1) Definition The term demonstrated to reduce recidivism (2) Eligibility for recidivism reduction partnership A faith-based or community-based nonprofit organization that provides mentoring or other programs that have been demonstrated to reduce recidivism is eligible to enter into a recidivism reduction partnership with a prison or community-based facility operated by the Bureau of Prisons. (3) Recidivism reduction partnerships The Director of the Bureau of Prisons shall develop policies to require wardens of prisons and community-based facilities to enter into recidivism reduction partnerships with faith-based and community-based nonprofit organizations that are willing to provide, on a volunteer basis, programs described in paragraph (2). (4) Reporting requirement The Director of the Bureau of Prisons shall submit to Congress an annual report on the last day of each fiscal year that— (A) details, for each prison and community-based facility for the fiscal year just ended— (i) the number of recidivism reduction partnerships under this section that were in effect; (ii) the number of volunteers that provided recidivism reduction programming; and (iii) the number of recidivism reduction programming hours provided; and (B) explains any disparities between facilities in the numbers reported under subparagraph (A). . (2) Effective date The amendments made by paragraph (1) shall take effect 180 days after the date of enactment of this Act. (g) Repeals (1) Section 2978 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w–2) is repealed. (2) Part CC of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.) is repealed. 5. Task Force on Federal programs and activities relating to reentry of offenders (a) Task Force Required The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other agencies of the Federal Government as the Attorney General considers appropriate, and in collaboration with interested persons, service providers, nonprofit organizations, States, tribal, and local governments, shall establish an interagency task force on Federal programs and activities relating to the reentry of offenders into the community (referred to in this section as the Task Force (b) Duties The Task Force shall— (1) identify such programs and activities that may be resulting in overlap or duplication of services, the scope of such overlap or duplication, and the relationship of such overlap and duplication to public safety, public health, and effectiveness and efficiency; (2) identify methods to improve collaboration and coordination of such programs and activities; (3) identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency; (4) develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of reentering offenders and children of offenders; (5) develop methods for increasing regular communication among agencies that would increase interagency program effectiveness; (6) identify areas of research that can be coordinated across agencies with an emphasis on applying evidence-based practices to support, treatment, and intervention programs for reentering offenders; (7) identify funding areas that should be coordinated across agencies and any gaps in funding; and (8) in collaboration with the National Adult and Juvenile Offender Reentry Resources Center, identify successful programs currently operating and collect best practices in offender reentry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, nonprofit organizations, and others. (c) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Task Force shall submit a report, including recommendations, to Congress on barriers to reentry. (2) Contents The report required under paragraph (1) shall identify Federal and other barriers to successful reentry of offenders into the community and analyze the effects of such barriers on offenders and on children and other family members of offenders, including— (A) admissions and evictions from Federal housing programs; (B) child support obligations and procedures; (C) Social Security benefits, veterans benefits, food stamps, and other forms of Federal public assistance; (D) Medicaid Program and Medicare Program procedures, requirements, regulations, and guidelines; (E) education programs, financial assistance, and full civic participation; (F) Temporary Assistance for Needy Families program funding criteria and other welfare benefits; (G) employment and training; (H) reentry procedures, case planning, and transitions of persons from the custody of the Federal Bureau of Prisons to a Federal parole or probation program or community corrections; (I) laws, regulations, rules, and practices that may require a parolee to return to the same county that they were living in before their arrest and therefore prevent offenders from changing their setting upon release; and (J) trying to establish pre-release planning procedures for prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security and veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are referred to appropriate nonprofit organizations. (d) Updated reports On an annual basis, the Task Force shall submit to Congress an updated report on the activities of the Task Force, including specific recommendations on issues described in subsections (b) and (c). 6. Protecting important funding for crime victims and law enforcement Section 8(e)(1) of the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15607(e)(1) (C) Limitation (i) Violence Against Women Act For purposes of this subsection, a grant program shall not be considered to be covered by this subsection if the program is administered by the Office of Violence Against Women. (ii) Delay During the 4-year period beginning on the date of enactment of the Second Chance Reauthorization Act of 2013 42 U.S.C. 5631 (iii) Applicability to funds No funds appropriated to programs described in clause (i) or (ii), including any funds appropriated before the date of enactment of the Second Chance Reauthorization Act of 2013 . October 1, 2014 Reported with amendments

Second Chance Reauthorization Act of 2013

(This measure has not been amended since it was passed by the Senate on September 18, 2014. The summary of that version is repeated here.) Border Patrol Agent Pay Reform Act of 2014 - (Sec. 2) States as the purposes of this Act: (1) strengthening U.S. Customs and Border Protection (CBP) and ensuring that border patrol agents are sufficiently ready to conduct necessary work and will perform overtime hours in excess of a 40-hour workweek based on the needs of CBP, and (2) ensuring CBP has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need. Requires a border patrol agent, not later than 30 days before the first day of each year beginning after the enactment of this Act, to make an election whether such agent shall, for that year, be assigned to: (1) the level 1 border patrol rate of pay (i.e., hourly rate of pay equal to 1.25 times the otherwise applicable hourly rate of basic pay); (2) the level 2 border patrol rate of pay (i.e., the hourly rate of pay equal to 1.125 times the otherwise hourly rate of basic pay); or (3) the basic border patrol rate of pay, with additional overtime as needed by CBP. Requires: (1) the Office of Personnel Management (OPM) to promulgate regulations establishing procedures for such elections, and (2) CBP to provide each border patrol agent with information on each type of election available and how to make an election. Exempts from such limitation agents working at CBP headquarters or a CBP training location. Provides that an agent who fails to elect a pay level or an agent who is assigned a canine shall  be assigned to the level 1 rate of pay. Requires CBP to: (1) assign an agent to the basic border patrol rate of pay until it determines that the agent is able to perform scheduled overtime on a daily basis, and (2) take such action to ensure that not more than 10% of the agents stationed at a location are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay. Allows CBP to waive the 10% limitation if it determines that it may do so and adequately fulfill its operational requirements. Requires CBP to develop, implement, and report on, a plan to ensure that the assignment of a border patrol agent during the three years of service before such agent becomes eligible for immediate retirement are consistent with the average border patrol rate of pay level to which the agent has been assigned during the course of his or her career. Requires the Comptroller General (GAO) to report to Congress on the effectiveness of the plan in ensuring that agents are not able to artificially enhance their retirement annuities. Specifies the terms and conditions of level 1 and 2 border patrol rates of pay, premium pay, eligibility for leave without pay, overtime, and compensatory time off. Requires CBP to avoid the use of scheduled overtime work by border patrol agents to the maximum extent practicable. Includes supplemental pay from levels 1 and 2 rates of pay as part of a border patrol agent's basic pay for purposes of calculating retirement annuities. Requires: (1) CBP to conduct a comprehensive analysis that examines the staffing requirements for CBP and estimates the cost of such requirements and submit a report on such analysis to GAO, and (2) GAO to report on the methodology used by CBP to carry out its analysis and whether GAO concurs with the findings in the CBP report.  States that nothing in this Act shall be construed to: (1) limit the right of CBP to assign both scheduled and unscheduled work to a border patrol agent based on the needs of the agency in excess of the hours of work normally applicable under the election made by the agent; (2) require compensation of an agent for other than for hours during which the agent is actually performing work or using approved leave; or (3) exempt an agent from any limitations on pay, earnings, or compensation prescribed by law. Requires OPM to promulgate regulations to carry out this Act. (Sec. 3) Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to: (1) establish positions in the excepted service in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department of Homeland Security (DHS) relating to cybersecurity (qualified positions), including positions formerly identified as senior level positions and positions in the Senior Executive Service (SES); and (2) appoint an individual to such a qualified position. Requires the Secretary to fix the rates of basic pay for any qualified position in relation to the rates of pay provided for comparable positions in the Department of Defense (DOD) and allows the Secretary to provide such employees with additional compensation, incentives, and allowances. Requires the Secretary to annually submit to Congress for five years a report that: (1) discusses the process used in accepting applications and accessing candidates for qualified positions, ensuring adherence to veteran preferences; (2) describes how the Secretary plans to fulfill the critical need of DHS to recruit and retain employees in a qualified position; (3) discusses how such planning is integrated into the strategic workforce of DHS; (4) provides information on the number of employees, including veterans, hired and the number of separations and retirements of employees in qualified positions; and (5) describes the training provided to supervisors of employees in qualified positions on the use of new authorities. Establishes a probationary period of three years for all employees hired. Directs the National Protection and Programs Directorate to report to Congress on the availability of, and benefits of using, cybersecurity personnel and facilities outside of the National Capital Region. (Sec. 4) Homeland Security Cybersecurity Workforce Assessment Act - Requires the Secretary to: (1) identify all cybersecurity workforce positions within DHS; (2) determine the primary cybersecurity work category and specialty area of all DHS cybersecurity workforce positions; (3) assign the corresponding data element code, as set forth in OPM's Guide to Data Standards, that is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report; (4) establish procedures to identify open positions that include cybersecurity functions; and (5) assign the appropriate employment code to each such position. Directs the Secretary, annually through 2021, to: (1) identify cybersecurity work categories and specialty areas of critical need in the DHS cybersecurity workforce, and (2) submit a report to the OPM Director that describes such categories and areas and substantiates the critical need designations. Requires: (1) the OPM Director to provide the Secretary with guidance for identifying cybersecurity work categories and specialty areas of critical need, including areas with acute skill and emerging skill shortages; and (2) the Secretary to identify specialty areas of critical need in DHS's cybersecurity workforce and submit a progress report to Congress. Directs GAO to analyze, monitor, and report on the implementation of DHS cybersecurity workforce measures.

S1691 ENR: Border Patrol Agent Pay Reform 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. 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. 1691 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 5, United States Code, to improve the security of the United States border and to provide for reforms and rates of pay for border patrol agents. 1. Short title This Act may be cited as the Border Patrol Agent Pay Reform Act of 2014 2. Border patrol rate of pay (a) Purpose The purposes of this Act are— (1) to strengthen U.S. Customs and Border Protection and ensure that border patrol agents are sufficiently ready to conduct necessary work and will perform overtime hours in excess of a 40-hour workweek based on the needs of U.S. Customs and Border Protection; and (2) to ensure U.S. Customs and Border Protection has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need. (b) Rates of pay Subchapter V of chapter 55 5550. Border patrol rate of pay (a) Definitions In this section— (1) the term basic border patrol rate of pay (2) the term border patrol agent (3) the term level 1 border patrol rate of pay (4) the term level 2 border patrol rate of pay (5) the term work period (b) Receipt of border patrol rate of pay (1) Voluntary election (A) In general Not later than 30 days before the first day of each year beginning after the date of enactment of this section, a border patrol agent shall make an election whether the border patrol agent shall, for that year, be assigned to— (i) the level 1 border patrol rate of pay; (ii) the level 2 border patrol rate of pay; or (iii) the basic border patrol rate of pay, with additional overtime assigned as needed by U.S. Customs and Border Protection. (B) Regulations The Director of the Office of Personnel Management shall promulgate regulations establishing procedures for elections under subparagraph (A). (C) Information regarding election Not later than 60 days before the first day of each year beginning after the date of enactment of this section, U.S. Customs and Border Protection shall provide each border patrol agent with information regarding each type of election available under subparagraph (A) and how to make such an election. (D) Assignment in lieu of election Notwithstanding subparagraph (A)— (i) a border patrol agent who fails to make a timely election under subparagraph (A) shall be assigned to the level 1 border patrol rate of pay; (ii) a border patrol agent who is assigned a canine shall be assigned to the level 1 border patrol rate of pay; (iii) if at any time U.S. Customs and Border Protection concludes that a border patrol agent is unable to perform overtime on a daily basis in accordance with this section, U.S. Customs and Border Protection shall assign the border patrol agent to the basic border patrol rate of pay until such time as U.S. Customs and Border Protection determines that the border patrol agent is able to perform scheduled overtime on a daily basis; (iv) unless the analysis conducted under section 2(e) of the Border Patrol Agent Pay Reform Act of 2014 (I) at U.S. Customs and Border Protection headquarters; (II) as a training instructor at a U.S. Customs and Border Protection training facility; (III) in an administrative position; or (IV) as a fitness instructor; and (v) a border patrol agent may be assigned to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay in accordance with subparagraph (E). (E) Flexibility (i) In general Except as provided in clauses (ii) and (iii), and notwithstanding any other provision of law, U.S. Customs and Border Protection shall take such action as is necessary, including the unilateral assignment of border patrol agents to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay, to ensure that not more than 10 percent of the border patrol agents stationed at a location are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay. (ii) Waiver U.S. Customs and Border Protection may waive the limitation under clause (i) on the percent of border patrol agents stationed at a location who are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay if, based on the analysis conducted under section 2(e) of the Border Patrol Agent Pay Reform Act of 2014 (iii) Certain locations Clause (i) shall not apply to border patrol agents working at the headquarters of U.S. Customs and Border Protection or a training location of U.S. Customs and Border Protection. (F) Canine care For a border patrol agent assigned to provide care for a canine and assigned to the level 1 border patrol rate of pay in accordance with subparagraph (D)(ii)— (i) that rate of pay covers all such care; (ii) for the purposes of scheduled overtime under paragraph (2)(A)(ii), such care shall be counted as 1 hour of scheduled overtime on each regular workday without regard to the actual duration of such care or whether such care occurs on the regular workday; and (iii) no other pay shall be paid to the border patrol agent for such care. (G) Pay assignment continuity (i) In general Not later than 1 year after the date of enactment of the Border Patrol Agent Pay Reform Act of 2014 (ii) Implementation Notwithstanding any other provision of law, U.S. Customs and Border Protection may take such action as is necessary, including the unilateral assignment of border patrol agents to the level 1 border patrol rate of pay, the level 2 border patrol rate of pay, or the basic border patrol rate of pay, to implement the plan developed under this subparagraph. (iii) Reporting U.S. Customs and Border Protection shall submit the plan developed under clause (i) to the appropriate committees of Congress. (iv) GAO review Not later than 6 months after U.S. Customs and Border Protection issues the plan required under clause (i), the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the effectiveness of the plan in ensuring that border patrol agents are not able to artificially enhance their retirement annuities. (v) Definition In this subparagraph, the term appropriate committees of Congress (I) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (II) the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives. (vi) Rule of construction Nothing in this subparagraph shall be construed to limit the ability of U.S. Customs and Border Protection to assign border patrol agents to border patrol rates of pay as necessary to meet operational requirements. (2) Level 1 border patrol rate of pay For a border patrol agent who is assigned to the level 1 border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 workdays per week with— (i) 8 hours of regular time per workday, which may be interrupted by an unpaid off-duty meal break; and (ii) 2 additional hours of scheduled overtime during each day the agent performs work under clause (i); (B) for paid hours of regular time described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 1 border patrol rate of pay; (C) compensation for the hours of regularly scheduled overtime work described in subparagraph (A)(ii) is provided indirectly through the 25 percent supplement within the level 1 border patrol rate of pay, and the border patrol agent may not receive for such hours— (i) any compensation in addition to the compensation under subparagraph (B) under this section or any other provision of law; or (ii) any compensatory time off; (D) the border patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 100 hours during a work period, as determined in accordance with section 5542(g); (E) the border patrol agent shall be charged corresponding amounts of paid leave, compensatory time off, or other paid time off for each hour (or part thereof) the agent is absent from work during regular time (except that full days off for military leave shall be charged when required); (F) if the border patrol agent is absent during scheduled overtime described in subparagraph (A)(ii)— (i) the border patrol agent shall accrue an obligation to perform other overtime work for each hour (or part thereof) the border patrol agent is absent; and (ii) any overtime work applied toward the obligation under clause (i) shall not be credited as overtime work under any other provision of law; and (G) for the purposes of advanced training, the border patrol agent— (i) shall be paid at the level 1 border patrol rate of pay for the first 60 days of advanced training in a calendar year; and (ii) for any advanced training in addition to the advanced training described in clause (i), shall be paid at the basic border patrol rate of pay. (3) Level 2 border patrol rate of pay For a border patrol agent who is assigned to the level 2 border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 workdays per week with— (i) 8 hours of regular time per workday, which may be interrupted by an unpaid off-duty meal break; and (ii) 1 additional hour of scheduled overtime during each day the agent performs work under clause (i); (B) for paid hours of regular time described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 2 border patrol rate of pay; (C) compensation for the hours of regularly scheduled overtime work described in subparagraph (A)(ii) is provided indirectly through the 12.5 percent supplement within the level 2 border patrol rate of pay, and the border patrol agent may not receive for such hours— (i) any compensation in addition to the compensation under subparagraph (B) under this section or any other provision of law; or (ii) any compensatory time off; (D) the border patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 90 hours during a work period, as determined in accordance with section 5542(g); (E) the border patrol agent shall be charged corresponding amounts of paid leave, compensatory time off, or other paid time off for each hour (or part thereof) the agent is excused from work during regular time (except that full days off for military leave shall be charged when required); (F) if the border patrol agent is absent during scheduled overtime described in subparagraph (A)(ii)— (i) the border patrol agent shall accrue an obligation to perform other overtime work for each hour (or part thereof) the border patrol agent is absent; and (ii) any overtime work applied toward the obligation under clause (i) shall not be credited as overtime work under any other provision of law; and (G) for the purposes of advanced training, the border patrol agent— (i) shall be paid at the level 2 border patrol rate of pay for the first 60 days of advanced training in a calendar year; and (ii) for any advanced training in addition to the advanced training described in clause (i), shall be paid at the basic border patrol rate of pay. (4) Basic border patrol rate of pay For a border patrol agent who is assigned to the basic border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 workdays per week with 8 hours of regular time per workday; and (B) the border patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 80 hours during a work period, as determined in accordance with section 5542(g). (c) Eligibility for other premium pay A border patrol agent— (1) shall receive premium pay for nightwork in accordance with subsections (a) and (b) of section 5545 and Sunday and holiday pay in accordance with section 5546, without regard to the rate of pay to which the border patrol agent is assigned under this section, except that— (A) no premium pay for night, Sunday, or holiday work shall be provided for hours of regularly scheduled overtime work described in paragraph (2)(A)(ii) or (3)(A)(ii) of subsection (b), consistent with the requirements of paragraph (2)(C) or (3)(C) of subsection (b); and (B) section 5546(d) shall not apply and instead eligibility for pay for, and the rate of pay for, any overtime work on a Sunday or a designated holiday shall be determined in accordance with this section and section 5542(g); (2) except as provided in paragraph (3) or section 5542(g), shall not be eligible for any other form of premium pay under this title; and (3) shall be eligible for hazardous duty pay in accordance with section 5545(d). (d) Treatment as basic pay Any pay in addition to the basic border patrol rate of pay for a border patrol agent resulting from application of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay— (1) subject to paragraph (2), shall be treated as part of basic pay solely for— (A) purposes of sections 5595(c), 8114(e), 8331(3)(I), and 8704(c); (B) any other purpose that the Director of the Office of Personnel Management may by regulation prescribe; and (C) any other purpose expressly provided for by law; and (2) shall not be treated as part of basic pay for the purposes of calculating overtime pay, night pay, Sunday pay, or holiday pay under section 5542, 5545, or 5546. (e) Travel time Travel time to and from home and duty station by a border patrol agent shall not be considered hours of work under any provision of law. (f) Leave without pay and substitution of hours (1) Regular time (A) In general For a period of leave without pay during the regular time of a border patrol agent (as described in paragraph (2)(A)(i), (3)(A)(i), or (4)(A) of subsection (b)) within a work period, an equal period of work outside the regular time of the border patrol agent, but in the same work period— (i) shall be substituted and paid for at the rate applicable for the regular time; and (ii) shall not be credited as overtime hours for any purpose. (B) Priority for same day work In substituting hours of work under subparagraph (A), work performed on the same day as the period of leave without pay shall be substituted first. (C) Priority for regular time substitution Hours of work shall be substituted for regular time work under this paragraph before being substituted for scheduled overtime under paragraphs (2), (3), and (4). (2) Overtime work (A) In general For a period of absence during scheduled overtime (as described in paragraph (2)(F) or (3)(F) of subsection (b)) within a work period, an equal period of additional work in the same work period— (i) shall be substituted and credited as scheduled overtime; and (ii) shall not be credited as overtime hours under any other provision of law. (B) Priority for same day work In substituting hours of work under subparagraph (A), work performed on the same day as the period of absence shall be substituted first. (3) Application of compensatory time If a border patrol agent does not have sufficient additional work in a work period to substitute for all periods of absence during scheduled overtime (as described in paragraph (2)(F) or (3)(F) of subsection (b)) within that work period, any accrued compensatory time off under section 5542(g) shall be applied to satisfy the hours obligation. (4) Insufficient hours If a border patrol agent has a remaining hours obligation of scheduled overtime after applying paragraphs (2) and (3), any additional work in subsequent work periods that would otherwise be credited under section 5542(g) shall be applied towards the hours obligation until that obligation is satisfied. (g) Authority To require overtime work Nothing in this section shall be construed to limit the authority of U.S. Customs and Border Protection to require a border patrol agent to perform hours of overtime work in accordance with the needs of U.S. Customs and Border Protection, including if needed in the event of a local or national emergency. . (c) Overtime work (1) In general Section 5542 of title 5, United States Code, is amended by adding at the end the following: (g) In applying subsection (a) with respect to a border patrol agent covered by section 5550, the following rules apply: (1) Notwithstanding the matter preceding paragraph (1) in subsection (a), for a border patrol agent who is assigned to the level 1 border patrol rate of pay under section 5550— (A) hours of work in excess of 100 hours during a 14-day biweekly pay period shall be overtime work; and (B) the border patrol agent— (i) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2) of subsection (a)) for hours of overtime work that are officially ordered or approved in advance of the workweek; and (ii) except as provided in paragraphs (4) and (5), shall receive compensatory time off for an equal amount of time spent performing overtime work that is not overtime work described in clause (i). (2) Notwithstanding the matter preceding paragraph (1) in subsection (a), for a border patrol agent who is assigned to the level 2 border patrol rate of pay under section 5550— (A) hours of work in excess of 90 hours during a 14-day biweekly pay period shall be overtime work; and (B) the border patrol agent— (i) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2) of subsection (a)) for hours of overtime work that are officially ordered or approved in advance of the workweek; and (ii) except as provided in paragraphs (4) and (5), shall receive compensatory time off for an equal amount of time spent performing overtime work that is not overtime work described in clause (i). (3) Notwithstanding the matter preceding paragraph (1) in subsection (a), for a border patrol agent who is assigned to the basic border patrol rate of pay under section 5550— (A) hours of work in excess of 80 hours during a 14-day biweekly pay period shall be overtime work; and (B) the border patrol agent— (i) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2) of subsection (a)) for hours of overtime work that are officially ordered or approved in advance of the workweek; and (ii) except as provided in paragraphs (4) and (5), shall receive compensatory time off for an equal amount of time spent performing overtime work that is not overtime work described in clause (i). (4) (A) Except as provided in subparagraph (B), during a 14-day biweekly pay period, a border patrol agent may not earn compensatory time off for more than 10 hours of overtime work. (B) U.S. Customs and Border Protection may, as it determines appropriate, waive the limitation under subparagraph (A) for an individual border patrol agent for hours of irregular or occasional overtime work, but such waiver must be approved in writing in advance of the performance of any such work for which compensatory time off is earned under paragraph (1)(B)(ii), (2)(B)(ii), or (3)(B)(ii). If a waiver request by a border patrol agent is denied, the border patrol agent may not be ordered to perform the associated overtime work. (5) A border patrol agent— (A) may not earn more than 240 hours of compensatory time off during a leave year; (B) shall use any hours of compensatory time off not later than the end of the 26th pay period after the pay period during which the compensatory time off was earned; (C) shall be required to use 1 hour of compensatory time off for each hour of regular time not worked for which the border patrol agent is not on paid leave or other paid time off or does not substitute time in accordance with section 5550(f); (D) shall forfeit any compensatory time off not used in accordance with this paragraph and, regardless of circumstances, shall not be entitled to any cash value for compensatory time earned under section 5550; (E) shall not receive credit towards the computation of the annuity of the border patrol agent for compensatory time, whether used or not; and (F) shall not be credited with compensatory time off if the value of such time off would cause the aggregate premium pay of the border patrol agent to exceed the limitation established under section 5547 in the period in which it was earned. . (2) Minimization of overtime U.S. Customs and Border Protection shall, to the maximum extent practicable, avoid the use of scheduled overtime work by border patrol agents. (d) Retirement Section 8331(3) (1) in subparagraph (G), by striking and (2) in subparagraph (H), by inserting and (3) by inserting a new subparagraph after subparagraph (H) as follows: (I) with respect to a border patrol agent, the amount of supplemental pay received through application of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay for scheduled overtime within the regular tour of duty of the border patrol agent as provided in section 5550; ; and (4) in the undesignated matter following subparagraph (H), by striking subparagraphs (B) through (H) subparagraphs (B) through (I) (e) Comprehensive staffing analysis (1) In general Not later than 1 year after the date of enactment of this Act, U.S. Customs and Border Protection shall conduct a comprehensive analysis, and submit to the Comptroller General of the United States a report, that— (A) examines the staffing requirements for U.S. Border Patrol to most effectively meet its operational requirements at each Border Patrol duty station; (B) estimates the cost of the staffing requirements at each Border Patrol duty station; and (C) includes— (i) a position-by-position review at each Border Patrol station to determine— (I) the duties assigned to each position; (II) how the duties relate to the operational requirements of U.S. Border Patrol; and (III) the number of hours border patrol agents in that position would need to work each pay period to meet the operational requirements of U.S. Border Patrol; (ii) the metrics used to determine the number of hours of work performed at each Border Patrol station, broken down by the type of hours worked; (iii) a cost analysis of the most recent full fiscal year by the type of full-time equivalent hours worked; (iv) a cost estimate by the type of full-time equivalent hours expected to be worked during the first full fiscal year after the date of enactment of this Act; and (v) an analysis that compares the cost of assigning the full-time equivalent hours needed to meet the operational requirements of U.S. Border Patrol to existing border patrol agents through higher rates of pay versus recruiting, hiring, training, and deploying additional border patrol agents. (2) Independent validator Not later than 90 days after the date on which the Comptroller General receives the report under paragraph (1), the Comptroller General shall submit to the appropriate committees of Congress a report that— (A) examines the methodology used by U.S. Customs and Border Protection to carry out the analysis; and (B) indicates whether the Comptroller General concurs with the findings in the report under paragraph (1). (3) Definition In this subsection, the term appropriate committees of Congress (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives. (f) Rules of construction Nothing in this section or the amendments made by this section shall be construed to— (1) limit the right of U.S. Customs and Border Protection to assign both scheduled and unscheduled work to a border patrol agent based on the needs of U.S. Customs and Border Protection in excess of the hours of work normally applicable under the election of the border patrol agent, regardless of what the border patrol agent might otherwise have elected; (2) require compensation of a border patrol agent other than for hours during which the border patrol agent is actually performing work or using approved paid leave or other paid time off; or (3) exempt a border patrol agent from any limitations on pay, earnings, or compensation, including the limitations under section 5547 (g) Technical and conforming amendments (1) Section 5547 (A) in subsection (a), in the matter preceding paragraph (1)— (i) by striking, and 5546 (ii) by inserting , and 5550 5546 (a) and (b) (B) by adding at the end the following: (e) Any supplemental pay resulting from receipt of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay under section 5550 shall be considered premium pay in applying this section. . (2) Section 13(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a) (A) in paragraph (16), by striking or (B) in paragraph (17), by striking the period at the end and inserting ; or (C) by adding at the end the following: (18) any employee who is a border patrol agent, as defined in section 5550(a) . (3) The table of sections for chapter 55 5550. Border patrol rate of pay. . (h) Regulations The Director of the Office of Personnel Management shall promulgate regulations to carry out this Act and the amendments made by this Act. 3. Cybersecurity recruitment and retention (a) In general At the end of subtitle C of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 141 et seq. 226. Cybersecurity recruitment and retention (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (2) Collective bargaining agreement The term collective bargaining agreement section 7103(a)(8) (3) Excepted service The term excepted service section 2103 (4) Preference eligible The term preference eligible section 2108 (5) Qualified position The term qualified position (6) Senior executive service The term Senior Executive Service section 2101a (b) General authority (1) Establish positions, appoint personnel, and fix rates of pay (A) General authority The Secretary may— (i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as— (I) senior level positions designated under section 5376 (II) positions in the Senior Executive Service; (ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and (iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position. (B) Construction with other laws The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees. (2) Basic pay (A) Authority to fix rates of basic pay In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under paragraph (1) in relation to the rates of pay provided for employees in comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation. (B) Prevailing rate systems The Secretary may, consistent with section 5341 (3) Additional compensation, incentives, and allowances (A) Additional compensation based on title 5 authorities The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5, United States Code. (B) Allowances in nonforeign areas An employee in a qualified position whose rate of basic pay is fixed under paragraph (2)(A) shall be eligible for an allowance under section 5941 (4) Plan for execution of authorities Not later than 120 days after the date of enactment of this section, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this subsection. (5) Collective bargaining agreements Nothing in paragraph (1) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession. (6) Required regulations The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section. (c) Annual report Not later than 1 year after the date of enactment of this section, and every year thereafter for 4 years, the Secretary shall submit to the appropriate committees of Congress a detailed report that— (1) discusses the process used by the Secretary in accepting applications, assessing candidates, ensuring adherence to veterans’ preference, and selecting applicants for vacancies to be filled by an individual for a qualified position; (2) describes— (A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions; (B) the measures that will be used to measure progress; and (C) any actions taken during the reporting period to fulfill such critical need; (3) discusses how the planning and actions taken under paragraph (2) are integrated into the strategic workforce planning of the Department; (4) provides metrics on actions occurring during the reporting period, including— (A) the number of employees in qualified positions hired by occupation and grade and level or pay band; (B) the placement of employees in qualified positions by directorate and office within the Department; (C) the total number of veterans hired; (D) the number of separations of employees in qualified positions by occupation and grade and level or pay band; (E) the number of retirements of employees in qualified positions by occupation and grade and level or pay band; and (F) the number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band; and (5) describes the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities. (d) Three-Year Probationary Period The probationary period for all employees hired under the authority established in this section shall be 3 years. (e) Incumbents of existing competitive service positions (1) In general An individual serving in a position on the date of enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion. (2) Subsequent conversion After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service. (f) Study and report Not later than 120 days after the date of enactment of this section, the National Protection and Programs Directorate shall submit a report regarding the availability of, and benefits (including cost savings and security) of using, cybersecurity personnel and facilities outside of the National Capital Region (as defined in section 2674 (1) the Subcommittee on Homeland Security of the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Subcommittee on Homeland Security of the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives. . (b) Conforming amendment Section 3132(a)(2) (1) in clause (i), by striking or (2) in clause (ii), by inserting or (3) by inserting after clause (ii) the following: (iii) any position established as a qualified position in the excepted service by the Secretary of Homeland Security under section 226 of the Homeland Security Act of 2002; . (c) Table of contents amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. Sec. 226. Cybersecurity recruitment and retention. . 4. Homeland security cybersecurity workforce assessment (a) Short title This section may be cited as the Homeland Security Cybersecurity Workforce Assessment Act (b) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Homeland Security of the House of Representatives (C) the Committee on House Administration of the House of Representatives (2) Cybersecurity work category; data element code; specialty area The terms Cybersecurity Work Category Data Element Code Specialty Area (3) Department The term Department (4) Director The term Director (5) Secretary The term Secretary (c) National Cybersecurity Workforce Measurement Initiative (1) In general The Secretary shall— (A) identify all cybersecurity workforce positions within the Department; (B) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (C) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management’s Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education’s National Cybersecurity Workforce Framework report, in accordance with paragraph (2). (2) Employment codes (A) Procedures Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish procedures— (i) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (ii) to assign the appropriate employment code to each such position, using agreed standards and definitions. (B) Code assignments Not later than 9 months after the date of the enactment of this Act, the Secretary shall assign the appropriate employment code to— (i) each employee within the Department who carries out cybersecurity functions; and (ii) each open position within the Department that have been identified as having cybersecurity functions. (3) Progress report Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this subsection to the appropriate congressional committees. (d) Identification of cybersecurity specialty areas of critical need (1) In general Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to subsection (c)(2)(B), and annually through 2021, the Secretary, in consultation with the Director, shall— (A) identify Cybersecurity Work Categories and Specialty Areas of critical need in the Department’s cybersecurity workforce; and (B) submit a report to the Director that— (i) describes the Cybersecurity Work Categories and Specialty Areas identified under subparagraph (A); and (ii) substantiates the critical need designations. (2) Guidance The Director shall provide the Secretary with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including— (A) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (B) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (3) Cybersecurity critical needs report Not later than 18 months after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall— (A) identify Specialty Areas of critical need for cybersecurity workforce across the Department; and (B) submit a progress report on the implementation of this subsection to the appropriate congressional committees. (e) Government Accountability Office status reports The Comptroller General of the United States shall— (1) analyze and monitor the implementation of subsections (c) and (d); and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Border Patrol Agent Pay Reform Act of 2014

Hearing Aid Assistance Tax Credit Act - Amends the Internal Revenue Code to allow a tax credit of up to $500 in a taxable year for the purchase of a hearing aid that is authorized under the Federal Food, Drug, and Cosmetic Act for commercial distribution and is intended for use by the taxpayer or a dependent of the taxpayer.

114 S315 IS: Hearing Aid Assistance Tax Credit 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. 315 IN THE SENATE OF THE UNITED STATES January 29, 2015 Mr. Heller Ms. Klobuchar Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow a credit against income tax for the purchase of hearing aids. 1. Short title This Act may be cited as the Hearing Aid Assistance Tax Credit Act 2. Credit for hearing aids (a) In general Subpart A of part IV of subchapter A of chapter 1 25E. Credit for hearing aids (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the amount paid during the taxable year, not compensated by insurance or otherwise, by the taxpayer for the purchase of any qualified hearing aid. (b) Maximum amount The amount allowed as a credit under subsection (a) shall not exceed $500 per qualified hearing aid. (c) Qualified hearing Aid For purposes of this section, the term qualified hearing aid (1) which is described in sections 874.3300 and 874.3305 of title 21, Code of Federal Regulations, and is authorized under the Federal Food, Drug, and Cosmetic Act for commercial distribution, and (2) which is intended for use— (A) by the taxpayer, or (B) by an individual with respect to whom the taxpayer, for the taxable year, is allowed a deduction under section 151(c) (relating to deduction for personal exemptions for dependents). (d) Election once every 5 years This section shall apply with respect to any individual for any taxable year only if there is an election in effect with respect to such individual (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. An election to have this section apply with respect to any individual may not be made for any taxable year if such an election is in effect with respect to such individual for any of the 4 taxable years preceding such taxable year. (e) Denial of double benefit No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 Sec. 25E. Credit for hearing aids. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

Hearing Aid Assistance Tax Credit Act

Consortia-Led Energy and Advanced Manufacturing Networks Act - Directs the Secretary of Commerce to establish a program of clean technology consortia by leveraging the expertise and resources of private research communities, higher education institutions, industry, venture capital, National Laboratories, and other participants in technology innovation. Describes such technology as a technology, production process, or methodology that, among other things, produces energy from renewable sources, produces an advanced or sustainable material with energy or energy efficiency applications, improves energy efficiency or water conservation and management, or addresses challenges in advanced manufacturing and supply chain integration. Sets forth eligibility criteria for support under this Act, including regarding technology expertise, membership agreement policies, funding sources, and operation as a nonprofit organization or a public-private partnership under the leadership of a nonprofit organization. Requires a consortium, in order to receive a grant, to establish an external advisory committee to review plans, programs, and projects and ensure that projects comply with the consortium's conflict of interest policy. Provides the terms of grants, which shall not exceed five years initially. Limits grant amounts to $30 million per fiscal year or the collective contributions of non-federal entities. Requires grants to be used for support of translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. Sets forth audit and reporting requirements.

114 S2963 IS: Consortia-Led Energy and Advanced Manufacturing Networks Act U.S. Senate 2016-05-19 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 2d Session S. 2963 IN THE SENATE OF THE UNITED STATES May 19, 2016 Mr. Markey Committee on Commerce, Science, and Transportation A BILL To provide for grants to clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean technologies, and for other purposes. 1. Short title This Act may be cited as the Consortia-Led Energy and Advanced Manufacturing Networks Act 2. Definitions In this Act: (1) Advanced manufacturing (A) In general The term advanced manufacturing (B) Inclusions The term advanced manufacturing (i) new ways to manufacture existing products; and (ii) the manufacture of new products emerging from new advanced technologies. (2) Clean technology The term clean technology (A) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or another renewable energy source (as defined in section 609(a) of the Public Utility Regulatory Policies Act of 1978 ( 7 U.S.C. 918c(a) (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17381 (E) produces an advanced or sustainable material with energy or energy efficiency applications; (F) improves energy efficiency for transportation, including electric vehicles; or (G) enhances water security through improved water management, conservation, distribution, or end use applications. (3) Cluster The term cluster (4) Consortium The term consortium (5) Institution of higher education The term institution of higher education Higher Education Act of 1965 20 U.S.C. 1001(a) (6) National Laboratory The term National Laboratory 42 U.S.C. 15801 (7) Program The term program (8) Project The term project (9) Qualifying entity The term qualifying entity (A) an institution of higher education that has entered into a partnership agreement with a private-sector entity; (B) a Federal or State entity with a focus on developing clean technologies or clusters, as determined by the Secretary; (C) a nongovernmental organization with expertise in translational research, clean technology, or cluster development; or (D) any other entity determined appropriate by the Secretary. (10) Secretary The term Secretary (11) Translational research The term translational research 3. Establishment of clean technology consortia grant program (a) In general The Secretary shall establish a program to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of state-of-the-art clean technologies by making grants to eligible clean technology consortia. (b) Consultation and coordination required In carrying out the program, the Secretary shall— (1) leverage the expertise and resources of private research communities, institutions of higher education, industry, venture capital, National Laboratories, and other participants in technology innovation— (A) to support collaborative, cross-disciplinary research and development in clean technologies and advanced manufacturing; and (B) to develop and accelerate the commercial application of innovative clean technologies and advanced manufacturing practices; and (2) coordinate the innovation activities of consortia with activities carried out by the Secretary of Energy, the Secretary of Defense, other Federal agency heads, industry, and institutions of higher education, including by annually— (A) issuing guidance regarding national clean technology and advanced manufacturing development priorities and strategic objectives; and (B) convening a conference relating to clean technology and advanced manufacturing, which shall bring together representatives of Federal agencies, industry, institutions of higher education, and other entities to share research and commercialization results, program plans, and opportunities for collaboration. (c) Purposes of consortia The purposes of a consortia receiving a grant under the program shall include— (1) promoting new innovative clean technologies that have demonstrated interest and potential for commercialization; (2) expanding advanced manufacturing capabilities, networks, supply chains, and assets, in the area of clean technologies, that contribute to regional and national manufacturing competitiveness and potential for growth; (3) promoting job creation and entrepreneurship through the establishment of new companies, the expansion of existing companies, and commercialization of clean technologies; (4) providing technical or financial assistance to companies desiring to invest in clean technologies, new products or services, or enhanced processes that will grow sales and jobs; (5) determining opportunities and challenges that companies are facing and how to improve the use or production by those companies of clean technologies; (6) assisting individual small- and medium-sized enterprises with adopting and using new clean technologies and related business and advanced manufacturing practices; (7) accelerating investment in, and deployment of, clean technologies through public-private partnerships; (8) encouraging partnering between and among emerging and established clean technology and advanced manufacturing enterprises; and (9) demonstrating a comprehensive and successful model for commercialization of clean technologies for promotion and emulation. (d) Grant program (1) In general The Secretary shall award grants on a competitive basis— (A) not later than 2 years after the date of enactment of this Act, to at least 1 eligible consortium; and (B) not later than 10 years after the date of enactment of this Act, to not fewer than 6 eligible consortia. (2) Eligibility To be eligible to receive a grant under paragraph (1), a consortium shall— (A) consist of— (i) one or more institutions of higher education that can demonstrate a significant annual clean technology research budget, entrepreneurial support programs, and technology licensing expertise; and (ii) a total of 3 or more qualifying entities that can demonstrate expertise in translational research, clean technology, and cluster development; (B) have established a binding agreement among the members of the consortium that documents— (i) the structure of the partnership agreement; (ii) a governance and management structure that enables cost-effective use of grant funds; (iii) a conflicts-of-interest policy, including procedures, consistent with those procedures of the Department of Commerce, to ensure that employees and designees for consortium activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest; (iv) an accounting structure that meets the requirements of the Secretary and that may be audited under subsection (e); and (v) the existence of an external advisory committee under paragraph (5); (C) demonstrate that the consortium receives funding from one or more non-Federal sources, such as a State and participants of the consortium, that may be used to support projects; (D) be part of an existing cluster or demonstrate high potential to develop a new cluster; (E) operate as a nonprofit organization or a public-private partnership under an operating agreement led by a nonprofit organization; and (F) establish an external advisory committee under paragraph (5). (3) Grant period; amount of grant (A) Grant period (i) In general The initial period of a grant awarded under paragraph (1) shall not exceed 5 years. (ii) Extension The Secretary may extend the term of a grant for a period of not more than 5 additional years. (B) Amount of grant (i) In general A grant awarded under paragraph (1) shall not exceed the lesser of— (I) $30,000,000 per fiscal year; or (II) the collective contributions of non-Federal entities to the consortium, as described in paragraph (2)(C). (ii) Flexibility In determining the amount of a grant under this section, the Secretary shall consider— (I) the translational research capacity of the consortium; (II) the financial, human, and facility resources of the qualifying entities; and (III) the cluster of which the consortium is a part. (iii) Increases in amounts Subject to clause (i), a consortium may request an increase in the amount of a grant at the time the consortium requests an extension under subparagraph (A)(ii). (4) Applications (A) In general An eligible consortium desiring a grant under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Disqualification The Secretary may disqualify an application if the Secretary determines that the conflicts-of-interest policy of the consortium, as described in paragraph (2)(B)(iii), is inadequate. (5) External advisory committees (A) In general To be eligible to receive a grant under paragraph (1), a consortium shall establish an external advisory committee, the members of which shall have extensive and relevant scientific, technical, industry, financial, or research management expertise. (B) Duties An external advisory committee shall— (i) review the proposed plans, programs, project selection criteria, and projects of the consortium; and (ii) ensure that projects selected by the consortium meet the applicable conflicts-of-interest policy of the consortium. (C) Members An external advisory committee shall consist of— (i) representatives of the members of the consortium; and (ii) such representatives of industry, including entrepreneurs and venture capitalists, as the members of the consortium determine to be necessary. (D) Secretary as member The Secretary shall join the external advisory committee of each consortium that receives a grant. (6) Use of grant funds (A) In general Subject to subparagraph (C), a consortium awarded a grant under paragraph (1) shall use the grant amounts to support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. (B) Project selection As a condition of receiving a grant under paragraph (1), a consortium shall— (i) develop and make available to the public on the website of the Department of Commerce proposed plans, programs, project selection criteria, and terms for individual project awards; (ii) establish policies— (I) to prevent resources provided to the consortium from being used to displace private sector investment otherwise likely to occur, including investment from private sector entities that are members of the consortium; (II) to facilitate the participation of private entities that invest in clean technologies— (aa) to perform due diligence on award proposals; (bb) to participate in the award review process; and (cc) to provide guidance to projects supported by the consortium; and (III) to facilitate the participation of entities with a demonstrated history of commercial application of clean technologies in the development of consortium projects; (iii) oversee project solicitations, review proposed projects, and select projects for awards; and (iv) monitor project implementation. (C) Limitations (i) Administrative expenses A consortium may not use greater than 10 percent of the grant amounts for administrative expenses. (ii) Prohibition on use A consortium may not use any grant amounts to construct a new building or facility. (e) Audits (1) In general A consortium that receives a grant under subsection (d)(1) shall carry out, in accordance with such requirements as the Secretary may prescribe, an annual audit to determine whether the grant has been used in accordance with this Act. (2) Report The consortium shall submit a copy of each audit under paragraph (1) to the Secretary and the Comptroller General of the United States. (3) GAO review As a condition of receiving a grant under this Act, a consortium shall allow the Comptroller General of the United States, on the request of the Comptroller General, full access to the books, records, and personnel of consortium. (4) Reports to Congress The Secretary shall submit to Congress annually a report that includes— (A) a copy of each audit carried out under paragraph (1); and (B) any recommendations of the Secretary relating to the program. (f) Revocation of awards The Secretary may— (1) review the grants awarded under subsection (d)(1); and (2) revoke a grant awarded under subsection (d)(1) if the Secretary determines that a consortium has used the grant in a manner that is not consistent with this Act. 4. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act $100,000,000.

Consortia-Led Energy and Advanced Manufacturing Networks Act

Transportation Empowerment Act - Declares the purposes of the Act, including returning maximum discretionary authority and fiscal responsibility to the states for all elements of the national surface transportation systems (excluding the Dwight D. Eisenhower National System of Interstate and Defense Highways). Prescribes a limitation on funding of transportation programs and projects carried out under this Act. Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2015-FY2019 for specified core programs under the federal-aid highway program, including: (1) metropolitan transportation planning, (2) emergency relief for highways and roads, (3) the federal lands transportation program, and (4) Federal Highway Administration (FHWA) administrative expenses. Authorizes a state to transfer and use excess federal-aid highway funds for any surface transportation project (including mass transit and rail). Limits federal assistance to states for highway bridge replacement and rehabilitation to bridges on the federal-aid highway system. Repeals the authorization of federal assistance to states for historic bridges. Repeals the transportation alternatives program. Declares that, beginning with FY2014, a highway construction or improvement project shall not be considered a federal project: (1) unless and until a state expends federal funds for the construction portion of such project, (2) solely by reason of the state expenditure of federal funds before the construction phase of the project (including for any environmental document or design work), or (3) upon state reimbursement to the federal government of the federal costs of such projects. Amends the Internal Revenue Code to make amounts in the HTF available for expenditure for core highway programs through FY2020. Requires the Secretary of Treasury to transfer from the HTF amounts equivalent to motorboat and aviation fuel taxes collected before October 1, 2022, to: (1) the Land and Water Conservation Fund, (2) the Sport Fish Restoration and Boating Trust Fund, and (3) the Airport and Airway Trust Fund. Requires the Secretary to pay from the HTF into the general fund of the Treasury amounts equivalent to the floor stocks refunds made before July 1, 2023. Prescribes a motor fuel tax rate schedule for financing of core highway programs. Terminates, on September 30, 2014, the authority of the Secretary to make certain transfers to the Mass Transit Account. Directs the Secretary, on October 1, 2014, to transfer all amounts in the Mass Transit Account to the Highway Account. Authorizes appropriations out of the HTF (other than the Mass Transit Account) for FY2015-FY2019 for the highway research and development program. Directs the Secretary to allocate to the states for surface transportation projects (including mass transit and rail) any excess highway tax receipts appropriated to the HTF in FY2016-FY2019. Reduces the excise taxes imposed on: (1) gasoline from 18.3 cents to 3.7 cents, (2) diesel fuel or kerosene from 24.3 cents to 5.0 cents, and (3) diesel-water fuel emulsion from 19.7 cents to 4.1 cents. Requires credits or refunds of certain floor stocks taxes on liquids imposed before October 1, 2019. Declares that this Act shall become effective only if the Director of the Office of Management and Budget (OMB) certifies that it is deficit neutral.

114 S1541 IS: Transportation Empowerment Act U.S. Senate 2015-06-10 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. 1541 IN THE SENATE OF THE UNITED STATES June 10, 2015 Mr. Lee Mr. Rubio Mr. Cruz Mr. Flake Mr. Vitter Mr. Crapo Committee on Finance A BILL To empower States with authority for most taxing and spending for highway programs and mass transit programs, and for other purposes. 1. Short title This Act may be cited as the Transportation Empowerment Act 2. Findings and purposes (a) Findings Congress finds that— (1) the objective of the Federal highway program has been to facilitate the construction of a modern freeway system that promotes efficient interstate commerce by connecting all States; (2) the objective described in paragraph (1) has been attained, and the Interstate System connecting all States is near completion; (3) each State has the responsibility of providing an efficient transportation network for the residents of the State; (4) each State has the means to build and operate a network of transportation systems, including highways, that best serves the needs of the State; (5) each State is best capable of determining the needs of the State and acting on those needs; (6) the Federal role in highway transportation has, over time, usurped the role of the States by taxing motor fuels used in the States and then distributing the proceeds to the States based on the perceptions of the Federal Government on what is best for the States; (7) the Federal Government has used the Federal motor fuels tax revenues to force all States to take actions that are not necessarily appropriate for individual States; (8) the Federal distribution, review, and enforcement process wastes billions of dollars on unproductive activities; (9) Federal mandates that apply uniformly to all 50 States, regardless of the different circumstances of the States, cause the States to waste billions of hard-earned tax dollars on projects, programs, and activities that the States would not otherwise undertake; and (10) Congress has expressed a strong interest in reducing the role of the Federal Government by allowing each State to manage its own affairs. (b) Purposes The purposes of this Act are— (1) to provide a new policy blueprint to govern the Federal role in transportation once existing and prior financial obligations are met; (2) to return to the individual States maximum discretionary authority and fiscal responsibility for all elements of the national surface transportation systems that are not within the direct purview of the Federal Government; (3) to preserve Federal responsibility for the Dwight D. Eisenhower National System of Interstate and Defense Highways; (4) to preserve the responsibility of the Department of Transportation for— (A) design, construction, and preservation of transportation facilities on Federal public land; (B) national programs of transportation research and development and transportation safety; and (C) emergency assistance to the States in response to natural disasters; (5) to eliminate to the maximum extent practicable Federal obstacles to the ability of each State to apply innovative solutions to the financing, design, construction, operation, and preservation of Federal and State transportation facilities; and (6) with respect to transportation activities carried out by States, local governments, and the private sector, to encourage— (A) competition among States, local governments, and the private sector; and (B) innovation, energy efficiency, private sector participation, and productivity. 3. Funding limitation Notwithstanding any other provision of law, if the Secretary of Transportation determines for any of fiscal years 2016 through 2020 that the aggregate amount required to carry out transportation programs and projects under this Act and amendments made by this Act exceeds the estimated aggregate amount in the Highway Trust Fund available for those programs and projects for the fiscal year, each amount made available for that program or project shall be reduced by the pro rata percentage required to reduce the aggregate amount required to carry out those programs and projects to an amount equal to that available for those programs and projects in the Highway Trust Fund for the fiscal year. 4. Funding for core highway programs (a) In general (1) Authorization of appropriations The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (A) Federal-aid highway program, etc For the national highway performance program under section 119 of title 23, United States Code, the surface transportation program under section 133 of that title, and the highway safety improvement program under section 148 of that title, for each of fiscal years 2016 through 2020, an aggregate amount not to exceed 10 percent of the balance of the Highway Trust Fund (other than such Mass Transit Account) as estimated (taking into account estimated revenues) at the beginning of each such fiscal year. (B) Emergency relief For emergency relief under section 125 of title 23, United States Code, $100,000,000 for each of fiscal years 2016 through 2020. (C) Federal lands programs (i) Federal lands transportation program For the Federal lands transportation program under section 203 of title 23, United States Code, $300,000,000 for each of fiscal years 2016 through 2020, of which $240,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service. (ii) Federal lands access program For the Federal lands access program under section 204 of title 23, United States Code, $250,000,000 for each of fiscal years 2016 through 2020. (D) Administrative expenses Section 104(a) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following: (1) Authorization of appropriations (A) In general There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for each of fiscal years 2016 through 2020, to be made available to the Secretary for administrative expenses of the Federal Highway Administration, an amount equal to 1 percent of the balance of the Highway Trust Fund (other than such Mass Transit Account) as estimated (taking into account estimated revenues) at the beginning of each such fiscal year. (B) (i) Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any measure that would make available for expenditure from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year an amount less than the amount authorized under subparagraph (A) for such fiscal year. (ii) (I) Clause (i) may be waived or suspended in the Senate only by the affirmative vote of 3/5 (II) Debate on appeals in the Senate from the decisions of the Chair relating to subclause (I) shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the measure that would make available for expenditure from the Fund for a fiscal year an amount less than the amount described in subparagraph (A). An affirmative vote of 3/5 (iii) This subparagraph is enacted by Congress— (I) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with those rules; and (II) with full recognition of the constitutional right of either House to change the rules (so far as relating 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. . (2) Transferability of funds Section 104 of title 23, United States Code, is amended by striking subsection (f) and inserting the following: (f) Transferability of funds (1) In general To the extent that a State determines that funds made available under this title to the State for a purpose are in excess of the needs of the State for that purpose, the State may transfer the excess funds to, and use the excess funds for, any surface transportation (including mass transit and rail) purpose in the State. (2) Enforcement If the Secretary determines that a State has transferred funds under paragraph (1) to a purpose that is not a surface transportation purpose as described in paragraph (1), the amount of the improperly transferred funds shall be deducted from any amount the State would otherwise receive from the Highway Trust Fund for the fiscal year that begins after the date of the determination. . (3) Federal-aid system (A) In general Section 103(a) of title 23, United States Code, is amended by striking the National Highway System, which includes (B) Conforming amendments Chapter 1 (i) in section 103 by striking the section designation and heading and inserting the following: 103. Federal-aid system ; and (ii) in the analysis by striking the item relating to section 103 and inserting the following: 103. Federal-aid system. . (4) Calculation of State amounts Section 104(c)(2) of title 23, United States Code, is amended— (A) in the paragraph heading by striking For fiscal year 2014 Subsequent fiscal years (B) in subparagraph (A) by striking fiscal year 2014 fiscal year 2014 and each subsequent fiscal year (5) Federalization and defederalization of projects Notwithstanding any other provision of law, beginning on October 1, 2015— (A) a highway construction or improvement project shall not be considered to be a Federal highway construction or improvement project unless and until a State expends Federal funds for the construction portion of the project; (B) a highway construction or improvement project shall not be considered to be a Federal highway construction or improvement project solely by reason of the expenditure of Federal funds by a State before the construction phase of the project to pay expenses relating to the project, including for any environmental document or design work required for the project; and (C) (i) a State may, after having used Federal funds to pay all or a portion of the costs of a highway construction or improvement project, reimburse the Federal Government in an amount equal to the amount of Federal funds so expended; and (ii) after completion of a reimbursement described in clause (i), a highway construction or improvement project described in that clause shall no longer be considered to be a Federal highway construction or improvement project. (6) Reporting requirements No reporting requirement, other than a reporting requirement in effect as of the date of enactment of this Act, shall apply on or after October 1, 2015, to the use of Federal funds for highway projects by a public-private partnership. (b) Expenditures from Highway Trust Fund (1) Expenditures for core programs Section 9503(c) (A) in paragraph (1)— (i) by striking June 1, 2015 October 1, 2022 (ii) by striking Highway and Transportation Funding Act of 2014 Transportation Empowerment Act (B) in paragraph (2), by striking July 1, 2017 July 1, 2022 (C) in paragraph (5), by striking October 1, 2011 October 1, 2022 (2) Amounts available for core program expenditures Section 9503 (g) Core programs financing rate For purposes of this section— (1) In general Except as provided in paragraph (2)— (A) in the case of gasoline and special motor fuels the tax rate of which is the rate specified in section 4081(a)(2)(A)(i), the core programs financing rate is— (i) after September 30, 2016, and before October 1, 2017, 18.3 cents per gallon, (ii) after September 30, 2017, and before October 1, 2018, 9.6 cents per gallon, (iii) after September 30, 2018, and before October 1, 2019, 6.4 cents per gallon, (iv) after September 30, 2019, and before October 1, 2020, 5.0 cents per gallon, and (v) after September 30, 2020, 3.7 cents per gallon, and (B) in the case of kerosene, diesel fuel, and special motor fuels the tax rate of which is the rate specified in section 4081(a)(2)(A)(iii), the core programs financing rate is— (i) after September 30, 2016, and before October 1, 2017, 24.3 cents per gallon, (ii) after September 30, 2017, and before October 1, 2018, 12.7 cents per gallon, (iii) after September 30, 2018, and before October 1, 2019, 8.5 cents per gallon, (iv) after September 30, 2019, and before October 1, 2020, 6.6 cents per gallon, and (v) after September 30, 2020, 5.0 cents per gallon. (2) Application of rate In the case of fuels used as described in paragraphs (3)(C), (4)(B), and (5) of subsection (c), the core programs financing rate is zero. . (c) Termination of Mass Transit Account Section 9503(e) (1) in the first sentence of paragraph (2), by inserting , and before October 1, 2016 March 31, 1983 (2) by adding at the end the following: (6) Transfer to Highway Account On October 1, 2016, the Secretary shall transfer all amounts in the Mass Transit Account to the Highway Account. . (d) Effective date The amendments and repeals made by this section shall take effect on October 1, 2016. 5. Federal-aid highway program (a) National highway performance program (1) In general Section 119(d)(2) of title 23, United States Code, is amended— (A) by striking subparagraph (H); (B) by striking subparagraph (M); (C) by striking subparagraph (O); and (D) by redesignating subparagraphs (I), (J), (K), (L), (N), and (P) as subparagraphs (H), (I), (J), (K), (L), and (M), respectively. (2) Repeal of environmental mitigation provisions Section 119 of title 23, United States Code, is amended by striking subsection (g). (b) Surface transportation program (1) In general Section 133(b) of title 23, United States Code, is amended— (A) in paragraph (6), by striking Carpool projects, fringe and corridor parking facilities and programs, including electric vehicle and natural gas infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 217, and the Any (B) by striking paragraph (11); (C) in paragraph (13), by adding a period at the end; (D) by striking paragraph (14); (E) by striking paragraph (17); (F) in paragraph (24), by striking data collection, maintenance, and integration the maintenance and integration of data (G) by redesignating paragraphs (12), (13), (15), (16), (18), (19), (20), (21), (22), (23), (24), (25), and (26) as paragraphs (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), and (23), respectively. (2) Repeal of bridges not on Federal-aid highways provisions Section 133 of title 23, United States Code, is amended— (A) by striking subsection (g); and (B) by redesignating subsection (h) as subsection (g). (3) Conforming amendments (A) Section 101(a)(29)(F)(i) of title 23, United States Code, is amended by striking 133(b)(11), 328(a), 328(a) (B) Section 133(c) of title 23, United States Code, is amended— (i) by striking paragraph (1); (ii) in paragraph (2), by striking (11), (20), (25), and (26) (17), (22), and (23) (iii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (C) Section 165(c)(7) of title 23, United States Code, is amended by striking (14), and (19) and (16) (c) Metropolitan transportation planning (1) In general Section 134 of title 23, United States Code, is repealed. (2) Conforming amendments (A) The chapter analysis for chapter 1 (B) Section 2864(d)(2) of title 10, United States Code, is amended by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) title 23 (C) Section 103(b)(3) of title 23, United States Code, is amended by striking subparagraph (B) and inserting the following: (B) Cooperation In proposing a modification under this paragraph, a State shall cooperate with local and regional officials. . (D) Section 104 of title 23, United States Code, is amended— (i) in subsection (b)— (I) in the matter preceding paragraph (1), by striking , and to carry out section 134 (II) by striking paragraph (5); (ii) in subsection (d)(1)— (I) by striking subparagraph (B); (II) by striking (A) Use (III) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; (IV) in subparagraph (A) (as so redesignated), by striking clause (ii) subparagraph (B) (V) in subparagraphs (A) and (B) (as so redesignated), by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) subsection (b)(5) (iii) in subsection (d)(2)— (I) by striking States The distribution States (II) in clause (ii), by striking to carry out section 134 and (III) by striking subparagraph (B); and (IV) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately. (E) Section 106(h)(3)(C) of title 23, United States Code, is amended by striking sections 134 and 135 section 135 (F) Section 108(d)(5)(A) of title 23, United States Code, is amended by striking sections 134 and 135 section 135 (G) Section 119(d)(1)(B) of title 23, United States Code, is amended by striking sections 134 and 135 section 135 (H) Section 133(d) of title 23, United States Code, is amended— (i) by striking paragraph (2); (ii) in paragraph (5), by striking sections 134 and 135 section 135 (iii) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (I) Section 135 of title 23, United States Code, is amended— (i) in subsection (a)— (I) in paragraph (1)— (aa) by striking Subject to section 134, to To (bb) by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) section 134(a) (II) in paragraph (3), by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) section 134(a) (ii) in subsection (b)(1), by striking with the transportation planning activities carried out under section 134 for metropolitan areas of the State and (iii) in subsection (f)(2)— (I) by striking subparagraph (A); and (II) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; (iv) in subsection (g)— (I) in paragraph (2)— (aa) by striking subparagraph (A); and (bb) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (II) in paragraph (8), by striking and section 134 (v) in subsection (j), by striking and section 134 (J) Section 137 of title 23, United States Code, is amended— (i) by striking subsection (e); and (ii) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (K) Section 142 of title 23, United States Code, is amended— (i) by striking subsection (d); and (ii) by redesignating subsections (e) through (i) as subsections (d) through (h), respectively. (L) Section 168(a)(2)(A) of title 23, United States Code, is amended by striking or a transportation plan developed under section 134 (M) Section 201(c)(1) of title 23, United States Code, is amended by striking sections 134 and 135 section 135 (N) Section 217(g)(1) of title 23, United States Code, is amended in the first sentence by striking metropolitan planning organization and State in accordance with section 134 and 135, respectively State in accordance with section 135 (O) Section 327(a)(2)(B) of title 23, United States Code, is amended— (i) in clause (iii), by striking 42 U.S.C. 13 42 U.S.C. (ii) in clause (iv)(I), by striking 134 or (P) Section 505 of title 23, United States Code, is amended— (i) in subsection (a)(2)— (I) by striking metropolitan and (II) by striking sections 134 and 135 section 135 (ii) in subsection (b)(2), by striking sections 134 and 135 section 135 (Q) Section 602(a)(3) of title 23, United States Code, is amended by striking sections 134 and 135 section 135 (R) Section 610(d)(5) of title 23, United States Code, is amended by striking section 133(d)(3) section 133(d)(2) (S) Section 174 of the Clean Air Act ( 42 U.S.C. 7504 (i) in the fourth sentence of subsection (a), by striking the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of title 23, United States Code, (ii) by striking subsection (b); and (iii) by redesignating subsection (c) as subsection (b). (T) Section 176(c) of the Clean Air Act ( 42 U.S.C. 7506(c) (i) in paragraph (7)(A), in the matter preceding clause (i), by striking section 134(i) of title 23, United States Code, or (ii) in paragraph (9), by striking section 134(i) of title 23, United States Code, or (U) Section 182(c)(5) of the Clean Air Act ( 42 U.S.C. 7511a(c)(5) (i) by striking (A) Beginning Beginning (ii) in the last sentence by striking and with the requirements of section 174(b) (V) Section 5304(i) of title 49, United States Code, is amended— (i) by striking sections 134 and 135 section 135 (ii) by striking this this this (d) National bridge and tunnel inventory and inspection standards (1) In general Section 144 of title 23, United States Code, is amended— (A) in subsection (e)(1) by inserting on the Federal-aid system any bridge (B) in subsection (f)(1) by inserting on the Federal-aid system construct any bridge (2) Repeal of historic bridges provisions Section 144(g) of title 23, United States Code, is repealed. (e) Highway Safety Improvement Program (1) In general Section 148 of title 23, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (4)(B)— (I) by striking clause (v); and (II) by redesignating clauses (vi) through (xxiv) as clauses (v) through (xxiii), respectively; (ii) in paragraph (8), by striking bicyclist, (iii) by striking paragraphs (11) through (13); (B) by striking subsections (b), (c), (d), (e), (f), (g), (h), and (i); and (C) by redesignating subsection (j) as subsection (b). (2) Conforming amendments (A) Section 101(a)(27) of title 23, United States Code, is amended by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) section 148(a) (B) Section 402(b)(1)(F)(v) of title 23, United States Code, is amended by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) section 148(a) (f) Repeal of congestion mitigation and air quality improvement program (1) In general Section 149 of title 23, United States Code, is repealed. (2) Conforming amendments (A) The chapter analysis for chapter 1 (B) Section 106(d) of title 23, United States Code, is amended in the matter preceding paragraph (1), by striking section, section 133, or section 149 section or section 133 (C) Section 150 of title 23, United States Code, is amended— (i) in subsection (c)— (I) by striking paragraph (5); and (II) by redesignating paragraph (6) as paragraph (5); and (ii) in subsection (d), by striking (5), and (6) and (5) (D) Section 322(h)(3) of title 23, United States Code, is amended by striking and the congestion mitigation and air quality improvement program under section 149 (E) Section 505(a)(3) of title 23, United States Code, is amended by striking 149, (g) Repeal of transportation alternatives program The following provisions are repealed: (1) Section 213 of title 23, United States Code. (2) The item relating to section 213 in the analysis for chapter 1 (h) National defense highways Section 311 of title 23, United States Code, is amended— (1) in the first sentence, by striking under subsection (a) of section 104 of this title to carry out this section (2) by striking the second sentence. 6. Funding for highway research and development program (a) Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out section 503(b) of title 23, United States Code, $115,000,000 for each of fiscal years 2016 through 2020. (b) Applicability of title 23, United States Code Funds authorized to be appropriated by subsection (a) shall— (1) be available for obligation in the same manner as if those funds were apportioned under chapter 1 (2) remain available until expended and not be transferable. 7. Return of excess tax receipts to States (a) In general Section 9503(c) (6) Return of excess tax receipts to States for surface transportation purposes (A) In general On the first day of each of fiscal years 2016, 2017, 2018, and 2019, the Secretary, in consultation with the Secretary of Transportation, shall— (i) determine the excess (if any) of— (I) the amounts appropriated in such fiscal year to the Highway Trust Fund under subsection (b) which are attributable to the taxes described in paragraphs (1) and (2) thereof (after the application of paragraph (4) thereof) over the sum of— (II) the amounts so appropriated which are equivalent to— (aa) such amounts attributable to the core programs financing rate for such year, plus (bb) the taxes described in paragraphs (3)(C), (4)(B), and (5) of subsection (c), and (ii) allocate the amount determined under clause (i) among the States (as defined in section 101(a) of title 23, United States Code) for surface transportation (including mass transit and rail) purposes so that— (I) the percentage of that amount allocated to each State, is equal to (II) the percentage of the amount determined under clause (i)(I) paid into the Highway Trust Fund in the latest fiscal year for which such data are available which is attributable to highway users in the State. (B) Enforcement If the Secretary determines that a State has used amounts under subparagraph (A) for a purpose which is not a surface transportation purpose as described in subparagraph (A), the improperly used amounts shall be deducted from any amount the State would otherwise receive from the Highway Trust Fund for the fiscal year which begins after the date of the determination. . (b) Effective date The amendment made by this section shall take effect on October 1, 2015. 8. Reduction in taxes on gasoline, diesel fuel, kerosene, and special fuels funding Highway Trust Fund (a) Reduction in tax rate (1) In general Section 4081(a)(2)(A) (A) in clause (i), by striking 18.3 cents 3.7 cents (B) in clause (iii), by striking 24.3 cents 5.0 cents (2) Conforming amendments (A) Section 4081(a)(2)(D) of such Code is amended— (i) by striking 19.7 cents 4.1 cents (ii) by striking 24.3 cents 5.0 cents (B) Section 6427(b)(2)(A) of such Code is amended by striking 7.4 cents 1.5 cents (b) Additional conforming amendments (1) Section 4041(a)(1)(C)(iii)(I) 7.3 cents per gallon (4.3 cents per gallon after September 30, 2016) 1.4 cents per gallon (zero after September 30, 2021) (2) Section 4041(a)(2)(B)(ii) of such Code is amended by striking 24.3 cents 5.0 cents (3) Section 4041(a)(3)(A) of such Code is amended by striking 18.3 cents 3.7 cents (4) Section 4041(m)(1) of such Code is amended— (A) in subparagraph (A), by striking 2016 2021, (B) in subparagraph (A)(i), by striking 9.15 cents 1.8 cents (C) in subparagraph (A)(ii), by striking 11.3 cents 2.3 cents (D) by striking subparagraph (B) and inserting the following: (B) zero after September 30, 2021. . (5) Section 4081(d)(1) of such Code is amended by striking 4.3 cents per gallon after September 30, 2016 zero after September 30, 2021 (6) Section 9503(b) of such Code is amended— (A) in paragraphs (1) and (2), by striking October 1, 2016 October 1, 2021 (B) in the heading of paragraph (2), by striking October 1, 2016 October 1, 2021 (C) in paragraph (2), by striking after September 30, 2016, and before July 1, 2017 after September 30, 2021, and before July 1, 2022 (D) in paragraph (6)(B), by striking June 1, 2015 October 1, 2021 (c) Floor stock refunds (1) In general If— (A) before October 1, 2020, tax has been imposed under section 4081 (B) on such date such liquid is held by a dealer and has not been used and is intended for sale; there shall be credited or refunded (without interest) to the person who paid such tax (in this subsection referred to as the taxpayer (2) Time for filing claims No credit or refund shall be allowed or made under this subsection unless— (A) claim therefor is filed with the Secretary of the Treasury before April 1, 2021; and (B) in any case where liquid is held by a dealer (other than the taxpayer) on October 1, 2020— (i) the dealer submits a request for refund or credit to the taxpayer before January 1, 2021; and (ii) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks No credit or refund shall be allowed under this subsection with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (4) Definitions For purposes of this subsection, the terms dealer held by a dealer dealer (5) Certain rules to apply Rules similar to the rules of subsections (b) and (c) of section 6412 and sections 6206 and 6675 of such Code shall apply for purposes of this subsection. (d) Effective dates (1) In general Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to fuel removed after September 30, 2020. (2) Certain conforming amendments (A) The amendments made by subsection (b)(4) shall apply to fuel removed after September 30, 2016. (B) The amendments made by subparagraphs (A), (B), and (C) of subsection (b)(6) shall take effect on October 1, 2016. (C) The amendment made by subsection (b)(6)(D) shall take effect on June 1, 2015. 9. Report to Congress Not later than 180 days after the date of enactment of this Act, after consultation with the appropriate committees of Congress, the Secretary of Transportation shall submit a report to Congress describing such technical and conforming amendments to titles 23 and 49, United States Code, and such technical and conforming amendments to other laws, as are necessary to bring those titles and other laws into conformity with the policy embodied in this Act and the amendments made by this Act. 10. Effective date contingent on certification of deficit neutrality (a) Purpose The purpose of this section is to ensure that— (1) this Act will become effective only if the Director of the Office of Management and Budget certifies that this Act is deficit neutral; (2) discretionary spending limits are reduced to capture the savings realized in devolving transportation functions to the State level pursuant to this Act; and (3) the tax reduction made by this Act is not scored under pay-as-you-go and does not inadvertently trigger a sequestration. (b) Effective date contingency Notwithstanding any other provision of this Act, this Act and the amendments made by this Act shall take effect only if— (1) the Director of the Office of Management and Budget (referred to in this section as the Director (2) the report contains a certification by the Director that, based on the required estimates, the reduction in discretionary outlays resulting from the reduction in contract authority is at least as great as the reduction in revenues for each fiscal year through fiscal year 2020. (c) OMB estimates and report (1) Requirements Not later than 5 calendar days after the date of enactment of this Act, the Director shall— (A) estimate the net change in revenues resulting from this Act for each fiscal year through fiscal year 2020; (B) estimate the net change in discretionary outlays resulting from the reduction in contract authority under this Act for each fiscal year through fiscal year 2020; (C) determine, based on those estimates, whether the reduction in discretionary outlays is at least as great as the reduction in revenues for each fiscal year through fiscal year 2020; and (D) submit to Congress a report setting forth the estimates and determination. (2) Applicable assumptions and guidelines (A) Revenue estimates The revenue estimates required under paragraph (1)(A) shall be predicated on the same economic and technical assumptions and score keeping guidelines that would be used for estimates made pursuant to section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 902(d) (B) Outlay estimates The outlay estimates required under paragraph (1)(B) shall be determined by comparing the level of discretionary outlays resulting from this Act with the corresponding level of discretionary outlays projected in the baseline under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907 (d) Conforming adjustment to discretionary spending limits On compliance with the requirements specified in subsection (b), the Director shall adjust the adjusted discretionary spending limits for each fiscal year through fiscal year 2020 under section 601(a)(2) of the Congressional Budget Act of 1974 ( 2 U.S.C. 665(a)(2) (e) PAYGO interaction On compliance with the requirements specified in subsection (b), no changes in revenues estimated to result from the enactment of this Act shall be counted for the purposes of section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 902(d)

Transportation Empowerment Act

Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain. Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election. Requires the NLRB, in cases where an existing certified or voluntarily recognized bargaining unit experiences turnover, expansion, or alteration by merger of more than 50% of the unit's employees, to conduct a secret paper ballot among the unit employees: (1) between the 120th day and 110th day before the collective bargaining agreement's expiration or before the end of three years, if there is an agreement between the labor organization and the employer; or (2) within 30 days, if there is no agreement between such parties. Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Requires an employer to provide the NLRB a list consisting only of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election. Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages. Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth. Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing. Prohibits a strike without the consent of a majority of all unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization. Requires each labor organization to make the independently verified annual audit report of its financial condition and operations available to all of its members and represented nonmembers. Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.

114 S1874 IS: Employee Rights Act U.S. Senate 2015-07-28 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. 1874 IN THE SENATE OF THE UNITED STATES July 28, 2015 Mr. Hatch Mr. Alexander Mr. McConnell Mr. McCain Mr. Enzi Mr. Cruz Mr. Wicker Mr. Isakson Mr. Coats Mr. Johnson Mr. Gardner Mr. Roberts Mr. Risch Mr. Lankford Mr. Cornyn Mr. Cochran Mr. Perdue Committee on Health, Education, Labor, and Pensions A BILL To provide protections for workers with respect to their right to select or refrain from selecting representation by a labor organization. 1. Short title This Act may be cited as the Employee Rights Act 2. Amendments to the National Labor Relations Act (a) Unfair labor practices Section 8(b)(1) of the National Labor Relations Act ( 29 U.S.C. 158(b)(1) interfere with restrain (b) Representatives and elections Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 (1) in subsection (a)— (A) by striking designated or selected for the purposes of collective bargaining for the purposes of collective bargaining selected by secret ballot in an election conducted by the Board, (B) by inserting before the period the following: : Provided further, majority (2) in subsection (e), by adding at the end the following: (3) Whenever any certified or voluntarily recognized bargaining unit existing on or after the date of enactment of the Employee Rights Act . (c) Fair representation in elections Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 (1) in subsection (b), by inserting prior to an election in each case (2) in subsection (c)— (A) in the flush matter following paragraph (1)(B)— (i) by inserting of 14 days in advance appropriate hearing upon due notice (ii) by inserting , and a review of post-hearing appeals, the record of such hearing (iii) by adding at the end the following: The employer shall provide the Board a list consisting only of employee names and home addresses of all eligible voters within 7 days following the Board’s determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters. Any employee may elect to be excluded from such list by notifying the employer in writing. (B) by adding at the end the following: (6) (A) No election shall take place after the filing of any petition unless and until— (i) a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (ii) the issues are resolved by a Regional Director, subject to appeal and review, or by the Board. (B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on— (i) each pre-election issue not resolved before the election; and (ii) the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election. . (d) Penalties Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 Any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights under section 7 to form or join a labor organization or to refrain therefrom, including the filing of a decertification petition, shall be liable for wages lost and union dues or fees collected unlawfully, if any, and an additional amount as liquidated damages. Any labor organization found to have interfered with, restrained, or coerced an employee in connection with the filing of a decertification petition shall be prohibited from filing objections to an election held pursuant to such petition. 3. Amendments to the Labor-Management Reporting and Disclosure Act of 1959 (a) Definition Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402(k) ballot, voting machine, or otherwise, but paper ballot, voting machine, or electronic ballot cast in the privacy of a voting booth and (b) Rights of members Section 101(a)(1) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411(a)(1) Every employee in a bargaining unit represented by a labor organization, regardless of membership status in the labor organization, shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. (c) Right not To subsidize union nonrepresentational activities Title I of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411 et seq. 106. Right not to subsidize union nonrepresentational activities No employee’s union dues, fees, or assessments or other contributions shall be used or contributed to any person, organization, or entity for any purpose not directly related to the labor organization’s collective bargaining or contract administration functions on behalf of the represented unit employee unless the employee member, or nonmember required to make such payments as a condition of employment, authorizes such expenditure in writing, after a notice period of not less than 35 days. An initial authorization provided by an employee under the preceding sentence shall expire not later than 1 year after the date on which such authorization is signed by the employee. There shall be no automatic renewal of an authorization under this section. . (d) Limitations Section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411(a) (6) Limitation No strike shall commence without the consent of a majority of all represented unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization involved. In any case in which the employer involved has made an offer for a collective bargaining agreement, the represented unit employees involved shall be provided the opportunity for a secret ballot vote on such offer prior to any vote relating to the commencement of a strike. The cost of any such election shall be borne by the labor organization. . (e) Reporting by labor organizations Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431(c) (1) by inserting and the independently verified annual audit report of the labor organization’s financial condition and operations required to be contained in such report (2) by inserting and represented unit nonmembers members (3) by inserting and represented unit nonmember any member (4) by striking and any books, records, (5) by inserting , and independently verified annual audit report of the labor organization’s financial condition and operations necessary to verify such report. (f) Acts of violence Section 610 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 530 (1) by striking It shall (a) It shall (2) by adding at the end the following: (b) It shall be unlawful for any person, through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any person for the purpose of obtaining from any person any right to represent employees or any compensation or other term or condition of employment. Any person who willfully violates this subsection shall be fined not more than $100,000 or imprisoned for not more than 10 years, or both. (c) The lawfulness of a labor organization’s objectives shall not remove or exempt from the definition of extortion conduct by the labor organization or its agents that otherwise constitutes extortion as defined by section 1951(b)(2) of title 18, United States Code, from the definition of extortion. .

Employee Rights Act

National Child Protection Training Act - Directs the Attorney General, through the Office of Juvenile Justice and Delinquency Prevention, to establish a program to sustain at least four regional training centers affiliated with institutions of higher education. Requires the regional training centers to: (1) develop model interdisciplinary undergraduate curricula on recognizing and responding to cases of child maltreatment that consists of at least a three-course certificate program or minor degree; (2) develop related model graduate curricula for medical schools, law schools, seminaries, and other institutions of higher education that instruct students likely to become child protection professionals or other professionals required by law to report cases of child maltreatment; (3) disseminate such curricula, upon the Attorney General's approval, to institutions of higher education; (4) develop "laboratory" training facilities that allow for simulated, interactive, and intensive training of students preparing for child protection careers as well as child protection professionals currently in the field; (5) assist communities in developing evidence-based prevention programs; and (6) assist states in developing and maintaining forensic interview training programs.

114 S2431 IS: National Child Protection Training Act U.S. Senate 2015-12-18 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. 2431 IN THE SENATE OF THE UNITED STATES December 18, 2015 Ms. Klobuchar Mr. Boozman Mr. Franken Committee on the Judiciary A BILL To improve the training of child protection professionals. 1. Short title This Act may be cited as the National Child Protection Training Act 2. Establishment of regional training centers (a) Regional training centers The Attorney General, acting through the Office of Juvenile Justice and Delinquency Prevention and in coordination with the National Child Protection Training Center, shall establish a program to sustain not less than 4 regional training centers affiliated with institutions of higher education. (b) Responsibilities The regional training centers described in subsection (a) shall— (1) develop model undergraduate curricula on recognizing and responding to cases of child maltreatment that is interdisciplinary and that, at a minimum, consists of a 3-course certificate program or minor degree; (2) develop model graduate curricula on recognizing and responding to cases of child maltreatment for medical schools, law schools, seminaries, and other institutions of higher education that instruct students likely to become child protection professionals or other professionals required by law to report cases of child maltreatment; (3) after approval by the Attorney General, disseminate model undergraduate and graduate child maltreatment curricula to institutions of higher education, including graduate schools, law schools, and medical schools; (4) develop laboratory (5) assist communities in developing evidence-based prevention programs; and (6) assist States in developing and maintaining forensic interview training programs. (c) Definition In this section, the term institution of higher education 20 U.S.C. 1001(a)

National Child Protection Training Act

Restoring Main Street Investor Protection and Confidence Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity." Bases the determination of net equity, the positions, options, and contracts of a customer reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, upon: (1) the information contained in the last statement issued by the debtor to the customer before the filing date; and (2) any additional written confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date. Makes an exception to this requirement when a debtor's records indicate a higher value. Requires determination of the customer's net equity using the debtor's books and records instead of the customer's last statement when the debtor's books and records indicate that the net value of a customer's positions, options, and contracts reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, is greater than the customer's net value as calculated on the basis specified by this Act. Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers which reasonably indicated a fraud adversely affecting a substantial number of customers; or (2) as a registered broker, dealer, or investment adviser under specified securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), the Securities and Exchange Commission (SEC), or law enforcement personnel. Prohibits a trustee in bankruptcy in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same criteria regarding actual or constructive knowledge of the debtor's involvement in fraudulent activity. Prescribes alternative methodologies for allocation of customer property to customers by a trustee in a liquidation proceeding. Requires public notice and comment as a prerequisite to court approval of a proposed allocation methodology. Transfers from the SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee. Prohibits a trustee from serving in multiple liquidations if the trustee is currently serving as such under this Act for the liquidation of the business of another debtor. Sets forth requirements for trustee and attorney compensation. Requires the SIPC to issue quarterly public reports on its payments to the trustee, as well as all other costs in connection with the liquidation proceeding. Defines as a "customer" of the debtor under such Act: (1) any person that had cash or securities that were converted or otherwise misappropriated by the debtor (or any person who controls, is controlled by, or is under common control with the debtor, if such person was operating through the debtor), irrespective of whether the debtor held or otherwise had custody, possession, or control of that cash or securities; and (2) any other person the SIPC deems a customer of the debtor. Authorizes the SEC as well as the SIPC (as under current law) to apply for a protective decree on an SIPC member's behalf with any court of competent jurisdiction. Prescribes the timing of: (1) SIPC advances, and (2) payments to customers. Conditions the SEC authorization to make loans to the SIPC upon an SEC determination that the SIPC is unable to borrow in the public debt markets at reasonable terms (both as to yield and maturity). Requires the SEC to inspect SIPC members periodically to ensure that the information they provide to customers is accurate. Requires the self-regulatory organization to which an SIPC member belongs, or in which it is a participant, to inspect or examine the member to assess its financial stability as well as ensure that the information the member provides to customers is accurate.

114 S67 IS: Restoring Main Street Investor Protection and Confidence 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. 67 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Investor Protection Act of 1970 to confirm that a customer’s net equity claim is based on the customer’s last statement and that certain recoveries are prohibited, to change how trustees are appointed, and for other purposes. 1. Short title This Act may be cited as the Restoring Main Street Investor Protection and Confidence Act 2. Securities Investor Protection Act of 1970 amendments (a) Net equity based on last statement Section 16(11) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78lll(11) (11) Net equity (A) In general The term net equity (i) calculating the sum which would have been owed by the debtor to such customer if the debtor had liquidated, by sale or purchase on the filing date— (I) all securities positions of such customer (other than customer name securities reclaimed by such customer); and (II) all positions in futures contracts and options on futures contracts held in a portfolio margining account carried as a securities account pursuant to a portfolio margining program approved by the Commission, including all property collateralizing such positions, to the extent that such property is not otherwise included herein; minus (ii) any indebtedness of such customer to the debtor on the filing date; plus (iii) any payment by such customer of such indebtedness to the debtor which is made with the approval of the trustee and within such period as the trustee may determine (but in no event more than sixty days after the publication of notice under section 8(a)). (B) Treatment of certain commodity futures contracts A claim for a commodity futures contract received, acquired, or held in a portfolio margining account pursuant to a portfolio margining program approved by the Commission or a claim for a security futures contract, shall be deemed to be a claim with respect to such contract as of the filing date, and such claim shall be treated as a claim for cash. (C) Treatment of accounts held by a customer in separate capacities In determining net equity under this paragraph, accounts held by a customer in separate capacities shall be deemed to be accounts of separate customers. (D) Reliance on final customer statement (i) In general In determining net equity under this paragraph, the positions, options, and contracts of a customer reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on— (I) the information contained in the last statement issued by the debtor to the customer before the filing date; and (II) any additional written confirmations of the customer’s positions, options, contracts, or indebtedness received after such last statement but before the filing date. (ii) Exception when debtor’s records indicate higher value Notwithstanding clause (i), if the books and records of the debtor indicate that the net value of a customer’s positions, options, and contracts reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, is greater than the net value of the customer as calculated under clause (i) using the customer’s last statement, then the determination of the net equity of the customer under this paragraph shall be done using the books and records of the debtor instead of the customer’s last statement. (iii) Fraud exception The provisions of this subparagraph shall not apply to any customer that— (I) knew the debtor was involved in fraudulent activity with respect to any customer of the debtor which reasonably indicated a fraud adversely affecting a substantial number of customers; or (II) was a person that— (aa) was, or was required to be, registered— (AA) as a broker or dealer under the Securities Exchange Act of 1934; or (BB) as an investment adviser under the Investment Advisers Act of 1940, or that would have been required to register as an investment adviser under the Investment Advisers Act of 1940 but for section 203(m) of such Act; (bb) knew, or, due to the activities of such person causing such person to be described under item (aa), should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and (cc) did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity. . (b) Allocation of customer property to customers Section 8(c) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78fff–2(c) (1) in paragraph (1), by amending subparagraph (B) to read as follows: (B) second, to customers of such debtor, as described under paragraph (4); ; and (2) by adding at the end the following: (4) Allocation of customer property to customers (A) In general Allocations of customer property to customers under paragraph (1)(B) shall be made such that customers share in customer property based on a methodology— (i) based on the net equity of a customer, as determined using the last statement issued by the debtor to the customer before the filing date; (ii) determined by the trustee, in consultation with the Commission; and (iii) approved by the court. (B) Alternate methodology If the trustee determines that allocating customer property in accordance with subparagraph (A) would be unfair and inequitable to a substantial segment of customers and would not fully serve the remedial purposes of this Act, allocations of customer property to customers under paragraph (1)(B) shall be made such that customers share in customer property based on a fair and reasonable methodology, with special consideration for the typical, non-professional investor, that— (i) if the trustee determines that it is necessary in order to reach a fair and reasonable result, is determined without regard to section 16(11)(D); (ii) is determined by the trustee, in consultation with the Commission; and (iii) is approved by the court. (C) Public notice and comment Before approving a proposed methodology under subparagraph (A)(ii) or subparagraph (B)(ii), the court shall— (i) notify customers and other interested parties that the court is considering the proposed methodology; and (ii) provide the customers and interested parties an opportunity to provide comments on the proposed methodology. . (c) Prohibition on certain recoveries (1) In general Section 8 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78fff–2 (g) Prohibition on certain recoveries Notwithstanding any other provision of this Act, a trustee may not recover any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, such customer— (1) knew the debtor was involved in fraudulent activity with respect to any customer of the debtor which reasonably indicated a fraud adversely affecting a substantial number of customers; or (2) was a person that— (A) was, or was required to be, registered— (i) as a broker or dealer under the Securities Exchange Act of 1934; or (ii) as an investment adviser under the Investment Advisers Act of 1940, or that would have been required to register as an investment adviser under the Investment Advisers Act of 1940 but for section 203(m) of such Act; (B) knew, or, due to the activities of such person causing such person to be described under subparagraph (A), should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and (C) did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity. . (2) Construction Nothing in this Act, or the amendments made by this Act, shall be construed as prohibiting a trustee appointed under the Securities Investor Protection Act of 1970 from recovering property transferred by a debtor to a person who is not a customer of the debtor. (d) Appointment of trustees (1) In general Section 5(b)(3) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78eee(b)(3) (3) Appointment of trustee and attorney (A) In general If the court issues a protective decree under paragraph (1), such court shall forthwith appoint, as trustee for the liquidation of the business of the debtor and as attorney for the trustee, such persons as the court determines best fit to serve as trustee and as attorney from among the persons selected by the Commission pursuant to subparagraph (B). The persons appointed as trustee and as attorney for the trustee may be associated with the same firm. (B) Commission Candidates The Commission shall maintain a list of candidates for the position of trustee and attorney for the trustee for a debtor in a liquidation proceedings, and shall periodically update the list, as appropriate. With respect to a debtor and upon the court issuing a protective decree under paragraph (1), the Commission shall forthwith provide the court with such list. (C) Disinterest requirement No person may be appointed to serve as trustee or attorney for the trustee if such person is not disinterested within the meaning of paragraph (6), except that for any specified purpose other than to represent a trustee in conducting a liquidation proceeding, the trustee may, with the approval of SIPC and the court, employ an attorney who is not disinterested. (D) Qualification A trustee appointed under this paragraph shall qualify by filing a bond in the manner prescribed by section 322 of title 11, United States Code, except that neither SIPC nor any employee of SIPC shall be required to file a bond when appointed as trustee. (E) Prohibition on trustee serving in multiple liquidations A trustee may not be appointed under this paragraph if the trustee is currently serving as trustee for the liquidation of the business of another debtor under this Act. . (2) Compensation for trustee and attorney Section 5(b)(5) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78eee(b)(5) (A) in subparagraph (A), by adding at the end the following: The court shall publicly disclose all such allowances that are granted. (B) by amending subparagraph (C) to read as follows: (C) Awarding of allowances Whenever an application for allowances is filed pursuant to subparagraph (B), the court shall determine the amount of allowances, giving due consideration to the nature, extent, and value of the services rendered. ; and (C) by adding at the end the following: (F) SIPC disclosures SIPC shall issue quarterly public reports on— (i) all payments made by SIPC to the trustee; (ii) all other costs in connection with the liquidation proceeding, including legal and accounting costs; and (iii) all additional expenses incurred by SIPC, and the nature of such expenses. . (3) Effective date The amendment made this subsection shall take effect with respect to trustees and attorneys appointed after the date of the enactment of this Act. (e) Definition of customer status Section 16(2)(B) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78lll(2)(B) (1) in clause (ii), by striking “; and” and inserting a semicolon; (2) in clause (iii), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new clauses: (iv) any person that had cash or securities that were converted or otherwise misappropriated by the debtor (or any person who controls, is controlled by, or is under common control with the debtor, if such person was operating through the debtor), irrespective of whether the debtor held or otherwise had custody, possession, or control of such cash or securities; and (v) any other person that the Commission, in its discretion and without any need for court approval, deems a customer of the debtor. . (f) Determination of need of protection Section 5 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78eee (1) in subsection (a)(3)— (A) by amending the heading for such paragraph by inserting the Commission or sipc (B) in the first subparagraph (A)— (i) by inserting The Commission or SIPC may (ii) by inserting the Commission or SIPC determines (C) by redesignating the second subparagraph (A) and the first subparagraph (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; and (2) in subsection (b)(1), by striking application by SIPC application by the Commission or SIPC (g) Timing of SIPC advances; Result of delay Section 9 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78fff–3 (f) Timing of SIPC advances; Result of delay (1) In general SIPC advances made to satisfy customer claims pursuant to subsection (a) shall be made before the end of the 3-month period beginning on the date that is the end of the 6-month period described under section 8(a)(3), plus the amount of any extension granted under such paragraph. (2) Result of delay If SIPC fails to make advances to the trustee in the period specified in paragraph (1), then for purposes of calculating a customer’s net equity under this Act, interest shall accrue beginning on the date that is the end of the 3-month period specified in paragraph (1). (3) Court determination If the trustee determines that enough information has been provided to SIPC to make an advance pursuant to subsection (a), the trustee may petition the court to have the court direct SIPC to make such advance. . (h) Timing of payments to customers Section 8(b) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78fff–2(b) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (2) the following: (3) upon petition by a customer, order the trustee to carry out the obligations of the trustee under this subsection with respect to such customer; and (4) if the court determines that the trustee has improperly delayed carrying out the obligations of the trustee under this subsection, impose financial sanctions on the trustee. . (i) Commission authority To require SIPC action Section 11(b) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg(b) (b) Commission authority To require SIPC action In the event of the refusal of SIPC to commit its funds or otherwise to act for the protection of customers of any member of SIPC, the Commission may require SIPC to discharge its obligations under this Act without court approval. . (j) Limitation on SEC loans to SIPC Section 4(g) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ddd(g) this Act and the Commission, in consultation with the Secretary of the Treasury, determines that SIPC is unable to borrow in the public debt markets at reasonable terms (both as to yield and maturity) (k) Inspection of SIPC members by SEC and self-Regulatory organizations (1) In general The Securities Investor Protection Act of 1970 ( 15 U.S.C. 78aaa et seq. (A) in section 11, by adding at the end the following: (e) Inspection of SIPC members by SEC The Commission shall carry out periodic inspections of SIPC members to ensure that the information such members provide to customers, including information contained in account statements and transaction confirmations, is accurate. ; and (B) in section 13(c)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right; (ii) by striking The self-regulatory organization (1) In general The self-regulatory organization ; and (iii) by adding at the end the following: (2) Inspection of information provided to customers Under such regulations as the Commission may prescribe, the self-regulatory organization of which a member of SIPC is a member or in which it is a participant shall inspect or examine such member to— (A) assess the financial stability of such member; and (B) ensure that the information such member provides to customers, including information contained in account statements and transaction confirmations, is accurate. . (2) Report Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the implementation of the amendments made by this subsection. 3. Effective date Except as provided under section 2(d)(3), the amendments made by section 2 shall take effect with respect to a liquidation proceeding under the Securities Investor Protection Act of 1970 that— (1) was in progress on the date of the enactment of this Act; or (2) is initiated after the date of the enactment of this Act.

Restoring Main Street Investor Protection and Confidence Act

Obamacare Taxpayer Bailout Prevention Act - Repeals the provision of the Patient Protection and Affordable Care Act that directs the Secretary of Health and Human Services (HHS) to establish and administer a program of risk corridors for calendar years 2014, 2015, and 2016 under which a qualified health plan offered in the individual or small group market is required to participate in a payment adjustment system based on the ratio of the allowable costs of the plan to the plan's aggregate premiums.

114 S123 IS: Obamacare Taxpayer Bailout Prevention Act U.S. Senate 2015-01-08 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 114th CONGRESS 1st Session S. 123 IN THE SENATE OF THE UNITED STATES January 8, 2015 Mr. Rubio Mr. Flake Mr. Inhofe Mr. Lee Mr. McCain Mr. Paul Mr. Roberts Mr. Rounds Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To prevent a taxpayer bailout of health insurance issuers. 1. Short title This Act may be cited as the Obamacare Taxpayer Bailout Prevention Act 2. Prevention of bailout of health insurance issuers The Patient Protection and Affordable Care Act is amended by striking section 1342 ( 42 U.S.C. 18062

Obamacare Taxpayer Bailout Prevention Act

Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act - Makes amendments to the Uniformed and Overseas Citizens Absentee Voting Act to expand access to voting in federal elections for members of the uniformed services and U.S. citizens residing abroad (overseas voters). Title I: Amendments Related to the Uniformed and Overseas Citizens Absentee Voting Act - (Sec. 101) Requires the chief election official of a state to report, not later than 43 days before any federal election held in the state, on the total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election. (Sec. 102) Eliminates the hardship waiver allowed for states from the requirement to provide absentee voters ballots 46 days prior to an election. Requires express delivery of an absentee ballot that is not timely transmitted, unless a state permits transmission and return of an absentee ballot by electronic means. Requires a state to notify the Attorney General as soon as practicable and take all actions necessary, including seeking necessary judicial review, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. (Sec. 104) Prohibits a state from disqualifying any voter who has registered to vote using the official post card form prescribed by the National Voter Registration Act of 1993. (Sec. 105) Prohibits a state from rejecting a voter registration or absentee ballot application from an overseas voter because of early submission. Allows an absentee voter to use a single absentee ballot application for subsequent elections. Requires the presidential designee to ensure that the official postcard form prescribed under the Uniformed and Overseas Citizens Absentee Voting Act enables a voter using the form to request: (1) an absentee ballot for each election for federal office held in a state through the next regularly scheduled general election, including any runoff elections; or (2) an absentee ballot for a specific election or elections for federal office. (Sec. 106) Makes the Uniformed and Overseas Citizens Absentee Voting Act applicable to the Commonwealth of the Northern Mariana Islands. (Sec. 107) Revises reporting requirements for voting assistance programs for members of the uniformed services and overseas voters to require a biennial report by the presidential designee on June 30 of each odd-numbered year (currently, March 31 of each year) on the effectiveness of such programs. Requires the Comptroller General (GAO) to review such biennial reports for elections held in calendar years 2014 through 2020 and report to Congress on such review. (Sec. 108) Makes the amendments made by this title effective on January 1, 2015. Title II: Provision of Voter Assistance to Members of the Armed Forces - Directs the Secretary of Defense (DOD), in coordination with the Secretary of each military department, to: (1) affirmatively offer, on an annual basis, each member of the Armed Forces on active duty (other than active duty for training) the opportunity, through an online system, to register to vote in a federal election, update voter registration information, or request an absentee ballot; (2) implement an online system for such purposes; and (3) implement a system to track a change of address or duty status of a member of the Armed Forces on active duty to provide an automatic notice to such member of voter registration requirements. Requires the Secretary to prescribe regulations to implement such voter assistance measures and report to the House Committees on Appropriations, Armed Services, and Administration and the Senate Committees on Appropriations, Armed Services, and Rules and Administration on such implementation. Title III: Electronic Voting Systems - Amends the National Defense Authorization Act for Fiscal Year 2002 to repeal the demonstration project allowing absent members of the uniformed services to vote in the regularly scheduled general election for federal office for November 2002 through an electronic voting system.

113 S1728 RS: Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act U.S. Senate 2013-11-19 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 Calendar No. 355 113th CONGRESS 2d Session S. 1728 IN THE SENATE OF THE UNITED STATES November 19, 2013 Mr. Cornyn Mr. Schumer Mr. Blunt Mr. Warner Mr. Wicker Mr. Brown Mr. Rubio Mr. King Mr. Cochran Mr. Portman Mr. Cruz Mr. Walsh Ms. Klobuchar Mr. Pryor Committee on Rules and Administration April 10, 2014 Reported by Mr. Schumer Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the Uniformed and Overseas Citizens Absentee Voting Act to improve ballot accessibility to uniformed services voters and overseas voters, and for other purposes. 1. Short title This Act may be cited as the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act I Amendments related to the Uniformed and Overseas Citizens Absentee Voting Act 101. Pre-election reporting requirement on transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(c)) is amended by striking Not later than 90 days (1) Pre-election report on absentee ballots transmitted (A) In general Not later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, confirming— (i) the number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election, and (ii) whether those ballots were timely transmitted. (B) Matters to be included The report under subparagraph (A) shall include the following information: (i) Specific information about ballot transmission, including the total numbers of ballot requests received from such voters and ballots transmitted to such voters by the 46th day before the election from each unit of local government that will administer the election. (ii) If the chief State election official has incomplete information on any items required to be included in the report, an explanation of what information is incomplete information and efforts made to acquire such information. (C) Requirement to supplement incomplete information If the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. (D) Format The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. (2) Post election report on number of absentee ballots transmitted and received Not later than 90 days . (b) Conforming amendment The heading for subsection (c) of section 102 of such Act ( 42 U.S.C. 1973ff–1(c) Report on number of absentee ballots transmitted and received Reports on absentee ballots 102. Transmission requirements; repeal of waiver provision (a) In general Paragraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g); . (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of section 102 of such Act (42 U.S.C. 1973ff–1(g)) is amended to read as follows: (g) Ballot transmission requirements (1) In general For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) In general If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery In any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter, and (II) may be required by the State to be paid by a local jurisdiction if the State determines that election officials in such jurisdiction are responsible for the failure to transmit the ballot by any date required under this paragraph. (iv) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act. (2) Requests received after 46th day before election For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 46 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot not later than 3 business days after such request is received. . 103. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) In general Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(a)(3) general elections general, special, primary, and runoff elections (b) Conforming amendment Section 103 of such Act ( 42 U.S.C. 1973ff–2 (1) in subsection (b)(2)(B), by striking general (2) in the heading thereof, by striking general 104. Treatment of ballot requests (a) Application of prohibition of refusal of applications on grounds of early submission to overseas voters Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) is amended— (1) by inserting or overseas voter submitted by an absent uniformed services voter (2) by striking members of the uniformed services absent uniformed services voters or overseas voters (b) Use of single application for subsequent elections (1) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 (A) by striking A State (a) Prohibition of refusal of applications on grounds of early submission A State , and (B) by adding at the end the following new subsections: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election. (2) Exceptions Paragraph (1) shall not apply with respect to either of the following: (A) Voters changing registration A voter removed from the list of official eligible voters in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a) (B) Undeliverable ballots A voter whose ballot is returned by mail to the State or local election officials as undeliverable or, in the case of a ballot delivered electronically, if the email sent to the voter was undeliverable or rejected due to an invalid email address. . (2) Conforming amendment The heading of section 104 of such Act is amended by striking Prohibition of refusal of applications on grounds of early submission Treatment of ballot requests (3) Revision to postcard form (A) In general The Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b)(2) (i) request an absentee ballot for each election for Federal office held in a State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election; or (ii) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (B) Presidential designee For purposes of this paragraph, the term Presidential designee 105. Applicability to Commonwealth of the Northern Mariana Islands Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(6)) are each amended by striking and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands 106. Biennial report on the effectiveness of activities of the federal voting assistance program and Comptroller General review (a) In general Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) in the matter preceding paragraph (1)— (A) by striking March 31 of each year June 30 of each odd-numbered year (B) by striking the following information the following information with respect to the Federal elections held during the 2 preceding calendar years (2) in paragraph (1), by striking separate assessment separate assessment and statistical analysis (3) in paragraph (2)— (A) by striking section 1566a sections 1566a and 1566b (B) by striking such section such sections (C) by adding at the end the following new subparagraphs: (C) The number of completed official postcard forms prescribed under section 101(b)(2) that were completed by absent uniformed services members and accepted and transmitted. (D) The number of absent uniformed services members who declined to register to vote under such sections. . (b) Comptroller General reviews Section 105A of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4a (c) Comptroller General reviews (1) In general (A) Review The Comptroller General shall conduct a review of any reports submitted by the Presidential designee under subsection (b) with respect to elections occurring in calendar years 2014 through 2020. (B) Report Not later than 180 days after a report is submitted by the Presidential designee under subsection (b), the Comptroller General shall submit to the relevant committees of Congress a report containing the results of the review conducted under subparagraph (A). (2) Matters reviewed A review conducted under paragraph (1) shall assess— (A) the methodology used by the Presidential designee to prepare the report and to develop the data presented in the report, including the approach for designing, implementing, and analyzing the results of any surveys, (B) the effectiveness of any voting assistance covered in the report provided under subsection (b) and provided by the Presidential designee to absent overseas uniformed services voters and overseas voters who are not members of the uniformed services, including an assessment of— (i) any steps taken toward improving the implementation of such voting assistance; and (ii) the extent of collaboration between the Presidential designee and the States in providing such voting assistance; and (C) any other information the Comptroller General considers relevant to the review. . (c) Conforming amendments (1) Section 101(b) of such Act ( 42 U.S.C. 1973ff(b) (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) through (11) as paragraphs (6) through (10), respectively. (2) Section 102(a) of such Act ( 42 U.S.C. 1973ff–1(a) (A) in paragraph (5), by striking 101(b)(7) 101(b)(6) (B) in paragraph (11), by striking 101(b)(11) 101(b)(10) (3) Section 105A(b) of such Act (42 U.S.C. 1973ff–4a(b)) is amended— (A) by striking Annual report Biennial report (B) by striking In the case of a description A description 107. Effective date The amendments made by this title shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each succeeding election for Federal office. II Provision of voter assistance to members of the Armed Forces 201. Provision of annual voter assistance (a) Annual voter assistance (1) In general Chapter 80 section 1566a 1566b. Annual voter assistance (a) In general The Secretary of Defense shall carry out the following activities: (1) In coordination with the Secretary of each military department— (A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other than active duty for training) the opportunity, through the online system developed under paragraph (2), to— (i) register to vote in an election for Federal office; (ii) update the member's voter registration information; or (iii) request an absentee ballot; (B) provide services to such members for the purpose of carrying out the activities in clauses (i), (ii), and (iii) of subparagraph (A); and (C) require any such member who declines the offer for voter assistance under subparagraph (A) to indicate and record that decision. (2) Implement an online system that, to the extent practicable, is integrated with the existing systems of each of the military departments and that— (A) provides an electronic means for carrying out the requirements of paragraph (1); (B) in the case of an individual registering to vote in a State that accepts electronic voter registration and operates its own electronic voter registration system using a form that meets the requirements for mail voter registration forms under section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(b)), directs such individual to that system; and (C) in the case of an individual using the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to register to vote and request an absentee ballot— (i) pre-populates such official postcard form with the personal information of such individual, and (ii) (I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official postcard form; or (II) transmits the completed official postcard form electronically to the appropriate State or local election officials. (3) Implement a system (either independently or in conjunction with the online system under paragraph (2)) by which any change of address by a member of the armed forces on active duty who is undergoing a permanent change of station, deploying overseas for at least six months, or returning from an overseas deployment of at least six months automatically triggers, through the Defense Enrollment and Eligibility Registration System or related systems, a notification via electronic means to such member that— (A) indicates that such member's voter registration or absentee mailing address should be updated with the appropriate State or local election officials; and (B) includes instructions on how to update such voter registration using the online system developed under paragraph (2). (b) Data collection The online system developed under subsection (a)(2) shall collect and store all data required to meet the reporting requirements of section 201(b) of the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act section 552a (c) Timing of voter assistance To the extent practicable, the voter assistance under subsection (a)(1) shall be offered as a part of each servicemember’s annual training. (d) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations implementing the requirements of subsection (a). Such regulations shall include procedures to inform those members of the armed forces on active duty (other than active duty for training) experiencing a change of address about the benefits of this section and the timeframe for requesting an absentee ballot to ensure sufficient time for State delivery of the ballot. . (2) Clerical amendment The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1566a the following new item: 1566b. Annual voter assistance. . (b) Report on status of implementation (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant committees of Congress a report on the status of the implementation of the requirements of section 1566b (2) Elements The report under paragraph (1) shall include— (A) a detailed description of any specific steps already taken towards the implementation of the requirements of such section 1566b; (B) a detailed plan for the implementation of such requirements, including milestones and deadlines for the completion of such implementation; (C) the costs expected to be incurred in the implementation of such requirements; (D) a description of how the annual voting assistance and system under subsection (a)(3) of such section will be integrated with the Defense Enrollment and Eligibility Registration System or other Department of Defense personnel databases that track military servicemembers' address changes; (E) an estimate of how long it will take an average member to complete the voter assistance process required under subsection (a)(1) of such section; (F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of the online system under subsection (a)(2) of such section; and (G) a summary of any objections, concerns, or comments made by State or local election officials regarding the implementation of such section. (3) Relevant committees of congress defined In this subsection, the term relevant committees of Congress (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. III Electronic voting systems 301. Repeal of electronic voting demonstration project Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 ( 42 U.S.C. 1973ff IV Residency of military family members 401. Extending guarantee of residency for voting purposes to family members of absent military personnel (a) In general Subsection (b) of section 705 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 595 (1) by striking a person who is absent from a State because the person is accompanying the persons's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence a dependent of a person who is absent from a State in compliance with military orders shall not, solely by reason of absence, whether or not accompanying that person (2) in the heading by striking Spouses Dependents (b) Conforming amendment The heading of section 705 of such Act ( 50 U.S.C. App. 595 spouses dependents (c) Effective date The amendments made by this section shall apply with respect to absences from States described in section 705(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 595(b)), as amended by subsection (a), after the date of the enactment of this Act, regardless of the date of the military orders concerned. 1. Short title This Act may be cited as the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act I Amendments related to the Uniformed and Overseas Citizens Absentee Voting Act 101. Pre-election reporting requirement on transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(c)) is amended by striking Not later than 90 days (1) Pre-election report on absentee ballots transmitted (A) In general Not later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report containing the information in subparagraph (B) to the Attorney General and the Presidential designee, and make that report publicly available that same day. (B) Information reported The report under subparagraph (A) shall consist of the following: (i) The total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election. (ii) The total number of ballots transmitted to such voters by the 46th day before the election by each unit of local government within the State that will administer the election. (iii) If the chief State election official has incomplete information on any items required to be included in the report, an explanation of what information is incomplete information and efforts made to acquire such information, including the identity of any unit of local government that failed to provide required information to the State. (C) Requirement to supplement incomplete information If the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. (D) Format The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. (2) Post election report on number of absentee ballots transmitted and received Not later than 90 days . (b) Conforming amendment The heading for subsection (c) of section 102 of such Act ( 42 U.S.C. 1973ff–1(c) Report on number of absentee ballots transmitted and received Reports on absentee ballots 102. Transmission requirements; repeal of waiver provision (a) In general Paragraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g); . (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of section 102 of such Act (42 U.S.C. 1973ff–1(g)) is amended to read as follows: (g) Ballot transmission requirements (1) In general For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) In general If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery In any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter, and (II) may be required by the State to be paid by a local jurisdiction if the State determines that election officials in such jurisdiction are responsible for the failure to transmit the ballot by any date required under this paragraph. (iv) Exception Clause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. (v) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision. (C) Special procedure in event of disaster If a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or explosion), or an act of terrorism prevents the State from transmitting any absentee ballot by the 46th day before the election as required by subparagraph (A), it shall notify the Attorney General as soon as practicable and take all actions necessary, including seeking any necessary judicial relief, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. (2) Requests received after 47th day before election For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot not later than 3 business days after such request is received. . 103. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) In general Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(a)(3) general elections general, special, primary, and runoff elections (b) Conforming amendment Section 103 of such Act ( 42 U.S.C. 1973ff–2 (1) in subsection (b)(2)(B), by striking general (2) in the heading thereof, by striking general 104. Treatment of post card registration requests Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 (j) Treatment of post card registrations A State shall not remove any voter who has registered to vote using the official post card form (prescribed under section 101) except in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a) . 105. Treatment of ballot requests (a) Application of prohibition of refusal of applications on grounds of early submission to overseas voters Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) is amended— (1) by inserting or overseas voter submitted by an absent uniformed services voter (2) by striking members of the uniformed services absent uniformed services voters or overseas voters (b) Use of single application for subsequent elections (1) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 (A) by striking A State (a) Prohibition of refusal of applications on grounds of early submission A State , and (B) by adding at the end the following new subsections: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), the State shall provide an absentee ballot to the voter for each such subsequent election. (2) Exceptions Paragraph (1) shall not apply with respect to either of the following: (A) Voters changing registration A voter removed from the list of official eligible voters in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a) (B) Undeliverable ballots A voter whose ballot is returned by mail to the State or local election officials as undeliverable or, in the case of a ballot delivered electronically, if the email sent to the voter was undeliverable or rejected due to an invalid email address. . (2) Conforming amendment The heading of section 104 of such Act is amended by striking Prohibition of refusal of applications on grounds of early submission Treatment of ballot requests (3) Revision to postcard form (A) In general The Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b)(2) (i) request an absentee ballot for each election for Federal office held in a State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election); or (ii) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (B) Presidential designee For purposes of this paragraph, the term Presidential designee 106. Applicability to Commonwealth of the Northern Mariana Islands Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(6)) are each amended by striking and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands 107. Biennial report on the effectiveness of activities of the federal voting assistance program and Comptroller General review (a) In general Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) in the matter preceding paragraph (1)— (A) by striking March 31 of each year June 30 of each odd-numbered year (B) by striking the following information the following information with respect to the Federal elections held during the 2 preceding calendar years (2) in paragraph (1), by striking separate assessment separate assessment and statistical analysis (3) in paragraph (2)— (A) by striking section 1566a sections 1566a and 1566b (B) by striking such section such sections (C) by adding at the end the following new subparagraphs: (C) The number of completed official postcard forms prescribed under section 101(b)(2) that were completed by absent uniformed services members and accepted and transmitted. (D) The number of absent uniformed services members who declined to register to vote under such sections. . (b) Comptroller General reviews Section 105A of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4a (c) Comptroller General reviews (1) In general (A) Review The Comptroller General shall conduct a review of any reports submitted by the Presidential designee under subsection (b) with respect to elections occurring in calendar years 2014 through 2020. (B) Report Not later than 180 days after a report is submitted by the Presidential designee under subsection (b), the Comptroller General shall submit to the relevant committees of Congress a report containing the results of the review conducted under subparagraph (A). (2) Matters reviewed A review conducted under paragraph (1) shall assess— (A) the methodology used by the Presidential designee to prepare the report and to develop the data presented in the report, including the approach for designing, implementing, and analyzing the results of any surveys, (B) the effectiveness of any voting assistance covered in the report provided under subsection (b) and provided by the Presidential designee to absent overseas uniformed services voters and overseas voters who are not members of the uniformed services, including an assessment of— (i) any steps taken toward improving the implementation of such voting assistance; and (ii) the extent of collaboration between the Presidential designee and the States in providing such voting assistance; and (C) any other information the Comptroller General considers relevant to the review. . (c) Conforming amendments (1) Section 101(b) of such Act ( 42 U.S.C. 1973ff(b) (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) through (11) as paragraphs (6) through (10), respectively. (2) Section 102(a) of such Act ( 42 U.S.C. 1973ff–1(a) (A) in paragraph (5), by striking 101(b)(7) 101(b)(6) (B) in paragraph (11), by striking 101(b)(11) 101(b)(10) (3) Section 105A(b) of such Act (42 U.S.C. 1973ff–4a(b)) is amended— (A) by striking Annual report Biennial report (B) by striking In the case of a description A description (d) Effective date The amendments made by this section shall apply to reports required to be issued after the date of the enactment of this Act. 108. Effective date Except as provided in section 107(d), the amendments made by this title shall take effect on January 1, 2015. II Provision of voter assistance to members of the Armed Forces 201. Provision of annual voter assistance (a) Annual voter assistance (1) In general Chapter 80 section 1566a 1566b. Annual voter assistance (a) In general The Secretary of Defense shall carry out the following activities: (1) In coordination with the Secretary of each military department— (A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other than active duty for training) the opportunity, through the online system developed under paragraph (2), to— (i) register to vote in an election for Federal office; (ii) update the member's voter registration information; or (iii) request an absentee ballot; (B) provide services to such members for the purpose of carrying out the activities in clauses (i), (ii), and (iii) of subparagraph (A); and (C) require any such member who declines the offer for voter assistance under subparagraph (A) to indicate and record that decision. (2) Implement an online system that, to the extent practicable, is integrated with the existing systems of each of the military departments and that— (A) provides an electronic means for carrying out the requirements of paragraph (1); (B) in the case of an individual registering to vote in a State that accepts electronic voter registration and operates its own electronic voter registration system using a form that meets the requirements for mail voter registration forms under section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(b)), directs such individual to that system; and (C) in the case of an individual using the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to register to vote and request an absentee ballot— (i) pre-populates such official postcard form with the personal information of such individual, and (ii) (I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official postcard form; or (II) transmits the completed official postcard form electronically to the appropriate State or local election officials. (3) Implement a system (either independently or in conjunction with the online system under paragraph (2)) by which any change of address by a member of the armed forces on active duty who is undergoing a permanent change of station, deploying overseas for at least six months, or returning from an overseas deployment of at least six months automatically triggers a notification via electronic means to such member that— (A) indicates that such member's voter registration or absentee mailing address should be updated with the appropriate State or local election officials; and (B) includes instructions on how to update such voter registration using the online system developed under paragraph (2). (b) Data collection The online system developed under subsection (a)(2) shall collect and store all data required to meet the reporting requirements of section 201(b) of the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act section 552a (c) Timing of voter assistance To the extent practicable, the voter assistance under subsection (a)(1) shall be offered as a part of each servicemember’s annual training. (d) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations implementing the requirements of subsection (a). Such regulations shall include procedures to inform those members of the armed forces on active duty (other than active duty for training) experiencing a change of address about the benefits of this section and the timeframe for requesting an absentee ballot to ensure sufficient time for State delivery of the ballot. . (2) Clerical amendment The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1566a the following new item: 1566b. Annual voter assistance. . (b) Report on status of implementation (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant committees of Congress a report on the status of the implementation of the requirements of section 1566b (2) Elements The report under paragraph (1) shall include— (A) a detailed description of any specific steps already taken towards the implementation of the requirements of such section 1566b; (B) a detailed plan for the implementation of such requirements, including milestones and deadlines for the completion of such implementation; (C) the costs expected to be incurred in the implementation of such requirements; (D) a description of how the annual voting assistance and system under subsection (a)(3) of such section will be integrated with Department of Defense personnel databases that track military servicemembers' address changes; (E) an estimate of how long it will take an average member to complete the voter assistance process required under subsection (a)(1) of such section; (F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of the online system under subsection (a)(2) of such section; and (G) a summary of any objections, concerns, or comments made by State or local election officials regarding the implementation of such section. (3) Relevant committees of congress defined In this subsection, the term relevant committees of Congress (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. III Electronic voting systems 301. Repeal of electronic voting demonstration project Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 ( 42 U.S.C. 1973ff April 10, 2014 Reported with an amendment

Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act

Endangered Species Management Self-Determination Act - Amends the Endangered Species Act of 1973 (ESA) to require the consent of the governor of a state in which a species is present for: (1) a determination of endangered or threatened species status by regulation, and (2) listing of the species as endangered or threatened by the Secretary of the Interior upon a determination by the Secretary of Commerce. Eliminates a rulemaking procedure involving the petitioning by an interested person for adding a species to, or removing a species from, the lists of endangered and threatened species. Defines "best scientific and commercial data," for purposes of determinations, to include any scientific evidence made available by any state agency. Subjects determinations by the Secretaries of the Interior and of Commerce to list species as endangered or threatened to congressional approval by joint resolution. Requires removal of each species listed on an approved list five years after the joint resolution is enacted. Provides a procedure for re-submission by the Secretary of the Interior, in consultation with the governor of each state in which the endangered or threatened species is present, of a list including a species so removed and subjects that list to approval by joint resolution. Eliminates the requirement for guidelines concerning petitions. Establishes a process for exclusive state regulation of endangered or threatened species determined by a state governor to be present only within that state. Precludes judicial review of any such action. Subjects the following to the process of intrastate regulation: (1) issuance of species conservation regulations, (2) recovery plan implementation, (3) species recovery monitoring, and (4) establishment of agency guidelines. Requires the Administrators of the Bonneville, Southeastern, Southwestern, and Western Area Power Administrations, except with respect to intrastate species regulation, to include in customer monthly billing statements information on the share of costs to the customer incurred as a result of ESA compliance. Allows an owner or lessee of any real property to submit to the Secretary of the Interior an application that includes any proposed use of the real property for a determination of whether the use will violate ESA. Deems the use to be compliant if the Secretary fails to respond within 90 days. Allows the owner or lessee to seek compensation (150% of the property's fair market value) if the use is determined to violate ESA and an action of the U.S. Fish and Wildlife Service diminishes the fair market value of any real property by at least 50% with respect to the intended use. Eliminates the award of attorney fees in citizen suits under ESA.

114 S855 IS: Endangered Species Management Self-Determination Act U.S. Senate 2015-03-24 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. 855 IN THE SENATE OF THE UNITED STATES March 24, 2015 Mr. Paul Mr. Heller Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to permit Governors of States to regulate intrastate endangered species and intrastate threatened species, and for other purposes. 1. Short title This Act may be cited as the Endangered Species Management Self-Determination Act 2. Definition of ESA In this Act, the term ESA 16 U.S.C. 1531 et seq. 3. Findings Congress finds that— (1) the ESA was passed in 1973 as a means of protecting and recovering species and has not been substantially revised in over 25 years; (2) the ESA has not achieved its stated goal of recovering threatened species or endangered species; (3) of the species listed in accordance with the ESA, less than 1 percent of the total number of species in the United States have been recovered and removed from the list, largely due to data errors or other factors; (4) there is— (A) no comprehensive independent study of the costs or benefits of the ESA; (B) no full accounting of how much the Federal Government and State and local governments spend to implement, enforce, and comply with the ESA; and (C) no meaningful effort to account for the costs the ESA imposes on the private sector; (5) the ESA effectively penalizes landowners for owning endangered species habitat by forcing them to bear the cost of conservation; (6) the regulatory listing process under the ESA has become a tool for environmentalists to undermine, slow down, or halt construction of infrastructure projects, hampering economic growth and employment; and (7) litigation stemming from the ESA and some resulting settlements between the litigants and the Federal Government have made the ESA even more unworkable, to the detriment of species. 4. Determinations of endangered species and threatened species Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (1) in subsection (a)— (A) in paragraph (1), by inserting , with the consent of the Governor of each State in which the endangered species or threatened species is present, The Secretary (B) in paragraph (2)(A)(ii), by inserting , with the consent of the Governor of each State in which the endangered species or threatened species is present, , who (2) in subsection (b)— (A) by striking paragraph (3); (B) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively; (C) in paragraph (3) (as so redesignated), by striking paragraphs (5) and (6) of this subsection paragraphs (4) and (5) (D) in paragraph (5)(A) (as so redesignated), by striking paragraph (5)(A)(i) paragraph (4)(A)(i) (E) in paragraph (6) (as so redesignated), by striking paragraph (4), (5), or (6) of this subsection paragraph (3), (4), or (5) (F) by adding at the end the following: (8) Definition of best scientific and commercial data In this subsection, the term best scientific and commercial data ; (3) by striking subsection (c) and inserting the following: (c) Lists (1) Definition of joint resolution In this subsection, the term joint resolution That Congress approves the lists relating to endangered species and threatened species submitted by the Secretary of the Interior on ______. (2) Lists submitted to Congress The Secretary of the Interior shall submit to Congress— (A) a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be endangered species; and (B) a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be threatened species. (3) Congressional approval The lists described in paragraph (2) shall not take effect until a joint resolution described in paragraph (1) is enacted. (4) Contents of lists Each list described in paragraph (2) shall— (A) refer to the species included on the list by any scientific and common name; and (B) specify— (i) with respect to the species over what portion of the range of the species that the species is endangered or threatened; and (ii) any critical habitat within the range. (5) Publication The Secretary of the Interior shall publish in the Federal Register each list approved in accordance with paragraph (3). (6) Automatic removal (A) In general On the date that is 5 years after the date on which a joint resolution is enacted in accordance with this subsection, each species listed on a list approved by the joint resolution shall be removed from the list. (B) Petition for relisting (i) In general The Secretary of the Interior, in consultation with the Governor of each State in which the endangered species or threatened species is present, may submit to Congress a list that includes any species that was removed under subparagraph (A). (ii) Congressional approval The list described in clause (i) shall not take effect until a joint resolution described in paragraph (1) is enacted. ; (4) in subsection (d)— (A) in the first sentence, by striking Whenever any species Except as provided in subsection (j), whenever any species (B) in the second sentence, by striking The Secretary may Except as provided in subsection (j), the Secretary may (5) in subsection (f)(1), by striking The Secretary shall Except as provided in subsection (j), the Secretary shall (6) in subsection (g)— (A) in paragraph (1), by striking The Secretary shall Except as provided in subsection (j), the Secretary shall (B) in paragraph (2), by striking paragraph 7 of subsection (b) of this section subsection (b)(6) (7) in subsection (h)— (A) in the matter preceding paragraph (1), by striking The Secretary shall Except as provided in subsection (j), the Secretary shall (B) by striking paragraphs (1) and (2); and (C) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; (8) in subsection (i)— (A) by striking subsection (b)(5)(A)(ii) of this section subsection (b)(4)(A)(ii) (B) by striking or if the Secretary fails to adopt a regulation pursuant to an action petitioned by a State agency under subsection (b)(3), (C) by striking or petition (9) by adding at the end the following: (j) Intrastate endangered species or threatened species (1) Definitions In this subsection: (A) Governor of a State The term Governor of a State (B) Intrastate endangered species The term intrastate endangered species (C) Intrastate threatened species The term intrastate threatened species (2) Currently listed species (A) In general The Governor of a State may regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed before the date of enactment of this subsection. (B) Authority of Governor If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), the Governor of the State shall, with respect to the management of the intrastate endangered species or intrastate threatened species on any land within the State, have the exclusive authority to, in accordance with the purposes and policy of this Act— (i) promulgate or enforce any regulation or guidance; (ii) designate a critical habitat; (iii) issue a permit or license; (iv) develop or implement a recovery plan; and (v) establish any goal with respect to the recovery plan. (C) Applicable law The management described in subparagraph (B) shall be subject to the law of the State in which the land, including public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (3) Newly listed species (A) In general The Governor of a State may, before the Secretary or any other person, regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed on or after the date of enactment of this subsection. (B) Applicability If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), subparagraphs (B) and (C) of paragraph (2) shall apply. (C) Judicial review Any action by the Governor of a State under this subsection shall not be subject to judicial review in any court of the United States or in any State court. . 5. Cost accounting The Endangered Species Act of 1973 is amended by inserting after section 12 ( 16 U.S.C. 1541 12A. Cost accounting report (a) Definitions In this section: (1) Direct costs The term direct costs (A) Federal agency obligations related to the cost of any study; (B) capital, operation, maintenance, and replacement costs; and (C) staffing costs. (2) Indirect costs The term indirect costs (b) Cost of compliance (1) In general Except with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j), the Administrator of the Bonneville Power Administration, the Administrator of the Southeastern Power Administration, the Administrator of the Southwestern Power Administration, and the Administrator of the Western Area Power Administration shall each include in a monthly billing statement submitted to each customer of the respective Administration the share of the direct and indirect costs to the customer incurred by the Administration related to complying with this Act. (2) Assistance in identifying costs The Director of the Bureau of Reclamation shall assist the administrators described in paragraph (1) with identifying the costs described in that paragraph. (c) Report Not later than January 30 of each year, each of the administrators described in subsection (b)(1), in coordination with the Director of the Bureau of Reclamation, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report estimating the costs described in subsection (b)(1)— (1) with respect to the Western Area Power Administration, on a project-by-project basis; and (2) with respect to the each of the Administrations described in subsection (b)(1) (except the Western Power Administration), on a systemwide basis. 12B. Property rights (a) Determination of proposed use of real property (1) In general Any owner or lessee of any real property may submit to the Secretary of the Interior an application that includes any proposed use of the real property. (2) Determination (A) In general Not later than 90 days after the date on which the application described in paragraph (1) is submitted, the Secretary of the Interior shall submit to the owner or lessee in writing a determination as to whether the proposed use will violate any provision of this Act. (B) Failure to respond If the Secretary of the Interior fails to respond before the expiration of the 90-day period described in subparagraph (A), the proposed use shall be considered to not violate any provision of this Act. (3) Effect of determinations (A) Affirmative defense It is an affirmative defense to any civil penalty assessed under section 11 or to any civil action, civil suit, or prosecution brought under that section that the owner or lessee of real property reasonably relied on a determination, including a determination that resulted under paragraph (2)(B), that a proposed use will not violate any provision of this Act. (B) Compensation for unfavorable determinations If the Secretary of the Interior determines that a proposed use will violate a provision of this Act, the owner or lessee of the real property may seek compensation in accordance with subsection (b). (b) Compensation for agency actions (1) Definitions In this subsection: (A) Agency action (i) In general The term agency action (ii) Exclusion The term agency action (B) Lessee The term lessee (C) Owner The term owner (2) Compensation Except as provided in paragraph (3)(B), not later than 180 days after the date on which an agency action takes place, the Secretary shall pay an owner or lessee an amount equal to 150 percent of the fair market value of the real property determined in accordance with paragraph (3). (3) Determination of fair market value (A) In general The fair market value described in paragraph (2) shall be determined by 2 licensed independent appraisers of whom— (i) 1 shall be chosen by the Secretary; and (ii) 1 shall be chosen by the owner or lessee. (B) Failure to agree on fair market value (i) In general If the appraisers chosen under subparagraph (A) fail to agree on the same fair market value, the Secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value. (ii) Extension of time to make determination The licensed independent appraiser described in clause (i) shall determine the fair market value not later than 270 days after the date on which the agency action takes place. (C) Costs The Secretary shall be responsible for all costs relating to the determination of fair market value made under this paragraph. . 6. Penalties and enforcement Section 11(g)(4) of the Endangered Species Act ( 16 U.S.C. 1540(g)(4) attorney and 7. Conforming amendment Section 6(d)(1) of the Endangered Species Act ( 16 U.S.C. 1535(d)(1) the status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and

Endangered Species Management Self-Determination Act

Self-Insurance Protection Act - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to exclude from the definition of "health insurance coverage" a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses incurred in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy.

114 S775 IS: Self-Insurance Protection 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. 775 IN THE SENATE OF THE UNITED STATES March 18, 2015 Mr. Cassidy Mr. Alexander Mr. Isakson Mr. Rubio Mr. Burr Mr. Roberts Mr. Barrasso Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to exclude from the definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans. 1. Short title This Act may be cited as the Self-Insurance Protection Act 2. Certain medical stop-loss insurance obtained by certain plan sponsors of group health plans not included under the definition of health insurance coverage (a) PHSA Section 2791(b)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–91(b)(1) Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor. (b) ERISA Section 733(b)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(b)(1) Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor. (c) IRC Section 9832(b)(1)(A) Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor.

Self-Insurance Protection Act

Minimum Wage Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.20 an hour beginning on the first day of the sixth month after the enactment of this Act, (2) $9.15 an hour beginning one year after the date of such initial increase, (3) $10.10 an hour beginning two years after such date, and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) beginning three years after such date and annually thereafter. Increases the federal minimum wage for tipped employees to $3.00 an hour for one year beginning on the first day of the sixth month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the minimum wage for tipped employees until it equals 70% of the wage in effect under FLSA for other employees. Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website. Amends the Internal Revenue Code to extend through taxable years beginning before 2017: (1) the increase to $500,000 of the expensing allowance for business assets, including computer software; and (2) the treatment of qualified real property (i.e., leasehold improvement property, restaurant property, and retail improvement property) as depreciable business property.

113 S2223 PCS: Minimum Wage Fairness Act U.S. Senate 2014-04-09 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. 354 113th CONGRESS 2d Session S. 2223 IN THE SENATE OF THE UNITED STATES April 8, 2014 Mr. Harkin Mr. Merkley Mr. Reid Mr. Sanders Ms. Baldwin Mr. Murphy Mr. Markey Mr. Blumenthal Mrs. Gillibrand Mr. Casey Mr. Bennet Mr. Leahy Ms. Stabenow Mr. Schatz Mr. Booker Ms. Klobuchar Mr. Levin Mr. Heinrich Mrs. Boxer Mrs. Hagan Mr. Begich Ms. Heitkamp April 9, 2014 Read the second time and placed on the calendar A BILL To provide for an increase in the Federal minimum wage and to amend the Internal Revenue Code of 1986 to extend increased expensing limitations and the treatment of certain real property as section 179 property. 1. Short title This Act may be cited as the Minimum Wage Fairness Act 2. Minimum wage increases (a) Minimum wage (1) In general Section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) (1) except as otherwise provided in this section, not less than— (A) $8.20 an hour, beginning on the first day of the sixth month that begins after the date of enactment of the Minimum Wage Fairness Act (B) $9.15 an hour, beginning 1 year after that first day; (C) $10.10 an hour, beginning 2 years after that first day; and (D) beginning on the date that is 3 years after that first day, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h); . (2) Determination based on increase in the consumer price index Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 (h) (1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(D) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be— (A) not less than the amount in effect under subsection (a)(1) on the date of such determination; (B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and (C) rounded to the nearest multiple of $0.05. (2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively. . (b) Base minimum wage for tipped employees Section 3(m)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(1) (1) the cash wage paid such employee, which for purposes of such determination shall be not less than— (A) for the 1-year period beginning on the first day of the sixth month that begins after the date of enactment of the Minimum Wage Fairness Act (B) for each succeeding 1-year period until the hourly wage under this paragraph equals 70 percent of the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of— (i) $0.95; or (ii) the amount necessary for the wage in effect under this paragraph to equal 70 percent of the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and (C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals 70 percent of the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph remains equal to 70 percent of the wage in effect under section 6(a)(1), rounded to the nearest multiple of $0.05; and . (c) Publication of notice Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) ( 29 U.S.C. 206 (i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h) or required for tipped employees in accordance with subparagraph (B) or (C) of section 3(m)(1), as amended by the Minimum Wage Fairness Act . (d) Effective date The amendments made by subsections (a) and (b) shall take effect on the first day of the sixth month that begins after the date of enactment of this Act. 3. Extension of increased expensing limitations and treatment of certain real property as section 179 property (a) In general (1) Dollar limitation Section 179(b)(1) (A) by striking in 2010, 2011, 2012, or 2013 after 2009 and before 2017 (B) by striking 2013 2016 (2) Reduction in limitation Section 179(b)(2) of such Code is amended— (A) by striking in 2010, 2011, 2012, or 2013 after 2009 and before 2017 (B) by striking 2013 2016 (b) Computer software Section 179(d)(1)(A)(ii) 2014 2017 (c) Election Section 179(c)(2) of the Internal Revenue Code of 1986 is amended by striking 2014 2017 (d) Special rules for treatment of qualified real property (1) In general Section 179(f)(1) in 2010, 2011, 2012, or 2013 after 2009 and before 2017 (2) Carryover limitation (A) In general Section 179(f)(4) of such Code is amended by striking 2013 2016 (B) Conforming amendment The heading of subparagraph (C) of section 179(f)(4) of such Code is amended by striking 2010, 2011 and years before (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. April 9, 2014 Read the second time and placed on the calendar

Minimum Wage Fairness Act

Security Clearance Accountability, Reform, and Enhancement Act - (Sec. 3) Deems a federal agency employee to be unfit for federal employment if the agency determines that such employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct). Prohibits an individual who has engaged in covered misconduct from being appointed to or continuing to occupy a position that requires the performance of background investigations. Extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract). Requires a covered contract to include provisions requiring mandatory disclosure of covered misconduct within 24 hours after the contractor discovers such misconduct and referral to the agency for investigation. Requires the President to report to specified congressional committees on: (1) the number of individuals determined to be unfit for federal employment due to covered misconduct or ineligible to perform work under a covered contract; and (2) the details of such misconduct. (Sec. 4) Requires the President to: (1) review and update guidance to assist agencies in determining position sensitivity designation and the appropriate background investigation to initiate for each position designation; (2) review, not less frequently than every five years, and revise the position designation of positions within federal agencies; and (3) report on any issues identified and the number of position designations revised as a result of the review.

113 S1744 ES: Security Clearance Accountability, Reform, and Enhancement 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. 1744 IN THE SENATE OF THE UNITED STATES AN ACT To strengthen the accountability of individuals involved in misconduct affecting the integrity of background investigations, to update guidelines for position designation, and for other purposes. 1. Short title This Act may be cited as the Security Clearance Accountability, Reform, and Enhancement Act 2. Definitions In this Act— (1) the term agency (2) the term appropriate agency (A) in the case of a prime contractor for a covered contract, the agency with which the prime contractor entered the covered contract; or (B) in the case of a subcontractor for a covered contract, any agency on whose behalf the subcontractor is performing work under the covered contract; (3) the term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (4) the term background investigation (A) eligibility of a covered individual for logical and physical access to federally controlled facilities or information systems; (B) suitability or fitness of a covered individual for Federal employment; (C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or (D) fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee; (5) the term covered contract (A) between an agency and a prime contractor; (B) between a prime contractor and a subcontractor, if the prime contractor has a contract with an agency; or (C) between subcontractors, if one of the subcontractors has a contract with a prime contractor that has a contract with an agency; (6) the term covered individual (A) performs work for or on behalf of an agency; or (B) seeks to perform work for or on behalf of an agency; (7) the term covered misconduct (A) falsification of any information relating to a background investigation; or (B) other serious misconduct that compromises the integrity of a background investigation; (8) the term prime contractor (9) the term subcontractor 3. Accountability of individuals involved in misconduct affecting the integrity of agency background investigations (a) Misconduct by Federal employees (1) Unfit for Federal employment If an agency determines that an employee of the agency has engaged in covered misconduct, the employee shall be found unfit for Federal employment. (2) Fitness determinations An agency shall make a determination under paragraph (1) in accordance with any statutory, regulatory, or internal agency procedures applicable to investigating alleged misconduct by employees of the agency. (3) Prohibition on reemployment to conduct background investigations If an agency determines under paragraph (1) that an individual is unfit for Federal employment, the individual shall not be appointed to or continue to occupy a position, as an employee of any agency, that requires its occupant to perform background investigations. (b) Misconduct by employees under contract (1) Ineligibility for performance of work under a covered contract If an appropriate agency, prime contractor, or subcontractor determines that an individual performing work under a covered contract has engaged in covered misconduct, the individual shall be ineligible to perform background investigations under a covered contract. (2) Mandatory disclosure A covered contract shall include a provision requiring a prime contractor or subcontractor to disclose to each appropriate agency any allegation of covered misconduct by an employee of the prime contractor or subcontractor not later than 24 hours after the prime contractor or subcontractor discovers the alleged covered misconduct. (3) Investigation of covered misconduct (A) Contractor investigation A covered contract shall include a provision requiring that, not later than 5 business days after the date on which a prime contractor or subcontractor discloses an allegation under paragraph (2), the prime contractor or subcontractor shall refer the allegation of covered misconduct to the agency for investigation. (B) Agency investigation Nothing in subparagraph (A) shall be construed to prohibit an appropriate agency from conducting its own investigation into an allegation of covered misconduct. (4) Prohibition on reemployment to conduct background investigations If an appropriate agency determines, based on an investigation conducted under paragraph (3), that an individual is ineligible to perform work under a covered contract under paragraph (1), the individual shall be prohibited from performing background investigations under any covered contract. (5) Modification of existing contracts Not later than 30 days after the date of enactment of this Act, any covered contract that is in effect and was entered into before the date of enactment of this Act shall be modified to include the provisions required under paragraphs (2) and (3). (c) Reporting Not later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report providing— (1) the number of individuals determined to be— (A) unfit for Federal employment under subsection (a); or (B) ineligible to perform work under a covered contract under subsection (b); and (2) details of the covered misconduct that resulted in each determination described in paragraph (1). 4. Review and update of position designation guidance (a) Guidelines (1) Initial review and update of guidance Not later than 180 days after the date of enactment of this Act, the President shall review and, if appropriate, update the guidance the President issues to assist agencies in determining— (A) position sensitivity designation; and (B) the appropriate background investigation to initiate for each position designation. (2) Reviews and revisions of position designations Not less frequently than every 5 years, the President, acting through relevant agencies (as determined by the President) and in accordance with the guidance described in paragraph (1), shall review and, if necessary, revise the position designation of positions within agencies. (b) Reports to Congress Not later than 30 days after completing a review under subsection (a)(2), the President shall submit to the appropriate congressional committees a report on— (1) any issues identified in the review; and (2) the number of position designations revised as a result of the review. (c) No change in authority Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information. Passed the Senate December 15, 2014. Secretary

Security Clearance Accountability, Reform, and Enhancement Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Public Access to Public Land Guarantee Act - (Sec. 4) Directs the Department of the Interior or the Department of Agriculture (USDA) to enter into an agreement under which they may accept funds from the state or local government to reopen units of the National Park System, the National Wildlife Refuge System, or the National Forest System during any period in which Interior or USDA is unable to maintain normal level of operations at their units because of a lapse in appropriations. Requires Interior or USDA, as appropriate, to refund all amounts it provided under the agreement to the state or local government: (1) upon enactment of an Act retroactively appropriating amounts sufficient to maintain normal operating levels at the reopened units, or (2) on the date on which the state or local government establishes that Interior or USDA collected entrance or user fees for the units during the agreement period. Allows Interior or USDA to reimburse the state or local government voluntarily for any amounts it provided to the United States under the agreement if the refund requirements are not met.

113 S1750 RS: Public Access to Public Land Guarantee Act U.S. Senate 2013-11-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 635 113th CONGRESS 2d Session S. 1750 [Report No. 113–295] IN THE SENATE OF THE UNITED STATES November 20, 2013 Mr. Flake Mr. McCain Mr. Lee Mr. Hatch Committee on Energy and Natural Resources December 10, 2014 Reported by Ms. Landrieu A BILL To authorize the Secretary of the Interior or the Secretary of Agriculture to enter into agreements with States and political subdivisions of States providing for the continued operation, in whole or in part, of public land, units of the National Park System, units of the National Wildlife Refuge System, and units of the National Forest System in the State during any period in which the Secretary of the Interior or the Secretary of Agriculture is unable to maintain normal level of operations at the units due to a lapse in appropriations, and for other purposes. 1. Short title This Act may be cited as the Public Access to Public Land Guarantee Act 2. Findings Congress finds that— (1) public land in the United States is managed and administered for the use and enjoyment of present and future generations; (2) the National Park System (including National Parks, National Monuments, and National Recreation Areas) is managed for the benefit and inspiration of all the people of the United States; (3) the National Wildlife Refuge System is administered for the benefit of present and future generations of people in the United States, with priority consideration for compatible wildlife-dependent general public uses of the National Wildlife Refuge System; (4) the National Forest System is dedicated to the long-term benefit of present and future generations; and (5) the reopening and temporary operation and management of public land, the National Park System, the National Wildlife Refuge System, and the National Forest System using funds from States and political subdivisions of States during periods in which the Federal Government is unable to operate and manage the areas at normal levels due to a lapse in appropriations is consistent with the values and purposes for which those areas were established. 3. Definitions In this Act: (1) Covered unit The term covered unit (A) public land; (B) units of the National Park System; (C) units of the National Wildlife Refuge System; or (D) units of the National Forest System. (2) Public land The term public land public lands 43 U.S.C. 1702 (3) Secretary The term Secretary (A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. 4. Agreement to keep public land open during a government shutdown (a) In general Subject to subsection (b), if a State or political subdivision of the State offers, the Secretary shall enter into an agreement with the State or political subdivision of the State under which the United States may accept funds from the State or political subdivision of the State to reopen, in whole or in part, any covered unit within the State or political subdivision of the State during any period in which there is a lapse in appropriations for the covered unit. (b) Applicability The authority under subsection (a) shall only be in effect during any period in which the Secretary is unable to operate and manage covered units at normal levels, as determined in accordance with the terms of agreement entered into under subsection (a). (c) Refund The Secretary shall refund to the State or political subdivision of the State all amounts provided to the United States under an agreement entered into under subsection (a)— (1) on the date of enactment of an Act retroactively appropriating amounts sufficient to maintain normal operating levels at the covered unit reopened under an agreement entered into under subsection (a); or (2) on the date on which the State or political subdivision establishes, in accordance with the terms of the agreement, that, during the period in which the agreement was in effect, fees for entrance to, or use of, the covered units were collected by the Secretary. (d) Voluntary reimbursement If the requirements for a refund under subsection (c) are not met, the Secretary may, subject to the availability of appropriations, reimburse the State and political subdivision of the State for any amounts provided to the United States by the State or political subdivision under an agreement entered into under subsection (a). December 10, 2014 Reported without amendment

Public Access to Public Land Guarantee Act

Higher Education Access and Success for Homeless and Foster Youth Act - Amends the Higher Education Act of 1965 (HEA) to include local educational agency homeless liaisons, their designees, and the directors of other programs serving homeless youth among those who may identify individuals who are homeless or at risk of homelessness as unaccompanied youth and thereby independent for financial aid purposes. Frees financial aid administrators from being required to verify those determinations absent conflicting information. Requires the presumption, on the basis of those determinations and absent conflicting information, that students are independent in the years following their initial application for aid. Defines "foster care children and youth" for purposes of the HEA. Requires the Student Loan Ombudsman to receive, review, and resolve expeditiously, in consultation with knowledgeable parties, complaints regarding a student's independence as an orphan, foster child, ward of the court, or unaccompanied youth. Requires postsecondary schools participating in programs under title IV (Student Assistance) of the HEA to: designate a staff person as a single point of contact to assist homeless and foster care youth in accessing and completing postsecondary education; post public notice about the assistance available to those youth, including their eligibility as independent students; have a plan for how those youth can access housing resources during and between academic terms; and include questions in their admissions application regarding the applicant's status as a homeless or foster care youth. Requires grant recipients under the Federal TRIO programs to identify, recruit, and provide outreach and program services to homeless and foster care youth. (TRIO programs are designed to assist individuals from disadvantaged backgrounds in progressing through the academic pipeline from middle school to postbaccalaureate programs.) Requires the TRIO Talent Search, Upward Bound, Student Support Services, and Educational Opportunity Centers programs to review and revise their policies and practices to remove barriers to the participation and retention of homeless and foster care youth, including by allowing those youth to participate in the programs immediately even if they are unaccompanied by a parent or guardian or are unable to produce the records normally required for enrollment. Requires grant recipients under the Gaining Early Awareness and Readiness for Undergraduate programs (GEAR UP) to identify homeless and foster care youth and facilitate their participation in the programs. (GEAR UP programs are designed to facilitate the transition of low-income high school students into postsecondary education, including through the provision of scholarships.) Prohibits a state from charging homeless and foster care youth tuition for attending a public institution of higher education in the state at a rate that is greater than the rate charged for state residents. Requires institutions of higher education receiving grants for work-study programs to prioritize employment for students who are currently or formerly homeless or foster care youth. Excludes from a student's income, for purposes of determining his or her eligibility for student assistance under title IV of the HEA, the value of education and training vouchers and any payments made directly to foster care youth under part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act. Directs the Comptroller General to report to Congress within one year on the educational attainment of homeless and foster care youth.

114 S2267 IS: Higher Education Access and Success for Homeless and Foster Youth Act U.S. Senate 2015-11-10 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. 2267 IN THE SENATE OF THE UNITED STATES November 10, 2015 Mrs. Murray Mr. Casey Ms. Hirono Ms. Baldwin Mr. Booker Mr. Kaine Mr. Franken Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to improve the financial aid process for homeless children and youths and foster care children and youth. 1. Short title This Act may be cited as the Higher Education Access and Success for Homeless and Foster Youth Act 2. Definitions (a) Independent student Section 480(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(d) (1) in paragraph (1)(H)— (A) in the matter preceding clause (i)— (i) by striking during the school year in which the application is submitted (ii) by inserting age 23 or younger unaccompanied youth (iii) by striking terms are term is (B) in clause (i), by inserting , or a designee of the liaison Act (C) in clause (ii), by striking a program funded under the Runaway and Homeless Youth Act an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving homeless youth, (D) in clause (iii), by striking program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (relating to emergency shelter grants) Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program under chapter 1 or 2 of subpart 2 of part A, (2) by adding at the end the following: (3) Simplifying the determination process for unaccompanied youth (A) Verification A financial aid administrator shall accept a homelessness determination made by any individual authorized to make such determinations under clause (i), (ii), or (iii) of paragraph (1)(H) in the absence of conflicting information. A documented phone call with, or a written statement from, one of the authorized individuals is sufficient verification when needed. For purposes of this paragraph, a financial aid administrator's disagreement with the determination made by an authorized individual shall not be considered conflicting information. (B) Determination of independence A financial aid administrator shall make a determination of independence under paragraph (1)(H) if a student does not have, and cannot get, documentation from any of the other designated authorities described in such paragraph. This determination is based on the definitions outlined in paragraph (1)(H) and is distinct from a determination of independence under paragraph (1)(I). The determination may be based on a documented interview with the student if there is no written documentation available. A financial aid administrator shall limit such determination to whether the student meets the definitions in paragraph (1)(H) and shall not inquire about the reasons for the student's homelessness. (C) Timing; use of earlier determination (i) Timing A determination under paragraph (1)(H) for a student— (I) shall be made as quickly as practicable; (II) may be made as early as the year before the award year for which the student initially submits an application; and (III) shall be made no later than during the award year for which the student initially submits an application. (ii) Use of earlier determination Any student who is determined to be independent under paragraph (1)(H) for a preceding award year at an institution shall be presumed to be independent for a subsequent award year at the same institution unless— (I) the student informs the institution that circumstances have changed; or (II) the institution has specific conflicting information about the student’s independence, and has informed the student of this information and the opportunity to challenge such information through a documented interview or an impartial review by the Student Loan Ombudsman pursuant to section 141(f)(3)(C). . (b) Foster care children and youth Section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 (25) Foster care children and youth The term foster care children and youth (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. 42 U.S.C. 672 (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. . 3. Student loan ombudsman Section 141(f)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1018(f)(3) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (C) receive, review, and resolve expeditiously complaints regarding a student’s independence under subparagraph (B) or (H) of section 480(d)(1), in consultation with knowledgeable parties, including child welfare agencies, local educational agency liaisons for homeless children and youths designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) 42 U.S.C. 11432 . 4. Program participation agreements Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (1) in paragraph (19)— (A) by striking The institution will not The institution— (A) will not ; (B) inserting housing facilities, libraries, (C) by striking institution. institution; and (D) by adding at the end the following: (B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 677 of part E of title IV of the Social Security Act or delays attributable to the institution. ; (2) by adding at the end the following: (30) The institution certifies that the institution— (A) has designated an appropriate staff person, who may also be a coordinator for other programs, as a single point of contact to assist homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (B) posts public notice about student financial assistance and other assistance available to homeless children and youths and foster care children and youth, including their eligibility as independent students under subparagraphs (B) and (H) of sections 480(d)(1); (C) gives priority for any institutionally owned or operated housing facilities, including student housing facilities that remain open for occupation during school breaks or on a year-round basis, to— (i) homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (ii) youths who are unaccompanied, at risk of homelessness, and self-supporting; and (iii) foster care children and youth; (D) has developed a plan for how homeless children and youths, youths who are unaccompanied, at risk of homelessness, and self-supporting, and foster care children and youth can access housing resources during and between academic terms, through means that may include access to institutionally owned or operated housing during breaks and a list of housing resources in the community that provide short-term housing; and (E) has included, in its application for admission, questions (to be answered voluntarily) regarding the applicant’s status as a homeless child or youth or foster care child or youth, that— (i) can be answered by the applicant voluntarily for the limited purpose of being provided information about financial aid or any other available assistance; and (ii) explain the key terms in the question in a manner children and youth can understand in order to self-identify and declare eligibility as a homeless child or youth or foster care child or youth. . 5. Federal TRIO programs Section 402A of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 (1) in subsection (c)(6), by striking the last sentence and inserting the following: The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to foster care children and youth and homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (2) in subsection (f)(2), by striking college students, and college students, foster care children and youth, homeless children and youth, and 6. Talent search Section 402B(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–12(d) (1) in paragraph (3), by striking and (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to homeless children and youths and foster care children and youth as part of the project; and (7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding homeless children and youths and foster care children and youth. . 7. Upward bound Section 402C(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–13(e) (1) in paragraph (4), by striking and (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (6) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (7) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to homeless children and youths and foster care children and youth regarding the project; and (8) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding homeless children and youths and foster care children and youth. . 8. Student support services Section 402D(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–14(e) (1) in paragraph (5), by striking and (2) in paragraph (6)(B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (7) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (8) require that such entity submit, in the application for the project, a description of the activities that will be undertaken to reach out to homeless children and youths, and foster care children and youth, who are enrolled or accepted for enrollment at the institution; and (9) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding homeless children and youths and foster care children and youth. . 9. Educational opportunity centers Section 402F(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–16(c) (1) in paragraph (2), by striking and (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (6) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to homeless children and youths and foster care children and youth regarding the project; and (7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding homeless children and youths and foster care children and youth. . 10. Reports and evaluations Section 402H of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–18 (e) Report regarding homeless children and youths and foster care children and youth Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes— (1) data on the number of homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of homeless children and youths and foster care children and youth. . 11. Gaining early awareness and readiness for undergraduate programs Section 404C(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–23(a)(2) (1) in subparagraph (I), by striking and (2) in subparagraph (J), by striking the period at the end and inserting ; and (3) by adding at the end the following: (K) describe how the eligible entity will facilitate the participation of foster care children and youth and homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (i) how the eligible entity will identify foster care children and youth and homeless children and youths, in collaboration with child welfare agencies, homeless shelters, and local educational agency liaisons for homeless children and youths designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) (ii) how the eligible entity will collect and submit to the Secretary data on the number of homeless children and youths and foster care children and youth served; and (iii) the policies and practices the eligible entity will adopt to remove barriers to the participation of homeless children and youths and foster care children and youth, including policies to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement and policies consistent with the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. . 12. Grant for Federal work-study programs Section 443(b)(6) of the Higher Education Act of 1965 ( 42 U.S.C. 2753(b)(6) , and prioritize employment for students who are currently or formerly homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a thereof 13. Excludable income Section 480(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(e) (5) payments made and services provided under part E of title IV of the Social Security Act, including the value of vouchers for education and training made available under section 477 of such Act, and any payments made directly to the youth as part of an extended foster care program pursuant to such part E; and . 14. Consolidating questions regarding homeless status in FAFSA Section 483(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(a)(4) (C) Single question regarding homeless status The Secretary shall ensure that, on each form developed under this section for which the information is applicable, there is a single, easily understood screening question to identify an applicant for aid who is— (i) an unaccompanied homeless child or youth (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act); or (ii) an unaccompanied youth who is self-supporting and at risk of homelessness. . 15. In-State tuition rates for homeless children or youths and foster care children and youth Section 135 of the Higher Education Act of 1965 ( 20 U.S.C. 1015d (1) in the section heading, by inserting re children and youth children (2) in subsection (a)— (A) by striking (a) Requirement (a) Requirement (1) Armed forces In the case ; and (B) by adding at the end the following: (2) Homeless children or youths and foster care children or youth In the case of a homeless child or youth or a foster care child or youth, such State shall not charge such individual tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. ; and (3) by striking subsections (c) and (d) and inserting the following: (c) Effective date (1) Armed forces With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. (2) Homeless children or youths and foster care children or youth With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act (d) Definitions In this section: (1) Armed forces The terms armed forces active duty for a period of more than 30 days (2) Homeless children and youths The term homeless children and youths 42 U.S.C. 11434a .

Higher Education Access and Success for Homeless and Foster Youth Act

Pipeline Modernization and Consumer Protection Act - Requires each operator of a gas pipeline facility, in accordance with an integrity management program, if applicable, to accelerate the repair, rehabilitation, and replacement of gas piping or equipment that is leaking or may pose high risk of leaking. Requires each state regulatory authority and each nonregulated gas utility, in complying with such requirements, to: (1) develop prioritized timelines to repair or replace all leaking or high-risk piping or equipment, and (2) require use of best available technology to detect gas leaks. Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to issue non-binding best practices guidelines for identifying and classifying high-risk pipeline infrastructure and leaks for repair or replacement. Directs the Administrator and the heads of other applicable federal agencies to work jointly to establish and publish forms that adopt a standard definition and methodology for calculating and reporting information on the causes of unaccounted-for gas.

114 S1208 IS: Pipeline Modernization and Consumer Protection Act U.S. Senate 2015-05-06 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. 1208 IN THE SENATE OF THE UNITED STATES May 6, 2015 Mr. Markey Mr. Whitehouse Mr. Schatz Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to require gas pipeline facilities to accelerate the repair, rehabilitation, and replacement of high-risk pipelines used in commerce, and for other purposes. 1. Short title This Act may be cited as the Pipeline Modernization and Consumer Protection Act 2. Replacement programs for high-risk natural gas pipelines (a) Findings Congress finds that— (1) Federal requirements related to repairing pipeline leaks are limited to hazardous (2) there are no Federal requirements to address slower or less hazardous leaks, which can allow the leaks to persist unrepaired indefinitely; (3) in States without a standard definition and methodology for calculating unaccounted-for gas (the difference between the amount of gas purchased by a utility and the amount used or sold to customers), data inconsistencies may be pervasive and these inconsistencies hinder the ability of regulators to monitor gas system and utility performance; (4) the cost of leaked or otherwise unaccounted-for natural gas in the distribution system is typically passed on to ratepayers without limitation as an accepted cost of service, which removes financial incentive for utilities to minimize the leaks; (5) methane, the primary constituent of natural gas, is a greenhouse gas at least 20 times more potent than carbon dioxide; (6) according to the Pipeline and Hazardous Materials Safety Administration, the United States natural gas distribution system still includes 61,000 miles of bare steel pipe without adequate corrosion protection and 32,000 miles of cast iron pipe, which was installed beginning in the 1830s and can be prone to failure; (7) major recent pipeline explosions that led to human fatalities, including those in Austin, Texas, Philadelphia, Pennsylvania, and Allentown, Pennsylvania, have been traced to aging, leaking, and high-risk pipeline infrastructure; (8) natural gas distribution utilities may be discouraged from making capital expenditures for the replacement of leaking and failure-prone pipelines because traditional ratemaking structures may not allow for cost recovery on a timely basis; and (9) according to the Pipeline and Hazardous Materials Safety Administration, the natural gas pipeline replacement programs established as part of the ratemaking process in 27 States and the District of Columbia have played a vital role in enhancing public safety by better ensuring the prompt rehabilitation, repair, or replacement of high-risk natural gas distribution infrastructure. (b) Natural gas distribution companies (1) In general Chapter 601 section 60112 60112A. Replacement programs for high-risk natural gas pipelines (a) Definition of gas pipeline facility In this section, the term gas pipeline facility (1) a distribution facility; and (2) a gas utility. (b) In general Each operator of a gas pipeline facility shall, in accordance with an integrity management program required under section 60109 of this title, if applicable, accelerate the repair, rehabilitation, and replacement of gas piping or equipment that— (1) is leaking; or (2) may pose high risks of leaking, or may no longer be fit for service, because of— (A) inferior materials; (B) poor construction practices; (C) lack of maintenance; or (D) age. (c) Policy options (1) In general In complying with subsection (b), each State regulatory authority and each nonregulated gas utility shall consider— (A) developing prioritized timelines to repair all leaks based on the severity of the leak, including non-hazardous leaks, or replace identified leaking or high-risk piping or equipment, including leaks identified as part of an integrity management plan developed under section 192.1007 of title 49, Code of Federal Regulations, if applicable; (B) adopting a cost-recovery program that includes— (i) replacement plans with targets and benchmarks for leaking or high-risk infrastructure replacement; (ii) consideration of the economic, safety, and environmental benefits of reduced gas leakage, including consideration of reduced operation and maintenance costs and reduced costs attributable to lost or unaccounted-for natural gas; and (iii) reporting on the reductions in lost or unaccounted-for gas as a result of pipeline replacements; (C) adopting a standard definition and methodology for calculating and reporting unaccounted-for gas to improve data quality; (D) adopting limits on cost recovery for lost and unaccounted-for gas; and (E) requiring use of best available technology to detect gas leaks. . (2) Technical and conforming amendment The table of sections for chapter 601 section 60112 60112A. Replacement programs for high-risk natural gas pipelines. . (c) Non-Binding guidelines for identifying and classifying high-Risk pipeline infrastructure (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall, after consultation with State regulatory authorities, the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Federal Energy Regulatory Commission, and other appropriate Federal agencies, and after notice and opportunity for comment, issue non-binding guidelines identifying best practices under section 60112A of title 49, United States Code (as added by subsection (b)). (2) Preserving the integrity of actions already taken by State regulatory authorities In formulating guidelines under paragraph (1), the Administrator of the Pipeline and Hazardous Materials Safety Administration shall, to the extent practicable, preserve the integrity of, and be guided by, actions already taken by State regulatory authorities to ensure proper identification, classification, and timely repair of high-risk pipeline infrastructure and leaks, including actions taken after consideration of the standard under section 303(b)(6) of the Public Utility Regulatory Policies Act of 1978 ( 15 U.S.C. 3203(b)(6) (3) Revision of guidelines Not less frequently than once every 7 years, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall review and, as appropriate, revise the guidelines issued under paragraph (1) to reflect changes in the composition and safety performance of the pipeline infrastructure in the United States. 3. Data standardization (a) In general Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies shall, in consultation with State and local agencies under subsection (c), work jointly to establish and publish forms that adopt a standard definition and methodology for calculating and reporting unaccounted-for gas, including, when possible, information on the causes of unaccounted-for gas and the quantities associated with each cause, for use by applicable Federal agencies to standardize the data collected on unaccounted-for gas. (b) Administration In carrying out this section, the Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies may— (1) establish an interagency working group; and (2) enter into a memorandum of understanding. (c) Consultation with State and local agencies The Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies shall offer to work with State and local regulatory authorities to adopt a standard definition and methodology for calculating and reporting unaccounted-for gas to standardize the data collected by Federal, State, and local governments.

Pipeline Modernization and Consumer Protection Act

Pipeline Revolving Fund and Job Creation Act - Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to offer to enter into agreements to make capitalization grants, including letters of credit, to eligible states for the repair or replacement of natural gas distribution pipelines. Requires grant funds to be deposited into state revolving loan funds to provide loans or loan guarantees to: (1) facilitate compliance with an intended use plan, or (2) repair or replace those pipelines that have been identified as leak-prone. Prohibits the use of funds from loans or loan guarantees made by a state to repair or replace natural gas distribution pipelines unless all of the iron, steel, plastic, and manufactured goods used in the repair or replacement are produced in the United States (Buy America).

114 S1209 IS: Pipeline Revolving Fund and Job Creation Act U.S. Senate 2015-05-06 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. 1209 IN THE SENATE OF THE UNITED STATES May 6, 2015 Mr. Markey Mr. Whitehouse Mr. Schatz Committee on Commerce, Science, and Transportation A BILL To establish State revolving loan funds to repair or replace natural gas distribution pipelines. 1. Short title This Act may be cited as the Pipeline Revolving Fund and Job Creation Act 2. Definitions In this Act: (1) Administrator The term Administrator (2) State The term State (A) a State; and (B) the District of Columbia. (3) State loan fund The term State loan fund 3. State revolving loan funds (a) Grants to States To establish loan funds (1) In general The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to repair or replace natural gas distribution pipelines. (2) Eligibility To be eligible to receive a capitalization grant under this section, a State shall— (A) enter into a capitalization agreement with the Administrator under paragraph (1); and (B) establish a pipeline replacement revolving loan fund. (3) Deposit Funds granted to a State under this section shall be deposited in the State loan fund established by the State. (4) Period The funds granted to a State shall be available to the State for obligation during the fiscal year for which the funds are authorized and during the following fiscal year. (5) Allotment Funds made available to carry out this section shall be allotted to States at the discretion of the Administrator. (6) Reallotment Any funds not obligated by a State by the last day of the period for which the grants are available shall be reallotted in accordance with paragraph (5). (b) Use of funds (1) In general Amounts deposited in a State loan fund, including loan repayments and interest earned on the amounts, shall be used only for providing loans or loan guarantees or as a source of reserve and security for leveraged loans. (2) Limitations (A) In general Loans or loan guarantees made by a State under paragraph (1)— (i) may be used only for expenditures of a type or category that the Administrator has determined, through guidance, will— (I) facilitate compliance with a plan submitted under subsection (c); or (II) otherwise significantly further the replacement or repair of natural gas distribution pipelines that have been identified as leak-prone; and (ii) may not be used for the acquisition of real property or an interest in real property, unless the acquisition is— (I) integral to a plan submitted under subsection (c); and (II) from a willing seller. (B) Buying American (i) In general The Administrator shall ensure, through guidance, that, to the maximum extent practicable, none of the funds from a loan or loan guarantee made by a State under paragraph (1) are used to repair or replace natural gas distribution pipelines unless all of the iron, steel, plastic, and manufactured goods used in the repair or replacement are produced in the United States. (ii) Waiver Clause (i) shall not apply in any case or category of cases in which the Administrator finds that— (I) applying that clause would be inconsistent with the public interest; (II) iron, steel, plastic, or the applicable manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (III) inclusion of iron, steel, plastic, and manufactured goods produced in the United States will increase the cost of the overall repair or replacement by more than 25 percent. (iii) Publication If the Administrator determines that it is necessary to waive the application of clause (i) based on a finding under clause (ii), the Administrator shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (iv) Applicability This section shall be applied in a manner consistent with United States obligations under international agreements. (c) Intended use plans (1) In general After providing for public review and comment, each State that has entered into a capitalization agreement pursuant to this section shall annually prepare a plan that identifies the intended uses of the amounts available from the State loan fund of the State. (2) Contents An intended use plan shall include— (A) a list of the projects to be carried out by entities receiving the loans in the first fiscal year that begins after the date of the plan, including a description of the project; (B) the criteria and methods established for the use of funds; and (C) a description of the financial status of the State loan fund and the short- and long-term goals of the State loan fund. (3) List of projects Each State shall, after notice and opportunity for public comment, publish and periodically update a list of projects in the State that are eligible for assistance under this section, including the priority assigned to each project and, to the maximum extent practicable, the expected funding schedule for each project and, if possible, an estimate of expected reductions in greenhouse gas emissions for the project. (d) Fund management (1) In general Each State loan fund under this section shall be established, maintained, and credited with repayments and interest and the fund corpus shall be available in perpetuity in accordance with this section. (2) Investment authorized To the extent amounts in the fund are not required for current obligation or expenditure, the amounts shall be invested in interest bearing obligations. (e) State contributions Each capitalization agreement entered into pursuant to this section shall require that the State deposit in the State loan fund from State moneys an amount equal to not less than 20 percent of the total amount of the grant to be made to the State on or before the date on which the grant payment is made to the State. (f) Administration of State loan fund (1) In general Each State may annually use not greater than 4 percent of the funds allotted to the State under this section to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after the date of enactment of this Act. (2) Guidance and regulations The Administrator shall issue guidance and promulgate regulations as are necessary to carry out this section, including guidance and regulations— (A) to ensure that each State commits and expends funds allotted to the State under this section as efficiently as practicable in accordance with this section and applicable State law; (B) to prevent waste, fraud, and abuse; and (C) to ensure that the States receiving grants under this section use accounting, audit, and fiscal procedures that conform to generally accepted accounting standards. (3) State report Each State administering a State loan fund under this section shall submit to the Administrator a report every 2 years on the activities carried out under this section, including the findings of the most recent audit of the fund and the entire State allotment. (4) Audits The Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States pursuant to this section in accordance with procedures established by the Comptroller General of the United States. (g) Applicability of Federal law (1) In general The Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by this Act and contributed to a State loan fund established by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. (2) Authority With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. 4. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2016 through 2026. (b) Limitation Only sums appropriated pursuant to subsection (a) may be used to carry out this Act.

Pipeline Revolving Fund and Job Creation Act

ObamaCare Repeal Act - Repeals the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, effective as of their enactment. Restores provisions of law amended by such Acts.

114 S336 IS: ObamaCare Repeal 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. 336 IN THE SENATE OF THE UNITED STATES February 2, 2015 Mr. Cruz Mr. McConnell Mr. Cornyn Mr. Vitter Mr. Toomey Mr. Paul Mr. Barrasso Mr. Portman Mr. Isakson Mr. Scott Mr. Hatch Mr. Crapo Mr. Inhofe Mr. Wicker Mr. Perdue Ms. Ayotte Mr. Rubio Mr. Blunt Mr. Moran Mr. Coats Mrs. Fischer Mr. Grassley Mr. Lankford Mr. Flake Mrs. Ernst Mr. Daines Mr. Thune Mr. Cochran Mr. Boozman Mr. Burr Mr. Lee Mr. Gardner Mr. McCain Mr. Shelby Mr. Roberts Mr. Cotton Mr. Sasse Mr. Alexander Mr. Johnson Mr. Hoeven Mr. Rounds Mrs. Capito Mr. Tillis Mr. Graham Mr. Cassidy Ms. Murkowski Mr. Risch Mr. Sessions Committee on Finance A BILL To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 entirely. 1. Short title This Act may be cited as the ObamaCare Repeal Act 2. Repeal of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (a) Patient Protection and Affordable Care Act Effective on the date that is 180 days after the date of enactment of this Act, the Patient Protection and Affordable Care Act ( Public Law 111–148 (b) Health Care and Education Reconciliation Act of 2010 Effective on the date that is 180 days after the date of enactment of this Act, the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 3. Budgetary effects of this Act 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

ObamaCare Repeal Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Crooked River Collaborative Water Security Act of 2013 - (Sec. 2) Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires an applicant, in any application submitted to the Federal Energy Regulatory Commission (FERC) relating to hydropower development at Bowman Dam (including turbines and appurtenant facilities), to: (1) analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River that may be caused by development; (2) propose mitigation for such impacts; and (3) propose measures to ensure that any associated access facilities shall not impede the free-flowing nature of the River below the Dam. (Sec. 3) Requires 5,100 acre-feet of water to be released annually from the Crooked River federal reclamation project in Oregon to serve as mitigation for the city of Prineville groundwater pumping, pursuant to Oregon law. Directs the city to make payment to the Secretary of the Interior for such water in accordance with applicable Bureau of Reclamation policies, directives, and standards. Authorizes the Secretary, consistent with the National Environmental Policy Act of 1969 (NEPA), to contract exclusively with the city for additional amounts in the future at the city's request. (Sec. 4) Directs the Secretary, on a "first fill" priority basis, to store in, and when called for in any year, to release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) up to 2,740 acre feet of water annually to supply the McKay Creek land; (3) 10,000 acre feet of water annually to the North Unit Irrigation District or the contract holders, upon request, pursuant to Temporary Water Service Contracts; and (4) 5,100 acre-feet of water annually to mitigate the city's groundwater pumping, with the release of that water to occur not based on an annual call, but instead pursuant to the release required by this Act and the annual release schedule developed pursuant to this Act. Requires any water stored under this Act that is not called for and released by the end of the irrigation season to be: (1) carried over to the subsequent water year; and (2) accounted for as part of the "first fill" storage quantities of such water year, but not to exceed the maximum "first-fill" storage quantities described by this Act. Directs the Secretary to release from Prineville Reservoir all remaining stored water quantities consistent with this Act. Requires use of uncontracted stored water if a consultation under the Endangered Species Act of 1973 or an order of a court in a proceeding under that Act requires releases of stored water from Prineville Reservoir for fish and wildlife downstream of Bowman Dam. Directs the Commissioner of Reclamation to develop and implement annual release schedules for the remaining stored water quantities and the water that serves as mitigation for the city's groundwater pumping, consistent with the guidance provided by the Confederated Tribes of the Warm Springs Reservation of Oregon and the state of Oregon to maximize biological benefit for downstream fish and wildlife, after taking into consideration their multiyear water needs. Declares that any water stored in one water year that is not released during that year: (1) shall be carried over to the subsequent water year; (2) may be released for downstream fish and wildlife resources until the reservoir reaches maximum capacity; and (3) shall be credited, once maximum capacity is reached, to the first-fill storage quantities, but not to exceed the maximum "first-fill" storage quantities described by this Act. Directs the Commissioner to: (1) project reservoir water levels over the course of the year; and (2) make such projections available to the public, the Director of the National Marine Fisheries Service, and the Director of the United States Fish and Wildlife Service. (Sec. 5) Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Provides that upon discharge of the obligation for repayment of allocated construction costs, those lands shall not be subject to specified ownership and full-cost pricing limitations. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations. Modifies the District's reclamation contracts on approval of the District directors to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law; and (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, classify approximately 685 of such acres as irrigable, and provide the District with stored water from Prineville Reservoir for purposes of supplying those lands. (Sec. 6) Directs the Bureau of Reclamation to participate in management planning meetings every year with the state, the Confederated Tribes of the Warm Springs Reservation of Oregon, municipal, agricultural, conservation, recreation, and other interested stakeholders to plan for dry-year conditions. Authorizes the Secretary, in any year, to release any quantity of 10,000 acre-feet of specified water for the benefit of downstream fish and wildlife if the North Unit Irrigation District or other eligible Reclamation contract holders have not initiated contracting with the Bureau for any quantity of such water by June 1 of any year.

113 S1771 RS: Crooked River Collaborative Water Security Act of 2013 U.S. Senate 2013-11-21 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 Calendar No. 512 113th CONGRESS 2d Session S. 1771 [Report No. 113–225] IN THE SENATE OF THE UNITED STATES November 21, 2013 Mr. Merkley Mr. Wyden Committee on Energy and Natural Resources July 31, 2014 Reported by Ms. Landrieu A BILL To amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City of Prineville, Oregon, and for other purposes. 1. Short title This Act may be cited as the Crooked River Collaborative Water Security Act of 2013 2. Wild and scenic river; Crooked, Oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (72) Crooked, Oregon (A) In general The 14.75-mile segment from the National Grassland boundary to Dry Creek, to be administered by the Secretary of the Interior in the following classes: (i) The 7-mile segment from the National Grassland boundary to River Mile 8 south of Opal Spring, as a recreational river. (ii) The 7.75-mile segment from a point 1/4 (B) Hydropower In any license application relating to hydropower development (including turbines and appurtenant facilities) at Bowman Dam, the applicant, in consultation with the Director of the Bureau of Land Management, shall— (i) analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River from the center crest of Bowman Dam to a point 1/4 (ii) propose measures to minimize and mitigate any impacts analyzed under clause (i); and (iii) propose designs and measures to ensure that any access facilities associated with hydropower development at Bowman Dam shall not impede the free-flowing nature of the Crooked River below Bowman Dam. . 3. City of Prineville water supply Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954), is amended— (1) by striking during those months purpose of the project (2) by adding at the end the following: Without further action by the Secretary of the Interior, beginning on the date of enactment of the Crooked River Collaborative Water Security Act of 2013 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. 4. Additional provisions The Act entitled An Act to authorize construction by the Secretary of the Interior of the Crooked River Federal reclamation project, Oregon 6. First fill storage and release (a) In general Other than the 10 cubic feet per second release provided for in section 4, and subject to compliance with the flood curve requirements of the Corps of Engineers, the Secretary shall, on a first fill (1) 68,273 acre-feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011. (2) Not more than 2,740 acre-feet of water annually to supply the McKay Creek land, in accordance with section 5 of the Crooked River Collaborative Water Security Act of 2013 (3) 10,000 acre-feet of water annually, to be made available first to the North Unit Irrigation District, and subsequently to any other holders of Reclamation contracts existing as of January 1, 2011 (in that order), pursuant to Temporary Water Service Contracts, on the request of the North Unit Irrigation District or the contract holders, consistent with the same terms and conditions as prior such contracts between the Bureau of Reclamation and District or contract holders, as applicable. (4) 5,100 acre-feet of water annually to mitigate the City of Prineville groundwater pumping under section 4, with the release of this water to occur not based on an annual call, but instead pursuant to section 4 and the release schedule developed pursuant to section 7(c). (b) Carryover Except for water that may be called for and released after the end of the irrigation season (either as City of Prineville groundwater pumping mitigation or as a voluntary release, in accordance with section 4 of this Act and section 6(c) of the Crooked River Collaborative Water Security Act of 2013 (1) carried over to the subsequent water year, which, for accounting purposes, shall be considered to be the 1-year period beginning October 1 and ending September 30, consistent with Oregon State law; and (2) accounted for as part of the first fill first fill 7. Storage and release of remaining stored water quantities (a) Authorization (1) In general Other than the quantities provided for in section 4 and the first fill (2) Requirement The Secretary shall release the remaining stored water quantities under paragraph (1) consistent with subsection (c). (b) Applicable law If a consultation under the Endangered Species Act of 1973 (c) Annual release schedule (1) In general The Commissioner of Reclamation shall develop annual release schedules for the remaining stored water quantities in subsection (a) and the water serving as mitigation for City of Prineville groundwater pumping pursuant to section 4. (2) Guidance To the maximum extent practicable and unless otherwise prohibited by law, the Commissioner of Reclamation shall develop and implement the annual release schedules consistent with the guidance provided by the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon to maximize biological benefit for downstream fish and wildlife, after taking into consideration multiyear water needs of downstream fish and wildlife. (3) Comments from Federal fish management agencies The National Marine Fisheries Service and the United States Fish and Wildlife Service shall have the opportunity to provide advice with respect to, and comment on, the annual release schedule developed by the Commissioner of Reclamation under this subsection. (d) Required coordination The Commissioner of Reclamation shall perform traditional and routine activities in a manner that coordinates with the efforts of the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon to monitor and request adjustments to releases for downstream fish and wildlife on an in-season basis as the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon determine downstream fish and wildlife needs require. (e) Carryover (1) In general Any water stored under subsection (a) in 1 water year that is not released during the water year— (A) shall be carried over to the subsequent water year; and (B) (i) may be released for downstream fish and wildlife resources, consistent with subsections (c) and (d), until the reservoir reaches maximum capacity in the subsequent water year; and (ii) once the reservoir reaches maximum capacity under clause (i), shall be credited to the first fill first fill (f) Effect Nothing in this section affects the authority of the Commissioner of Reclamation to perform all other traditional and routine activities of the Commissioner of Reclamation. 8. Reservoir levels The Commissioner of Reclamation shall— (1) project reservoir water levels over the course of the year; and (2) make the projections under paragraph (1) available to— (A) the public (including fisheries groups, recreation interests, and municipal and irrigation stakeholders); (B) the Director of the National Marine Fisheries Service; and (C) the Director of the United States Fish and Wildlife Service. 9. Effect Except as otherwise provided in this Act, nothing in this Act— (1) modifies contractual rights that may exist between contractors and the United States under Reclamation contracts; (2) amends or reopens contracts referred to in paragraph (1); or (3) modifies any rights, obligations, or requirements that may be provided or governed by Federal or Oregon State law. . 5. Ochoco Irrigation District (a) Early repayment (1) In general Notwithstanding section 213 of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm district (2) Exemption from limitations Upon discharge, in full, of the obligation for repayment of the construction costs allocated to all land of the landowner in the district, the land shall not be subject to the ownership and full-cost pricing limitations of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. (b) Certification Upon the request of a landowner who has repaid, in full, the construction costs of the project facilities allocated to the land of the landowner within the district, the Secretary of the Interior shall provide the certification described in section 213(b)(1) of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm(b)(1) (c) Contract amendment On approval of the district directors and notwithstanding project authorizing authority to the contrary, the Reclamation contracts of the district are modified, without further action by the Secretary of the Interior— (1) to authorize the use of water for instream purposes, including fish or wildlife purposes, in order for the district to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon State law; (2) to include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, resulting in a total of approximately 44,937 acres within the district boundary; (3) to classify as irrigable approximately 685 acres within the approximately 2,742 acres of included land in the vicinity of McKay Creek, with those approximately 685 acres authorized to receive irrigation water pursuant to water rights issued by the State of Oregon if the acres have in the past received water pursuant to State water rights; and (4) to provide the district with stored water from Prineville Reservoir for purposes of supplying up to the approximately 685 acres of land added within the district boundary and classified as irrigable under paragraphs (2) and (3), with the stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the issuance of water rights by the State of Oregon for the use of stored water. (d) Limitation Except as otherwise provided in subsections (a) and (c), nothing in this section— (1) modifies contractual rights that may exist between the district and the United States under the Reclamation contracts of the district; (2) amends or reopens the contracts referred to in paragraph (1); or (3) modifies any rights, obligations, or relationships that may exist between the district and any owner of land within the district, as may be provided or governed by Federal or Oregon State law. 6. Dry-year management planning and voluntary releases (a) Participation in dry-Year management planning meetings The Bureau of Reclamation shall participate in dry-year management planning meetings with the State of Oregon, the Confederated Tribes of the Warm Springs Reservation of Oregon, municipal, agricultural, conservation, recreation, and other interested stakeholders to plan for dry-year conditions. (b) Dry-Year management plan (1) In general Not later than 3 years after the date of enactment of this Act, the Bureau of Reclamation shall develop a dry-year management plan in coordination with the participants referred to in subsection (a). (2) Requirements The plan developed under paragraph (1) shall only recommend strategies, measures, and actions that the irrigation districts and other Bureau of Reclamation contract holders voluntarily agree to implement. (3) Limitations Nothing in the plan developed under paragraph (1) shall be mandatory or self-implementing. (c) Voluntary release In any year, if North Unit Irrigation District or other eligible Bureau of Reclamation contract holders have not initiated contracting with the Bureau of Reclamation for any quantity of the 10,000 acre feet of water described in subsection (a)(3) of section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by section 4), by June 1 of any calendar year, with the voluntary agreement of North Unit Irrigation District and other Bureau of Reclamation contract holders referred to in that paragraph, the Secretary may release that quantity of water for the benefit of downstream fish and wildlife as described in section 7 of that Act. 7. Relation to existing laws and statutory obligations Nothing in this Act (or an amendment made by this Act)— (1) provides to the Secretary the authority to store and release the first fill (A) the potential instream use resulting from conserved water projects and temporary instream leasing as provided for in section 5(c)(1); (B) the potential release of additional amounts that may result from voluntary actions agreed to through the dry-year management plan developed under section 6(b); and (C) the potential release of the 10,000 acre feet for downstream fish and wildlife as provided for in section 6(c); (2) alters any responsibilities under Oregon State law or Federal law, including section 7 of the Endangered Species Act ( 16 U.S.C. 1536 (3) alters the authorized purposes of the Crooked River Project provided in the first section of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954). July 31, 2014 Reported without amendment

Crooked River Collaborative Water Security Act of 2013

Innovate America Act - Directs the Secretary of Education, in coordination with the Director of the National Science Foundation (NSF), to award grants, on a competitive basis, to state educational agencies to establish or expand the number of science, technology, engineering, and mathematics, including computer science (STEM) secondary schools in the United States from approximately 100 to approximately 200. Requires the Secretary, in coordination with the NSF Director, to: develop a database identifying existing STEM secondary schools, and study how to improve retention rates of students in STEM programs at institutions of higher education. Directs the President to ensure that at least 15% of all federal funds available each fiscal year for undergraduate research opportunities at 2-year and 4-year degree granting institutions of higher education are used to fund research opportunities for postsecondary students. Requires the NSF Director to administer a Technology Commercialization Awards Pilot Program through which promising technology advances derived from NSF research grants shall be eligible for funding. Amends the National Science Foundation Authorization Act of 2002 to extend the Robert Noyce Teacher Scholarship Program to cover specifically informatics and computer science. Directs the Secretary of Commerce to establish a manufacturing assistance program for small and medium-sized domestic manufacturers to promote the manufacturing of goods in the United States and enable them to be competitive in global markets. Requires the Under Secretary for International Trade of the Department of Commerce to report to Congress on the global competitiveness of 20 U.S. industries that export the most goods or services and the domestic and foreign regulatory and policy barriers to increasing their exports. Requires: (1) the Director of the Office of Management and Budget (OMB), beginning in FY2015, to devise a strategy to reduce overall government printing costs over a 10-year period; and (2) each federal department and agency to issue guidance on the appropriate use of award and incentive fees in their programs. Requires return to the Treasury of any funds intended to be awarded as incentive fees to contractors that are not paid owing to contractor inability to meet established criteria in this Act.

114 S894 IS: Innovate America Act U.S. Senate 2015-03-26 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. 894 IN THE SENATE OF THE UNITED STATES March 26, 2015 Ms. Klobuchar Mr. Hoeven Committee on Health, Education, Labor, and Pensions A BILL To support innovation, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Innovate America Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Education Sec. 101. Definitions. Sec. 102. Increasing funding for STEM secondary schools. Sec. 103. Report on STEM secondary schools. Sec. 104. Study and report on retaining STEM students. Sec. 105. Expanding undergraduate research opportunities. Sec. 106. Technology Commercialization Awards Pilot Program. Sec. 107. Computer science in the Robert Noyce teacher scholarship program. TITLE II—Manufacturing and export promotion Sec. 201. Manufacturing assistance program for small- and medium-sized manufacturers in the United States. Sec. 202. Removing barriers for exporting industries in the United States. TITLE III—Offsets Sec. 301. Limitation on Government printing costs. Sec. 302. Eliminating bonuses for poor performance by Government contractors. 2. Findings Congress finds the following: (1) Innovation has historically been a catalyzing force in the economy of the United States, driving the production of game-changing technologies, the creation of millions of jobs and the opening of countless new avenues for growth. In an increasingly competitive global economy, our Nation’s continued leadership and prosperity will hinge on progress in key innovative areas, most notably exporting, entrepreneurship, research and development, and education in science, technology, engineering, and mathematics (referred to in this section as STEM (2) Technology-based startups play a critical role in driving innovation. Increasing the flow of capital to these firms would bridge the gap that often exists between their initial startup costs and their long-term capital needs, giving the firms the resources necessary to research, develop, and commercialize new products. (3) Simplifying, expanding, and stabilizing the tax credits that businesses and institutions of higher education rely on to offset the cost of research and would promote greater clarity in the Internal Revenue Code of 1986 and deliver a powerful incentive for private sector innovation. (4) Increasing the emphasis on STEM education in high schools and institutions of higher education would ensure that more students have the skills and training to not only compete for jobs in a 21st century economy, but also to create the startup companies and revolutionary technologies that will sustain American prosperity for centuries to come. (5) The Bureau of Labor Statistics predicts that in the year 2020, of the 9,200,000 STEM jobs there will be in the United States, half of them will be in computing. With more than 150,000 job openings expected annually in computing, it is one of the fastest growing occupations in the United States. Increasing the teaching and learning of computer science in schools would strengthen the workforce of the United States by helping our students gain the skills and training necessary to fulfill new computer programming jobs. (6) An effective regulatory climate should protect consumers and promote transparency without overburdening the businesses that create jobs. Federal agencies with rulemaking authority should be vigilant in assessing the impact of new regulations on innovation and job creation, particularly in anchor industries like manufacturing. (7) The economic impact of a new product or technology is often dependent on its commercial success. To ensure American products can be bought and sold in markets around the world, the Federal Government should identify and remove over burdensome regulations that create barriers for United States exporting companies. I Education 101. Definitions In this title: (1) Director The term Director (2) Institution of higher education The term institution of higher education 20 U.S.C. 1001(a) (3) STEM The term STEM (4) STEM secondary school The term STEM secondary school (5) State educational agency The term State educational agency 20 U.S.C. 7801 102. Increasing funding for STEM secondary schools (a) Purpose The purpose of this section is to increase the number of STEM secondary schools in the United States from approximately 100 to approximately 200. (b) Program authorized (1) In general From amounts appropriated under subsection (e), the Secretary of Education, in coordination with the Director, shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to carry out the purposes of this section by establishing or expanding STEM secondary schools. (2) Geographic distribution The Secretary shall award grants under this section in a manner that ensures geographic diversity, including awarding grants to State educational agencies serving rural areas. (c) Application A State educational agency desiring to receive a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. (d) Use of funds A State educational agency receiving funds under this section shall use such funds to award subgrants, on a competitive basis, to local educational agencies in the State to enable the local educational agencies to establish and maintain new STEM secondary schools, which may include repurposing an existing secondary school to become a STEM secondary school. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2017 through 2026. 103. Report on STEM secondary schools (a) Database The Secretary of Education, in coordination with the Director, shall develop a database to identify existing STEM secondary schools. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Education, in coordination with the Director, shall submit a report to Congress with recommendations on how to replicate existing successful STEM secondary schools. 104. Study and report on retaining STEM students (a) In general The Director shall conduct a study, in coordination with the Secretary of Education, to make recommendations to Congress on how to improve retention rates of students in STEM programs at institutions of higher education. The study should include an analysis of existing successful retention programs at institutions of higher education. (b) Report Not later than 1 year after the date of enactment of this Act, the Director shall submit to Congress a report on the study conducted under subsection (a). 105. Expanding undergraduate research opportunities (a) In general Not later than June 1, 2017, the President shall ensure that not less than 15 percent of all Federal funds available for a fiscal year for undergraduate research opportunities at 2-year and 4-year degree-granting institutions of higher education shall be used to fund research opportunities for postsecondary students, with an emphasis on undergraduate research opportunities occurring during the first 2 academic years of postsecondary education. (b) Sense of Congress It is the sense of the Congress that each Federal agency should restructure the agency's undergraduate student research opportunities for students attending 2-year or 4-year degree-granting institutions of higher education, in order to provide more research opportunities for postsecondary students during the students' first 2 academic years of postsecondary education. (c) Identification of research programs Not later than December 31, 2016, the head of each Federal agency shall submit to the President— (1) a list of all programs and funds available for undergraduate student research under the jurisdiction of the agency; and (2) recommendations regarding how the agency can best fulfill the requirements of subsection (a). 106. Technology Commercialization Awards Pilot Program (a) In general The Director, through the Partnerships for Innovation Program of the National Science Foundation, shall administer a Technology Commercialization Awards Pilot Program through which promising technology advances derived from National Science Foundation research grants shall be eligible for follow-on funding— (1) to move the technology through prototype and demonstration phases; (2) for training for researcher participants in business plan development, technology transfer, and commercialization; and (3) for establishing start-up firms based on the technologies developed. (b) Competitive selection The Director shall— (1) seek from National Science Foundation offices and divisions recommendations on outstanding research funded by the National Science Foundation with clear promise that such research can be advanced close to commercialized in a 3- to 5-year period; (2) solicit applications from National Science Foundation award grantees who believe that they have qualifying technologies eligible for commercialization; and (3) award grants to such National Science Foundation award grantees based on a merit-based, competitive selection process. (c) Advisory Committee The Director shall form an Advisory Committee of experts on technology and the technology commercialization process to advise the National Science Foundation on the Technology Commercialization Awards Pilot Program. (d) Report Not later than 3 years after the first grant is awarded under this section, the Director shall— (1) report to the relevant committees of Congress on the results of the Technology Commercialization Awards Pilot Program; and (2) make recommendations on whether and how such a technology commercialization fund could be adopted by other Federal research and development agencies. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2017 through 2021. 107. Computer science in the Robert Noyce teacher scholarship program Section 10 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–1 (1) by striking and mathematics mathematics, informatics, and computer science (2) in subsection (b)(1)(D)(i), by striking or mathematics mathematics, informatics, or computer science (3) in subsection (c)— (A) in paragraph (1)(A), by striking or mathematics mathematics, informatics, or computer science (B) in paragraph (4), by striking mathematics or mathematics, informatics, computer science, or (4) in subsection (d)(4), by striking mathematics or mathematics, informatics, computer science, or (5) in subsection (i)— (A) in paragraph (5), by striking or mathematics mathematics, or computer science (B) in paragraph (7), by striking or mathematics, mathematics, informatics, or computer science, II Manufacturing and export promotion 201. Manufacturing assistance program for small- and medium-sized manufacturers in the United States (a) Definitions In this section: (1) Secretary The term Secretary (2) Small- and medium-sized domestic manufacturers The term small- and medium-sized domestic manufacturers (A) with not more than 500 employees; and (B) with facilities located in the United States that mechanically, physically, or chemically transform materials, substances, or components into new goods, including component parts. (b) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a manufacturing assistance program for small- and medium-sized domestic manufacturers for the purposes of promoting the manufacturing of goods in the United States and enabling those manufacturers to be competitive in the global economy by— (1) identifying and reducing regulatory burdens on those manufacturers under subsection (c); and (2) providing those manufacturers with information and other assistance under subsection (d). (c) Reduction of regulatory burdens The Secretary shall— (1) identify any regulatory requirements applicable to small- and medium-sized domestic manufacturers that— (A) impose an unnecessary burden on those manufacturers; and (B) may be eliminated or reduced in order to promote the manufacture of goods in the United States; (2) take appropriate action to eliminate or reduce the regulatory requirements identified under paragraph (1); and (3) not later than 1 year after the date on which the Secretary establishes the program required by subsection (b), submit to Congress a report that makes recommendations with respect to action by Congress that may be necessary to eliminate or reduce the regulatory requirements identified under paragraph (1). (d) Assistance The Secretary shall assist small- and medium-sized domestic manufacturers by providing those manufacturers with information with respect to— (1) how small- and medium-sized domestic manufacturers can comply efficiently with regulations applicable to those manufacturers; (2) recently proposed and recently prescribed regulations likely to have an effect on small- and medium-sized domestic manufacturers; and (3) how small- and medium-sized domestic manufacturers can express their views and provide input with respect to any policy developments relating to the manufacture of goods in the United States. (e) Report on effectiveness of program Not later than 2 years after the date of the enactment of this Act, the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology shall submit to Congress a report on the program established under subsection (b) that includes— (1) an assessment of the extent to which the program has been effective— (A) in identifying and reducing regulatory burdens on small- and medium-sized domestic manufacturers under subsection (c); (B) in providing information and other assistance to small- and medium-sized domestic manufacturers under subsection (d); and (C) in promoting the manufacturing of goods in the United States and enabling small- and medium-sized domestic manufacturers to be competitive in the global economy; (2) detailed information with respect to the nature, location, and duration of any jobs created as a result of the program established under subsection (b) and a description of the methodology used to compile that information; and (3) any recommendations with respect to continuing or improving the program established under subsection (b). (f) Authorization of appropriations There are authorized to be appropriated to the Secretary $15,000,000 for each of the fiscal years 2017 through 2021 to carry out the program established under subsection (b). 202. Removing barriers for exporting industries in the United States Not later than 180 days after the date of the enactment of this Act, the Under Secretary for International Trade of the Department of Commerce shall submit to Congress a report— (1) identifying the 20 industries in the United States that export the most goods or services; (2) evaluating the competitiveness of those industries in global markets compared to competitors manufacturing outside the United States; (3) identifying domestic regulatory and policy barriers to increasing exports by those industries; (4) identifying measures imposed by foreign governments that impede the access of those industries to foreign markets; and (5) making recommendations with respect to legislative action that could by taken by Congress to reduce barriers identified under paragraph (3) and improve the global competitiveness of those industries in foreign markets. III Offsets 301. Limitation on Government printing costs Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to— (1) determine which Government publications could be available on Government websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2017, except that the Director shall ensure that essential printed documents prepared for social security recipients, medicare beneficiaries, and other populations in areas with limited Internet access or use continue to remain available; (2) establish Governmentwide Federal guidelines on employee printing; (3) issue on the Office of Management and Budget's public website the results of a cost-benefit analysis on implementing a digital signature system and on establishing employee printing identification systems, such as the use of individual employee cards or codes, to monitor the amount of printing done by Federal employees; and (4) ensure that Federal employee printing costs unrelated to national defense, homeland security, border security, national disasters, and other emergencies do not exceed $860,000,000 annually. 302. Eliminating bonuses for poor performance by Government contractors (a) Guidance on linking of award and incentive fees to outcomes Not later than 180 days after the date of enactment of this Act, each Federal department or agency shall issue guidance, with detailed implementation instructions (including definitions), on the appropriate use of award and incentive fees in department or agency programs. (b) Elements The guidance under subsection (a) shall— (1) ensure that all new contracts using award fees link such fees to outcomes (which shall be defined in terms of program cost, schedule, and performance); (2) establish standards for identifying the appropriate level of officials authorized to approve the use of award and incentive fees in new contracts; (3) provide guidance on the circumstances in which contractor performance may be judged to be excellent or superior and the percentage of the available award fee which contractors should be paid for such performance; (4) establish standards for determining the percentage of the available award fee, if any, which contractors should be paid for performance that is judged to be acceptable, average, expected, good, or satisfactory; (5) ensure that no award fee may be paid for contractor performance that is judged to be below satisfactory performance or performance that does not meet the basic requirements of the contract; (6) provide specific direction on the circumstances, if any, in which it may be appropriate to roll over award fees that are not earned in one award fee period to a subsequent award fee period or periods; (7) ensure that the Department or agency— (A) collects relevant data on award and incentive fees paid to contractors; and (B) has mechanisms in place to evaluate such data on a regular basis; and (8) include performance measures to evaluate the effectiveness of award and incentive fees as a tool for improving contractor performance and achieving desired program outcomes. (c) Return of unearned bonuses Any funds intended to be awarded as incentive fees that are not paid due to contractors' inability to meet the criteria established by this section shall be returned to the Treasury.

Innovate America Act

Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013 - Directs the Consumer Product Safety Commission (CPSC) to establish a grant program to provide assistance to states that require compliant carbon monoxide alarms to be installed in dwelling units. Defines "compliant carbon monoxide alarm" as an alarm that complies with the American National Standard for Single and Multiple Station Carbon Monoxide Alarms as well as the American National Standard for Gas and Vapor Detectors and Sensors. Directs the CPSC, in selecting grant recipients, to give favorable consideration to states that: (1) require compliant alarms in specified facilities with fuel-burning appliances or attached garages, including educational facilities, childcare facilities, health care facilities, adult dependent care facilities, government buildings, restaurants, theaters, lodging establishments, or dwelling units; and (2) have strategies to protect vulnerable populations such as children, the elderly, or low-income households. Permits states receiving grants to use such funds to: (1) purchase and install such alarms in dwelling units of low-income families or elderly persons, childcare facilities, public schools, senior centers, or student dwelling units owned by public universities; (2) train state or local fire code enforcement officials regarding compliance and installation; and (3) educate the public about the risk of carbon monoxide poisoning. Authorizes appropriations for FY2015-FY2019 to carry out this Act. Requires the CPSC to submit reports to Congress regarding the implementation of the grant program.

113 S1793 RS: Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013 U.S. Senate 2013-12-10 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 Calendar No. 583 113th CONGRESS 2d Session S. 1793 [Report No. 113–269] IN THE SENATE OF THE UNITED STATES December 10, 2013 Ms. Klobuchar Mr. Casey Mr. Schumer Mr. Blumenthal Mr. Markey Mr. Nelson Mrs. Shaheen Committee on Commerce, Science, and Transportation November 12, 2014 Reported by Mr. Rockefeller Strike out all after the enacting clause and insert the part printed in italic A BILL To encourage States to require the installation of residential carbon monoxide detectors in homes, and for other purposes. 1. Short title This Act may be cited as the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013 2. Findings Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to un­healthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, in residential homes and other dwelling units kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation. 3. Definitions In this Act: (1) Carbon monoxide alarm The term carbon monoxide alarm (A) detects carbon monoxide; and (B) is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure. (2) Commission The term Commission (3) Compliant carbon monoxide alarm The term compliant carbon monoxide alarm (A) the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); and (B) the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075). (4) Dwelling unit The term dwelling unit (5) Fire code enforcement officials The term fire code enforcement officials (6) NFPA 720 The term NFPA 720 (A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and (B) any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. 4. Grant program for carbon monoxide poisoning prevention (a) In general Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States and local governments to carry out the carbon monoxide poisoning prevention activities described in subsection (d). (b) Eligibility To be eligible for a grant under the program, a State or local government shall— (1) demonstrate to the satisfaction of the Commission that the State or local government has adopted a statute, or the State or local government agency has adopted a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and (2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of the State or local government by the fire code enforcement officials for such State or local government. (c) Grant amount; priority The Commission shall determine the amount of the grants awarded under this section, and shall give priority to applications from States or local governments that— (1) prioritize the installation of compliant carbon monoxide alarms in existing dwelling units— (A) within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or (B) which has an attached garage; (2) have developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households; and (3) demonstrate greater than average losses of life from carbon monoxide poisoning in the home. (d) Use of funds A State receiving a grant under this section may use grant funds— (1) to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities; (2) to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning compliant carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (3) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and (4) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (e) Limitation on use of funds (1) Administrative costs Not more than 10 percent of any grant funds received under this section may be used to cover administrative costs not directly related to training described in subsection (d)(2). (2) Public outreach Not more than 25 percent of any grant funds received under this section may be used to cover costs of activities described in subsection (d)(4). (f) Authorization of appropriations (1) In general There is authorized to be appropriated to the Commission, for each of the fiscal years 2013 through 2017, $2,000,000, which shall remain available until expended to carry out this Act. (2) Retention of amounts Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2016, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act ( 15 U.S.C. 2051 (g) Commission report Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required by this section. 1. Short title This Act may be cited as the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013 2. Findings Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to un­healthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation. 3. Definitions In this Act: (1) Carbon monoxide alarm The term carbon monoxide alarm (A) detects carbon monoxide; and (B) is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure. (2) Commission The term Commission (3) Compliant carbon monoxide alarm The term compliant carbon monoxide alarm (A) the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); and (B) the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075). (4) Dwelling unit The term dwelling unit (5) Fire code enforcement officials The term fire code enforcement officials (6) NFPA 720 The term NFPA 720 (A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and (B) any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. (7) State The term State 15 U.S.C. 2052 4. Grant program for carbon monoxide poisoning prevention (a) In general Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States to carry out the carbon monoxide poisoning prevention activities described in subsection (e). (b) Eligibility For purposes of this section, an eligible State is any State that— (1) demonstrates to the satisfaction of the Commission that the State has adopted a statute or a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and (2) submits an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of the State by the fire code enforcement officials for such State. (c) Grant amount The Commission shall determine the amount of the grants awarded under this section. (d) Selection of grant recipients In selecting eligible States for the award of grants under this section, the Commission shall give favorable consideration to an eligible State that— (1) requires the installation of compliant carbon monoxide alarms in new or existing educational facilities, childcare facilities, health care facilities, adult dependent care facilities, government buildings, restaurants, theaters, lodging establishments, or dwelling units— (A) within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or (B) which has an attached garage; and (2) has developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households. (e) Use of grant funds (1) In general An eligible State receiving a grant under this section may use such grant— (A) to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities; (B) to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning compliant carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (C) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and (D) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (2) Limitations (A) Administrative costs Not more than 10 percent of any grant amount received under this section may be used to cover administrative costs not directly related to training described in paragraph (1)(B). (B) Public outreach Not more than 25 percent of any grant amount received under this section may be used to cover costs of activities described in paragraph (1)(D). (f) Authorization of appropriations (1) In general Subject to paragraph (2), there is authorized to be appropriated to the Commission, for each of the fiscal years 2015 through 2019, $2,000,000, which shall remain available until expended to carry out this Act. (2) Limitation on administrative expenses Not more than 10 percent of the amounts appropriated or otherwise made available to carry out this section may be used for administrative expenses. (3) Retention of amounts Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2019, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act ( 15 U.S.C. 2051 (g) Report Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required by this section. November 12, 2014 Reported with an amendment

Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013

New Skills for New Jobs Act - Directs the Secretary of the Treasury, on a quarterly basis, to make payments to an eligible community college in an amount equal to the aggregate new job tax withholding matches for qualified training provided to job trainees who are U.S. citizens. Defines "qualified training" as education or training to provide an individual with the education or skills necessary to perform the job for which such individual will be employed or with licenses or certificates necessary for such employment. Requires that any job for which a trainee is hired be a new job. Defines "eligible community college" as a public institution of higher education: (1) at which the majority of degrees awarded are two-year degrees that are acceptable for full credit toward a baccalaureate degree, (2) that is located in a state that has a state new jobs tax credit program in effect, and (3) that participates in such program by having in effect a contract that meets specified requirements of such program.

114 S2124 IS: New Skills for New Jobs Act U.S. Senate 2015-10-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 2124 IN THE SENATE OF THE UNITED STATES October 1, 2015 Ms. Stabenow Committee on Finance A BILL To establish a Federal tax credit approximation matching program for State new jobs training tax credits, and for other purposes. 1. Short title This Act may be cited as the New Skills for New Jobs Act 2. Federal matching payments for State new jobs training tax credits (a) Authority To make payments Subject to subsection (h), the Secretary of the Treasury shall, on a quarterly basis, make a payment to each eligible community college in an amount equal to the aggregate new job tax withholding matches for all eligible trainees with respect to such eligible community college for such quarter. (b) New job tax withholding match In the case of any quarter, the new job tax withholding match with respect to any eligible trainee is an amount equal to the amounts remitted as described in subsection (d)(1)(A) during such quarter with respect to such trainee by a participating employer. (c) Eligible community college For purposes of this section, the term eligible community college 20 U.S.C. 1001 (1) at which the majority of degrees awarded, for any academic year, are 2-year associate's degrees that are acceptable for full credit toward a baccalaureate degree, (2) that is located in a State that has a State new jobs training tax credit program in effect, and (3) that participates in such program by having in effect a contract that meets the requirements of subsection (d)(2). (d) State new jobs training tax credit program (1) Programs described For purposes of this section, the term State new jobs training tax credit program (A) the State income taxes withheld by the employer on behalf of the eligible trainee, once employed by the employer, to the extent they do not exceed the cost of qualified training specified in such contract, will not be remitted to the State in payment of income taxes, but will be remitted to the eligible community college, (B) the amounts so remitted will be treated in the hands of the eligible community college as payment for education provided by such community college, and (C) for purposes of determining the State income tax liability of the eligible trainee, the amounts so remitted will be treated as if they had been remitted to the State in payment of income taxes owed by the eligible trainee. (2) Qualified contract A contract meets the requirements of this paragraph if— (A) the contract is between an eligible community college located in the State that has the program described in paragraph (1) and an employer with at least 1 job site located in such State, (B) the contract meets all applicable requirements under such State program, (C) the contract provides that— (i) the eligible community college will directly provide qualified training to individuals designated by the employer or will contract with a provider of qualified training to provide such training to such individuals, (ii) the eligible community college will not charge tuition or fees to such individuals, (iii) the employer will hire such individuals for full-time employment at a job site located within the State, (iv) such individuals will be paid by the employer a wage that is not less than the greater of— (I) 175 percent of the Federal minimum wage, or (II) the amount specified under the State program, and (v) as provided under the State program, the employer will remit the State income taxes withheld by the employer on behalf of the individual to the community college in payment for the training, to the extent such taxes do not exceed the cost described in subparagraph (D), (D) the contract specifies the entire cost of the qualified training (including all costs for equipment or instructional materials) that will be provided to each individual, and (E) the cost and terms specified under subparagraph (D) are reasonable by market standards. (3) Qualified training For purposes of this section, the term qualified training (A) education or skills necessary to perform the job for which such individual will be employed, (B) education or skills necessary to obtain a license required under Federal, State, or local governmental regulation for the employment of the individual in the job for which such individual will be employed, (C) a certificate or credential which is required under Federal, State, or local governmental regulation for the employment of the individual in the job for which such individual will be employed, or (D) a certificate or credential aligned with national or regionally recognized industry standards determined appropriate by the State. (4) Job must be new job (A) In general A State program will not be treated as a State new jobs training tax credit program for purposes of this subsection unless the program provides that, in order to be eligible to participate, the employer must show with respect to each eligible trainee that such eligible trainee is hired for a job that— (i) is a new job (which, for purposes of this paragraph, may include a new position within an existing job category), and not a job of a recalled worker, a replacement job, or any other job that existed in the employer's business within the 1-year period preceding the date of hire, (ii) is not a job that existed in a business operation or substantially similar business operation of the employer formerly located in another location which was closed or substantially reduced by the employer, and (iii) results in a net increase in employment for the employer. (B) Only U.S. employees taken into account For purposes of subparagraph (A), only employees at job sites located in the United States (including the possessions of the United States) shall be taken into account. (5) Aggregation rules All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, (6) Cooperation with local workforce investment boards An employer or eligible community college participating in a State new jobs training tax credit program may work with local workforce development boards established under section 107 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122 (e) Eligible trainee For purposes of this section, the term eligible trainee (1) who received qualified training through an eligible community college pursuant to a contract that meets the requirements of subsection (d)(2), under a State new jobs training tax credit program, and (2) who is employed on a full-time basis, during the quarter for which payment is made under subsection (a), by the employer who was a party to such contract— (A) at a job site located in the same State as the eligible community college, (B) at a wage that meets the requirements of subsection (d)(2)(C)(iv), (C) in a job that meets the new job requirement of subsection (d)(4), and (D) in a job for which such qualified training is required, either by law or regulation or by the inherent requirements of the job. (f) Appropriation Out of any sums in the Treasury not otherwise appropriated, there are appropriated on an ongoing basis such sums as are necessary to carry out this section. (g) Remission of State income tax withholdings not treated as payments for training or education In the case of an employer, the amount of withheld State income tax which is remitted by the employer to an eligible community college as described in subsection (d)(1)(A) shall not be treated as an amount paid or incurred by the employer for purposes of any credit or deduction available under the Internal Revenue Code of 1986 to such employer, but shall be treated as if such amount had been remitted to the State in payment of income taxes owed by the employee. (h) Tax treatment of payments with respect to eligible trainee In the case of an eligible trainee, neither— (1) the amount of any withheld State income tax which is remitted by an employer to an eligible community college as described in subsection (d)(1)(A), nor (2) the amount of any payment made under subsection (a), shall be treated for purposes of the Internal Revenue Code of 1986 as income of the eligible trainee. For purposes of determining the deduction under section 164(a)(3) of such Code, amounts described in paragraph (1) shall be treated as amounts paid for State income taxes by the eligible trainee.

New Skills for New Jobs Act

STEM Gateways Act - Directs the Secretary of Education to award competitive grants to eligible entities for science, technology, engineering, and mathematics (STEM) elementary and secondary school programs for women and girls, underrepresented minorities, and individuals from all economic backgrounds. Requires those programs to be directed toward at least one of the following goals: encouraging the interest of elementary and secondary school students in the STEM fields; motivating the engagement of those students in the STEM fields by providing them with relevant hands-on learning opportunities; supporting classroom success in the STEM disciplines by elementary and secondary school students; supporting STEM workforce training and career preparation for secondary school students; and improving the access of secondary school students to STEM career and continuing education opportunities. Defines an "eligible entity" as: (1) a local educational agency (LEA); (2) an educational service agency serving more than one LEA; (3) a consortium of LEAs; (4) a nonprofit organization that works with elementary schools, secondary schools, or institutions of higher education and has shown a commitment to achieving the goals listed above; or (5) a community college working in partnership with secondary schools to create dual enrollment, credit transfer, or accelerated postsecondary credentialing opportunities.

114 S1183 IS: STEM Gateways Act U.S. Senate 2015-05-04 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. 1183 IN THE SENATE OF THE UNITED STATES May 4, 2015 Mrs. Gillibrand Mr. Heinrich Committee on Health, Education, Labor, and Pensions A BILL To increase the participation of women, girls, and underrepresented minorities in STEM fields, to encourage and support students from all economic backgrounds to pursue STEM career opportunities, and for other purposes. 1. Short title This Act may be cited as the STEM Gateways Act 2. Findings Congress finds the following: (1) According to a 2013 Census Bureau study, women’s representation in STEM occupations has increased since the 1970s, but women remain significantly underrepresented in engineering and computing occupations that make up more than 80 percent of all STEM employment. Women’s representation in computer occupations has declined since the 1990s. In 2011, 26 percent of STEM workers were women. According to the National Action Council for Minorities in Engineering, Inc., the number of engineering degrees awarded to African-American women has steadily declined since the late 1990s. (2) According to the Brookings Institution 2013 report, The Hidden STEM Economy 1/5 (3) According to a 2011 report by the Department of Commerce, underrepresented minorities account for only 3 out of 10 professionals in STEM fields. (4) STEM workers in all demographic groups earn more than their non-STEM counterparts. (5) According to the Afterschool Alliance 2014 report, America After 3pm 3. Grant program authorized (a) Program authorized From the amounts appropriated to carry out this section, the Secretary shall award grants to eligible entities, on a competitive basis, to enable such eligible entities to carry out programs described in subsection (d) to achieve, with respect to women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas), 1 or more of the following goals: (1) Encourage interest in the STEM fields at the elementary school or secondary school levels. (2) Motivate engagement in STEM fields by providing relevant hands-on learning opportunities at the elementary school and secondary school levels. (3) Support classroom success in STEM disciplines at the elementary school or secondary school levels. (4) Support workforce training and career preparation in STEM fields at the secondary school level. (5) Improve access to career and continuing education opportunities in STEM fields at the secondary school level. (b) Limitation The Secretary may award grants under this section for not longer than a 5-year period. (c) Application (1) In general Each eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) in the case of an eligible entity that plans to use the grant funds at the elementary school level— (i) a description of the programs the eligible entity will carry out to achieve 1 or more of the goals described in paragraphs (1) through (3) of subsection (a) at the elementary school level, including the content of the programs and research and models used to design the programs; and (ii) a description of how the programs described in clause (i) will support the success of women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) in STEM education, such as— (I) recruiting women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) to participate in the programs; (II) supporting educators who will lead the programs, and participants in the programs; (III) encouraging partnerships between in-school and out-of-school educators, such as afterschool providers, science centers, and museums; (IV) identifying public and private partners that are able to support the programs; and (V) planning for sustaining the programs financially beyond the grant period; and (B) in the case of an eligible entity that plans to use the grant funds at the secondary school level— (i) a description of the programs the eligible entity will carry out to achieve 1 or more of the goals described in paragraphs (1) through (5) of subsection (a) at the secondary school level, including the content of the programs and research and models used to design the programs; (ii) a description of how the programs described in clause (i) will support the success of women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) in STEM education and workforce training that prepares such individuals to take advantage of employment opportunities in STEM fields, such as— (I) recruiting women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) to participate in the programs; (II) supporting educators who will lead such programs, and participants in the programs; (III) identifying public and private partners that are able to support the programs; (IV) partnering with institutions of higher education or institutions providing informal science education, such as afterschool programs and science centers and museums; (V) partnering with institutions of higher education; and (VI) planning for sustaining the programs financially beyond the grant period; (iii) a review of the industry and business workforce needs, including the demand for workers with knowledge or training in a STEM field; and (iv) an analysis of job openings that require knowledge or training in a STEM field. (d) Use of funds (1) Required use of funds An eligible entity that receives a grant under this section shall use such grant funds to carry out programs to achieve 1 or more of the goals described in subsection (a) at the elementary school or secondary school levels, with respect to women and girls, underrepresented minorities, and students from all economic backgrounds (including economically disadvantaged individuals and students living in economically distressed areas). (2) Authorized use of funds The programs described in paragraph (1) may include any of the following activities, with respect to the individuals described in paragraph (1): (A) Carrying out the activities described in subparagraph(A)(ii) or B)(ii) of subsection (c)(2), as appropriate. (B) Providing professional development for teachers, afterschool providers, and other school personnel in elementary schools or secondary schools, including professional development to encourage, through academic instruction and support, such individuals to pursue advanced classes and careers in STEM fields. (C) Providing tutoring and mentoring programs in STEM fields. (D) Establishing partnerships with institutions of higher education, potential employers, and other industry stakeholders that expose such individuals to professionals in STEM fields, or providing opportunities for postsecondary academic credits or credentials. (E) Providing after-school activities and other informal learning opportunities designed to encourage interest and develop skills in STEM fields. (F) Providing summer programs to extend learning time and to deepen the skills and interest in STEM fields of such individuals. (G) Purchasing and utilizing— (i) educational or instructional materials that are designed to improve educational outcomes in STEM fields, and will serve to deepen the skills and interest in STEM fields of such individuals; or (ii) equipment, instrumentation, or hardware used to teach and encourage interest in STEM fields. (H) Internships or opportunities for experiential learning in STEM fields. (e) Report (1) Eligible entities Each eligible entity receiving a grant under this Act shall, on an annual basis, submit a report to the Secretary on the use of funds and the number of students who participated in the programs carried out with the grant funds. (2) Secretary The Secretary shall, on an annual basis, and using the reports received under paragraph (1), report to Congress on the overall impact and effectiveness of the grant program under this Act. 4. Definitions In this Act: (1) ESEA definitions The terms educational service agency elementary school local educational agency institution of higher education secondary school Secretary State 20 U.S.C. 7801 (2) Community college The term community college junior or community college 20 U.S.C. 1058 (3) Economically disadvantaged individual The term economically disadvantaged individual (4) Economically distressed area The term economically distressed area (5) Eligible entity The term eligible entity (A) a local educational agency; (B) an educational service agency serving more than 1 local educational agency; (C) a consortium of local educational agencies; (D) a nonprofit organization that— (i) works with elementary schools, secondary schools, or institutions of higher education; and (ii) has demonstrated a commitment to achieving the goals described in paragraphs (1) through (4) of section 3(a); or (E) a community college working in partnership with secondary schools to create opportunities for dual enrollment, credit transfer, or accelerated postsecondary credentialing. (6) Partners The term partners (7) STEM The term STEM (A) science, technology, engineering, and mathematics; and (B) other academic subjects that build on the subjects described in subparagraph (A), such as computer science. (8) Underrepresented minority The term underrepresented minority minority

STEM Gateways Act

Protecting Volunteer Firefighters and Emergency Responders Act - Amends the Internal Revenue Code to provide that a qualified emergency services volunteer shall not be counted in determining the number of full-time employees of an employer for the purpose of shared responsibility requirements for employers with respect to health coverage under the Patient Protection and Affordable Care Act. Defines "qualified emergency services volunteer" as a bona fide volunteer performing fire fighting and prevention services, emergency medical services, or ambulance services.

114 S420 IS: Protecting Volunteer Firefighters and Emergency Responders 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. 420 IN THE SENATE OF THE UNITED STATES February 10, 2015 Mr. Toomey Mr. Warner Mr. Manchin Mr. King Mr. Portman Mr. Cotton Mr. Coons Mr. Donnelly Ms. Murkowski Mr. Grassley Ms. Ayotte Mr. Kaine Mr. Flake Mr. Bennet Mr. Wicker Mr. Isakson Mr. Franken Ms. Heitkamp Mr. Tester Mr. Murphy Mr. Merkley Mr. Moran Mr. Scott Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to ensure that emergency services volunteers are not taken into account as employees under the shared responsibility requirements contained in the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Protecting Volunteer Firefighters and Emergency Responders Act 2. Emergency services, government, and certain nonprofit volunteers (a) In general Subsection (c) of section 4980H (5) Special rules for certain emergency services, government, and nonprofit volunteers (A) Emergency services volunteers Qualified services rendered as a bona fide volunteer to an eligible employer shall not be taken into account under this section as service provided by an employee. For purposes of the preceding sentence, the terms qualified services bona fide volunteer eligible employer (B) Certain other government and nonprofit volunteers (i) In general Services rendered as a bona fide volunteer to a specified employer shall not be taken into account under this section as service provided by an employee. (ii) Bona fide volunteer For purposes of this subparagraph, the term bona fide volunteer (I) reimbursement for (or reasonable allowance for) reasonable expenses incurred in the performance of services by volunteers, or (II) reasonable benefits (including length of service awards), and nominal fees, customarily paid by similar entities in connection with the performance of services by volunteers. (iii) Specified employer For purposes of this subparagraph, the term specified employer (I) any government entity, and (II) any organization described in section 501(c) and exempt from tax under section 501(a). (iv) Coordination with subparagraph (A) This subparagraph shall not fail to apply with respect to services merely because such services are qualified services (as defined in section 457(e)(11)(C)). . (b) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013.

Protecting Volunteer Firefighters and Emergency Responders Act

(This measure has not been amended since it was passed by the Senate on June 26, 2014. The summary of that version is repeated here.) Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program; (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs; and (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an "unresolved audit finding" as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials. Directs the Deputy Attorney General to submit an annual report to the Senate and House Judiciary Committees on all approved conference expenditures. Amends the Victims of Crime Act of 1984 to permit surplus amounts in the Crime Victims Fund to be used only for a Victim Notification System and for the U.S. Attorneys Offices and the Federal Bureau of Investigation (FBI) to provide and to improve services for the benefit of crime victims in the federal criminal justice system (current law) through victim coordinators, victims' specialists, and advocates, including for the administrative support of such coordinators and advocates.

S1799 ENR: Victims of Child Abuse Act Reauthorization 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. 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. 1799 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize subtitle A of the Victims of Child Abuse Act of 1990. 1. Short title This Act may be cited as the Victims of Child Abuse Act Reauthorization Act of 2013 2. Improving investigation and prosecution of child abuse cases (a) Reauthorization Section 214B of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13004 (1) in subsection (a), by striking fiscal years 2004 and 2005 fiscal years 2014, 2015, 2016, 2017, and 2018 (2) in subsection (b), by striking fiscal years 2004 and 2005 fiscal years 2014, 2015, 2016, 2017, and 2018 (b) Accountability Subtitle A of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13001 et seq. 214C. Accountability All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding (B) Audit The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (C) Mandatory Exclusion A recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. (D) Priority In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. (E) Reimbursement If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall— (i) deposit an amount equal to 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 fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph, the term nonprofit organization (B) Prohibition The Administrator may not award a grant under any grant program described in this subtitle 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 Each nonprofit organization that is awarded a grant under this subtitle 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 Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this subtitle may be used by the Administrator, 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 Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application 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 any 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 approved conference expenditures referenced in this paragraph. . 3. Crime victims fund Section 1402(d)(3) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10601(d)(3) (1) by inserting (A) Of the sums (2) by striking available for the United States Attorneys Offices (i) the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in 3771 of title 18, United States Code, and section 503 of the Victims’ Rights and Restitution Act of 1990 ( 42 U.S.C. 10607 (ii) a Victim Notification System. (B) Amounts made available under subparagraph (A) may not be used for any purpose that is not specified in clause (i) or (ii) of subparagraph (A). . Speaker of the House of Representatives Vice President of the United States and President of the Senate

Victims of Child Abuse Act Reauthorization Act of 2013

Bureau of Reclamation Transparency Act - Directs the Secretary of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to: (1) maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau); and (2) standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Requires such Report to include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. Directs the Secretary to: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding the condition of, and planned maintenance for, transferred works; and (2) develop and implement a categorical rating system for transferred works. 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 $2 million.

113 S1800 ES: Bureau of Reclamation Transparency 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. 1800 IN THE SENATE OF THE UNITED STATES AN ACT To require the Secretary of the Interior to submit to Congress a report on the efforts of the Bureau of Reclamation to manage its infrastructure assets. 1. Short title This Act may be cited as the Bureau of Reclamation Transparency Act 2. Findings Congress finds that— (1) the water resources infrastructure of the Bureau of Reclamation provides important benefits related to irrigated agriculture, municipal and industrial water, hydropower, flood control, fish and wildlife, and recreation in the 17 Reclamation States; (2) as of 2013, the combined replacement value of the infrastructure assets of the Bureau of Reclamation was $94,500,000,000; (3) the majority of the water resources infrastructure facilities of the Bureau of Reclamation are at least 60 years old; (4) the Bureau of Reclamation has previously undertaken efforts to better manage the assets of the Bureau of Reclamation, including an annual review of asset maintenance activities of the Bureau of Reclamation known as the Asset Management Plan (5) actionable information on infrastructure conditions at the asset level, including information on maintenance needs at individual assets due to aging infrastructure, is needed for Congress to conduct oversight of Reclamation facilities and meet the needs of the public. 3. Definitions In this Act: (1) Asset (A) In general The term asset (i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions The term asset (2) Asset Management Report The term Asset Management Report (A) the annual plan prepared by the Bureau of Reclamation known as the Asset Management Plan (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation. (3) Major repair and rehabilitation need The term major repair and rehabilitation need (4) Reclamation facility The term Reclamation facility (5) Reclamation project The term Reclamation project (6) Reserved works The term reserved works (7) Secretary The term Secretary (8) Transferred works The term transferred works 4. Asset management report enhancements for reserved works (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that— (1) describes the efforts of the Bureau of Reclamation— (A) to maintain in a reliable manner all reserved works at Reclamation facilities; and (B) to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and (2) expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b). (b) Infrastructure Maintenance Needs Assessment (1) In general The Asset Management Report submitted under subsection (a) shall include— (A) a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and (B) to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2) Inclusions To the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include— (A) a budget level cost estimate of the appropriations needed to complete each item; and (B) an assignment of a categorical rating for each item, consistent with paragraph (3). (3) Rating requirements (A) In general The system for assigning ratings under paragraph (2)(B) shall be— (i) consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and (ii) subject to the guidance and instructions issued under subparagraph (B). (B) Guidance As soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities. (4) Public availability Except as provided in paragraph (5), the Secretary shall make publically available, including on the Internet, the Asset Management Report required under subsection (a). (5) Confidentiality Subject to the discretion of the Secretary, the Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information. (c) Updates Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 5(b)(2). (d) Consultation The Secretary shall consult with the Secretary of the Army (acting through the Chief of Engineers) to the extent that the consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c). 5. Asset management report enhancements for transferred works (a) In general The Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to the condition of, and planned maintenance for, transferred works that are similar to the reporting requirements described in section 4(b). (b) Guidance (1) In general After considering input from water and power contractors of the Bureau of Reclamation, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for reserved works developed under section 4(b)(3). (2) Updates The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 4(c). 6. 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

Bureau of Reclamation Transparency Act

Student Loan Borrower Bill of Rights - Amends the Truth in Lending Act to require private educational lenders to disclose to borrowers at least 30 days before the first fully amortized payment on their loan is due: certain information concerning the terms of the loan, the date on which the first payment is due, the name of the lender and servicer and certain contact information, and a description of alternative repayment plans. Requires private educational lenders to disclose to borrowers who become 30 days delinquent on their loan: the date on which the loan will be charged-off or assigned to collections, including the consequences of those actions; the minimum payment that the borrower must make to avoid the loan being charged off or assigned to collection; the minimum payment that the borrower must make to bring the loan current; and a statement informing the borrower that paying less than the minimum could result in the loan being charged off or assigned to collection. Requires a private educational lender, when a borrower becomes 60 days delinquent or provides notice that he or she is having difficulty making payment, to: complete a full review of the loan and make a reasonable effort to determine if the borrower is eligible for an alternative repayment plan or servicemember or veteran benefits related to private education loans, inform the borrower about alternative repayment plans and benefits for which the borrower may be eligible, and give the borrower at least 30 days to apply for such a plan or benefit. Requires private educational lenders in all these situations to notify the borrower that a Servicemember and Veterans Liaison is available to answer inquiries about servicemember and veteran benefits related to private education loans. Provides that if such a borrower notifies a private educational lender that a long-term alternative repayment plan is not needed, the lender may provide the borrower with information about forbearance or deferment options instead. Requires lenders to establish a process that enables borrowers to provide such notice. Requires the Director of the Consumer Financial Protection Bureau (CFPB) to develop and issue model forms to allow borrowers to compare their private education loan repayment plan with alternative repayment plans and forbearance and deferment options. Establishes a student loan borrower bill of rights under the Truth in Lending Act and the Higher Education Act of 1965 (HEA). Imposes specified notification and payment transfer and receipt obligations on transferors and transferees of student loans if the transfer of those loans results in a change of the party to whom the borrower must direct communications or send payments. Prohibits student loan servicers from imposing late payment fees or finance charges on borrowers whose late payment is due to a change in the servicer's mailing address, office, or payment handling procedures. Requires private education loan servicers, absent alternative instructions from the borrower, to apply payments first to the interest and fees a borrower owes on the payment due date and then to the principal of the borrower's private education loan that bears the highest interest rate. Considers a private education loan to be rehabilitated if the borrower: (1) makes 9 payments of amounts owed on the loan within 20 days of the due date for 10 consecutive months, or (2) otherwise brings the loan current after it has been charged-off. Requires student loan servicers to: (1) designate an employee who is specially trained on servicemember and veteran benefits to act as the servicemember and veterans liaison responsible for answering inquiries from servicemembers and veterans, and (2) provide servicemembers and veterans with a toll-free number to access that liaison. Prohibits student loan lenders or servicers from charging-off or reporting a student loan as delinquent, assigned to collection, or charged-off to a credit reporting agency if the borrower is on active duty in a combat zone. Requires student loan servicers to make available to borrowers: (1) through a secure website or in writing upon request, their loan history; and (2) upon request and at no charge, copies of the original loan documents. Requires the Director of the CFPB to promulgate rules requiring student loan servicers to establish error resolution procedures. Requires consumer credit information that is required to be disclosed to borrowers under the Truth in Lending Act to be available at no charge to such borrowers. Requires the Director of the CFPB, under the HEA, to issue rules: (1) requiring lenders and servicers to contact borrowers who may be eligible to have their student loans discharged by the Secretary of Education and to provide them with information and a streamlined process for doing so, and (2) for the application of student loan payments in a manner that best benefits borrowers and is compatible with existing repayment options. Amends the Federal Family Education Loan (FFEL) program to require eligible lenders to provide borrowers, before repayment, when they are having difficulty making payments, and when they are delinquent, a statement that: (1) they may be entitled to servicemember and veteran benefits, and (2) a Servicemember and Veterans Liaison is available to answer their inquiries about those benefits. Requires eligible lenders, under the FFEL program, and the Secretary, under the William D. Ford Federal Direct Loan program, to inform borrowers of alternative repayment options and offer to enroll them in alternative repayment plans. Amends the Truth in Lending Act to require a lender, before issuing a private education loan for a student attending an institution of higher education (IHE), to obtain the IHE's certification of: (1) the student's enrollment status, (2) the student's cost of attendance, and (3) the difference between that cost and the student's estimated financial assistance. Eliminates the requirement that such lenders obtain a self-certification form from the private education loan applicant. Allows a lender to issue such a loan without a certification if the relevant IHE does not notify the lender, within 15 business days of the creditor's request for such certification, that it refuses to issue the certification or that it needs more time to comply with the request. Requires private educational lenders to: (1) send loan statements to borrowers at least once every three months a student is enrolled at an IHE; (2) notify the relevant IHE, in writing, of the loan amount and the student to whom it applies no later than the date funds are issued; and (3) submit an annual report to the CFPB containing information the CFPB requires concerning private student loans. Amends the HEA to require IHEs, before providing lenders with certifications or notice of their refusal to do so, to determine whether students have exhausted their options for assistance under title IV (Student Assistance) of the HEA and notify borrowers of: (1) the availability of such assistance, (2) their ability to choose their own private educational lender, (3) the impact of the proposed private education loan on their eligibility for other financial assistance, and (4) their right to accept or reject a private education loan within 30 days of the lender's approval of their application and to cancel the loan within 3 business days of its consummation. Prohibits an IHE from providing a private lender with a certification unless: (1) the loan provides the borrower with alternative repayment plans, including loan consolidation or refinancing; and (2) loan liability is cancelled upon the death or disability of the borrower or co-borrower. Treats lenders that receive a certification from an IHE as being in a preferred lender arrangement with that IHE.

114 S840 IS: Student Loan Borrower Bill of Rights 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. 840 IN THE SENATE OF THE UNITED STATES March 23, 2015 Mr. Durbin Mr. Reed Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To require certain protections for student loan borrowers, and for other purposes. 1. Short title This Act may be cited as the Student Loan Borrower Bill of Rights 2. Truth in Lending Act amendments The Truth in Lending Act ( 15 U.S.C. 1601 et seq. (1) in section 128 ( 15 U.S.C. 1638 (A) in subsection (e)— (i) in the subsection heading, by striking private (ii) in paragraph (1)(O), by striking paragraph (6) paragraph (9) (iii) in paragraph (2)(L), by striking paragraph (6) paragraph (9) (iv) in paragraph (4)(C), by striking paragraph (7) paragraph (10) (v) by redesignating paragraphs (5) through (11) as paragraphs (8) through (14), respectively; (vi) by inserting after paragraph (4) the following: (5) Disclosures before first fully amortized payment Not fewer than 30 days and not more than 150 days before the first fully amortized payment on a postsecondary education loan is due from the borrower, the postsecondary educational lender shall disclose to the borrower, clearly and conspicuously— (A) the information described in— (i) paragraph (2)(A) (adjusted, as necessary, for the rate of interest in effect on the date the first fully amortized payment on a postsecondary education loan is due); (ii) subparagraphs (B) through (G) of paragraph (2); (iii) paragraph (2)(H) (adjusted, as necessary, for the rate of interest in effect on the date the first fully amortized payment on a postsecondary education loan is due); (iv) paragraph (2)(K); and (v) subparagraphs (O) and (P) of paragraph (2); (B) the scheduled date upon which the first fully amortized payment is due; (C) the name of the lender and servicer, and the address to which communications and payments should be sent including a telephone number and website where the borrower may obtain additional information; (D) a description of alternative repayment plans, including loan consolidation or refinancing, and servicemember or veteran benefits under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) or other Federal or State law related to postsecondary education loans; and (E) a statement that a Servicemember and Veterans Liaison designated under paragraph (15)(I) is available to answer inquiries about servicemember and veteran benefits related to postsecondary education loans, including the toll-free telephone number to contact the Liaison pursuant to paragraph (15)(I). (6) Disclosures when borrower is 30 days delinquent Not fewer than 5 days after a borrower becomes 30 days delinquent on a postsecondary education loan, the postsecondary educational lender shall disclose to the borrower, clearly and conspicuously— (A) the date on which the loan will be charged-off (as defined in paragraph (15)(A)) or assigned to collections, including the consequences of such charge-off or assignment to collections, if no payment is made; (B) the minimum payment that the borrower must make to avoid the loan being charged off (as defined in paragraph (15)(A)) or assigned to collection, and the minimum payment that the borrower must make to bring the loan current; (C) a statement informing the borrower that a payment of less than the minimum payment described in subparagraph (B) could result in the loan being charged off (as defined in paragraph (15)(A)) or assigned to collection; and (D) a statement that a Servicemember and Veterans Liaison designated under paragraph (15)(I) is available to answer inquiries about servicemember and veteran benefits related to postsecondary education loans, including the toll-free telephone number to contact the Liaison pursuant to paragraph (15)(I). (7) Disclosures when borrower is having difficulty making payment or is 60 days delinquent (A) In general Not fewer than 5 days after a borrower notifies a postsecondary educational lender that the borrower is having difficulty making payment or a borrower becomes 60 days delinquent on a postsecondary education loan, the postsecondary educational lender shall— (i) complete a full review of the borrower’s postsecondary education loan and make a reasonable effort to obtain the information necessary to determine— (I) if the borrower is eligible for an alternative repayment plan, including loan consolidation or refinancing; and (II) if the borrower is eligible for servicemember or veteran benefits under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) or other Federal or State law related to postsecondary education loans; (ii) provide the borrower, in writing, in simple and understandable terms, information about alternative repayment plans and benefits for which the borrower is eligible, including all terms, conditions, and fees or costs associated with such repayment plan, pursuant to paragraph (8)(D); (iii) allow the borrower not less than 30 days to apply for an alternative repayment plan or benefits, if eligible; and (iv) notify the borrower that a Servicemember and Veterans Liaison designated under paragraph (15)(I) is available to answer inquiries about servicemember and veteran benefits related to postsecondary education loans, including the toll-free telephone number to contact the Liaison pursuant to paragraph (15)(I). (B) Forbearance or deferment If a borrower notifies the postsecondary educational lender that a long-term alternative repayment plan is not appropriate, the postsecondary educational lender may comply with this paragraph by providing the borrower, in writing, in simple and understandable terms, information about short-term options to address an anticipated short-term difficulty in making payments, such as forbearance or deferment options, including all terms, conditions, and fees or costs associated with such options pursuant to paragraph (8)(D). (C) Notification process (i) In general Each postsecondary educational lender shall establish a process, in accordance subparagraph (A), for a borrower to notify the lender that— (I) the borrower is having difficulty making payments on a postsecondary education loan; and (II) a long-term alternative repayment plan is not needed. (ii) Consumer financial protection bureau requirements The Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Education, shall promulgate rules establishing minimum standards for postsecondary educational lenders in carrying out the requirements of this paragraph and a model form for borrowers to notify postsecondary educational lenders of the information under this paragraph. ; (vii) in paragraph (8), as redesignated by clause (v), by adding at the end the following: (D) Model disclosure form for alternative repayment plans, forbearance, and deferment options Not later than 2 years after the date of enactment of the Student Loan Borrower Bill of Rights (i) The total amount to be paid over the life of the loan. (ii) The total amount in interest to be paid over the life of the loan. (iii) The monthly payment amount. (iv) The expected pay-off date. (v) Related fees and costs. (vi) Eligibility requirements, and how the borrower can apply for the alternative repayment plan, forbearance, or deferment option. (vii) Any relevant consequences due to action or inaction, such as default, including any actions that would result in the loss of eligibility for alternative repayment plans, forbearance, or deferment options. ; (viii) in paragraph (11), as redesignated by clause (v), by striking paragraph (7) paragraph (10) (ix) by striking paragraph (13), as redesignated by clause (v), and inserting the following: (13) Definitions In this subsection— (A) the terms covered educational institution private educational lender private education loan (B) the term postsecondary education loan (i) a private education loan; or (ii) a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ; (x) in paragraph (14), as redesignated by clause (v), by striking paragraph (5) paragraph (8) (xi) by adding at the end the following: (15) Student loan borrower bill of rights (A) Definitions In this paragraph: (i) Borrower The term borrower (ii) Charge off The term charge off (iii) Qualified written request (I) In general The term qualified written request (aa) includes, or otherwise enables the student loan servicer to identify, the name and account of the borrower; and (bb) includes, to the extent applicable— (AA) sufficient detail regarding the information sought by the borrower; or (BB) a statement of the reasons for the belief of the borrower that there is an error regarding the account of the borrower. (II) Correspondence delivered to other addresses (aa) In general A written correspondence of a borrower is a qualified written request if the written correspondence is transmitted to and received by a student loan servicer at a mailing address, facsimile number, email address, or website address other than the address or number designated by that student loan servicer to receive communications from borrowers but the written correspondence meets the requirements under items (aa) and (bb) of subclause (I). (bb) Duty to transfer A student loan servicer shall, within a reasonable period of time, transfer a written correspondence of a borrower received by the student loan servicer at a mailing address, facsimile number, email address, or website address other than the address or number designated by that student loan servicer to receive communications from borrowers to the correct address or appropriate office or other unit of the student loan servicer. (cc) Date of receipt A written correspondence of a borrower transferred in accordance with item (bb) shall be deemed to be received by the student loan servicer on the date on which the written correspondence is transferred to the correct address or appropriate office or other unit of the student loan servicer. (iv) Servicer The term servicer (v) Servicing The term servicing (I) receiving any scheduled periodic payments from a borrower pursuant to the terms of a postsecondary education loan; (II) making the payments of principal and interest and such other payments with respect to the amounts received from the borrower, as may be required pursuant to the terms of the loan; and (III) performing other administrative services with respect to the loan. (B) Sale, transfer, or assignment If the sale, other transfer, assignment, or transfer of servicing obligations of a postsecondary education loan results in a change in the identity of the party to whom the borrower must send subsequent payments or direct any communications concerning the loan— (i) the transferor shall— (I) notify the borrower, in writing, in simple and understandable terms, not fewer than 45 days before transferring a legally enforceable right to receive payment from the borrower on such loan, of— (aa) the sale or other transfer, assignment, or transfer of servicing obligations; (bb) the identity of the transferee; (cc) the name and address of the party to whom subsequent payments or communications must be sent; (dd) the telephone numbers and websites of both the transferor and the transferee; (ee) the effective date of the sale, transfer, or assignment; (ff) the date on which the transferor will stop accepting payment; and (gg) the date on which the transferee will begin accepting payment; and (II) forward any payment from a borrower with respect to such postsecondary education loan to the transferee, immediately upon receiving such payment, during the 60-day period beginning on the date on which the transferor stops accepting payment of such postsecondary education loan; and (ii) the transferee shall— (I) notify the borrower, in writing, in simple and understandable terms, not fewer than 45 days before acquiring a legally enforceable right to receive payment from the borrower on such loan, of— (aa) the sale or other transfer, assignment, or transfer of servicing obligations; (bb) the identity of the transferor: (cc) the name and address of the party to whom subsequent payments or communications must be sent; (dd) the telephone numbers and websites of both the transferor and the transferee; (ee) the effective date of the sale, transfer, assignment, or transfer of servicing obligations; (ff) the date on which the transferor will stop accepting payment; and (gg) the date on which the transferee will begin accepting payment; (II) accept as on-time and may not impose any late fee or finance charge for any payment from a borrower with respect to such postsecondary education loan that is forwarded from the transferor during the 60-day period beginning on the date on which the transferor stops accepting payment, if the transferor receives such payment on or before the applicable due date, including any grace period; (III) provide borrowers a simple, online process for transferring existing electronic fund transfer authority; and (IV) honor any promotion or benefit offered to the borrower or advertised by the previous owner or transferor of such postsecondary education loan. (C) Material change in mailing address or procedure for handling payments If a servicer makes a change in the mailing address, office, or procedures for handling payments with respect to any postsecondary education loan, and such change causes a delay in the crediting of the account of the borrower made during the 60-day period following the date on which such change took effect, the servicer may not impose any late fee or finance charge for a late payment on such postsecondary education loan. (D) Application of payments (i) In general Unless otherwise directed by the borrower of a postsecondary education loan, upon receipt of a payment, the servicer shall apply amounts first to the interest and fees owed on the payment due date, and then to the principal balance of the postsecondary education loan bearing the highest annual percentage rate, and then to each successive interest and fees and then principal balance bearing the next highest annual percentage rate, until the payment is exhausted. A borrower may instruct or expressly authorize the servicer to apply payments in a different manner. (ii) Application of excess amounts Unless otherwise directed by the borrower of a postsecondary education loan, upon receipt of a payment, the servicer shall apply amounts in excess of the minimum payment amount first to the interest and fees owed on the payment due date, and then to the principal balance of the postsecondary education loan balance bearing the highest annual percentage rate, and then to each successive interest and fees and principal balance bearing the next highest annual percentage rate, until the payment is exhausted. A borrower may instruct or expressly authorize the servicer to apply such excess payments in a different manner. A borrower may also voluntarily increase the periodic payment amount, including by increasing their recurring electronic payment, with the right to return to their original amortization schedule at any time. Servicers shall provide a simple, online method to allow borrowers to make voluntary one-time additional payments, voluntarily increase the amount of their periodic payment, and return to their original amortization schedule. (iii) Apply payment on date received Unless otherwise directed by the borrower of a postsecondary education loan, a servicer shall apply payments to a borrower’s account on the date the payment is received. (iv) Promulgation of rules The Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Education, may promulgate rules for the application of postsecondary education loan payments that— (I) implements the requirements in this section; (II) minimizes the amount of fees and interest incurred by the borrower and the total loan amount paid by the borrower; (III) minimizes delinquencies, assignments to collection, and charge-offs; (IV) requires servicers to apply payments on the date received; and (V) allows the borrower to instruct the servicer to apply payments in a manner preferred by the borrower, including excess payments. (v) Method that best benefits borrower In promulgating the rules under clause (iv), the Director of the Bureau of Consumer Financial Protection shall choose the application method that best benefits the borrower and is compatible with existing repayment options. (E) Late fees (i) In general A late fee may not be charged to a borrower for a postsecondary education loan under any of the following circumstances, either individually or in combination: (I) On a per-loan basis when a borrower has multiple postsecondary education loans in a billing group. (II) In an amount greater than 4 percent of the amount of the payment past due. (III) Before the end of the 15-day period beginning on the date the payment is due. (IV) More than once with respect to a single late payment. (V) The borrower fails to make a singular, non-successive regularly-scheduled payment on the postsecondary education loan. (ii) Coordination with subsequent late fees No late fee may be charged to a borrower for a postsecondary education loan relating to an insufficient payment if the payment is made on or before the due date of the payment, or within any applicable grace period for the payment, if the insufficiency is attributable only to a late fee relating to an earlier payment, and the payment is otherwise a full payment for the applicable period. (F) Rehabilitation of loans If a borrower of a private education loan successfully and voluntarily makes 9 payments within 20 days of the due date during 10 consecutive months of amounts owed on the private education loan, or otherwise brings the private education loan current after the loan is charged-off, the loan shall be considered rehabilitated, and the lender or servicer shall request that any consumer reporting agency to which the charge-off was reported remove the delinquency that led to the charge-off and the charge-off from the borrower’s credit history. (G) Borrower inquiries (i) Duty of student loan servicers to respond to borrower inquiries (I) Notice of receipt of request If a borrower of a postsecondary education loan submits a qualified written request to the student loan servicer for information relating to the student loan servicing of the postsecondary education loan, the student loan servicer shall provide a written response acknowledging receipt of the qualified written request within 5 business days unless any action requested by the borrower is taken within such period. (II) Action with respect to inquiry Not later than 30 business days after the receipt from a borrower of a qualified written request under subclause (I) and, if applicable, before taking any action with respect to the qualified written request of the borrower, the student loan servicer shall— (aa) make appropriate corrections in the account of the borrower, including the crediting of any late fees, and transmit to the borrower a written notification of such correction (which shall include the name and toll-free or collect-call telephone number of a representative of the student loan servicer who can provide assistance to the borrower); (bb) after conducting an investigation, provide the borrower with a written explanation or clarification that includes— (AA) to the extent applicable, a statement of the reasons for which the student loan servicer believes the account of the borrower is correct as determined by the student loan servicer; and (BB) the name and toll-free or collect-call telephone number of an individual employed by, or the office or department of, the student loan servicer who can provide assistance to the borrower; or (cc) after conducting an investigation, provide the borrower with a written explanation or clarification that includes— (AA) information requested by the borrower or explanation of why the information requested is unavailable or cannot be obtained by the student loan servicer; and (BB) the name and toll-free or collect-call telephone number of an individual employed by, or the office or department of, the student loan servicer who can provide assistance to the borrower. (III) Limited extension of response time (aa) In general There may be 1 extension of the 30-day period described in subclause (II) of not more than 15 days if, before the end of such 30-day period, the student loan servicer notifies the borrower of the extension and the reasons for the delay in responding. (bb) Reports to bureau Each student loan servicer shall, on an annual basis, report to the Bureau the aggregate number of extensions sought by the student loan servicer under item (aa). (ii) Protection of credit information During the 60-day period beginning on the date on which a student loan servicer receives a qualified written request from a borrower relating to a dispute regarding payments by the borrower, a student loan servicer may not provide negative credit information to any consumer reporting agency (as defined in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a (H) Single point of contact for certain borrowers A student loan servicer shall designate an office or other unit of the student loan servicer to act as a point of contact regarding postsecondary education loans for— (i) a borrower who is not less than 60 days delinquent under the postsecondary education loan; (ii) a borrower who seeks information regarding, seeks to enter an agreement for, or seeks to resolve an issue under a repayment option that requires subsequent submission of supporting documentation; and (iii) a borrower who seeks to modify the terms of the repayment of the postsecondary education loan because of hardship. (I) Servicemembers, veterans, and postsecondary education loans (i) Servicemember and veterans liaison Each servicer shall designate an employee to act as the servicemember and veterans liaison who is responsible for answering inquiries from servicemembers and veterans, and is specially trained on servicemember and veteran benefits under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) and other Federal or State laws related to postsecondary education loans. (ii) Toll-free telephone number Each servicer shall maintain a toll-free telephone number that shall— (I) connect directly to the servicemember and veterans liaison designated under clause (i); and (II) be made available on the primary internet website of the servicer and on monthly billing statements. (iii) Prohibition on charge offs and default A lender or servicer may not charge off or report a postsecondary education loan as delinquent, assigned to collection (internally or by referral to a third party), in default, or charged-off to a credit reporting agency if the borrower is on active duty in the Armed Forces (as defined in section 101(d)(1) of title 10, United States Code) serving in a combat zone (as designated by the President under section 112(c) (iv) Additional liaisons The Secretary shall determine additional entities with whom borrowers interact, including guaranty agencies, that shall designate an employee to act as the servicemember and veterans liaison who is responsible for answering inquiries from servicemembers and veterans and is specially trained on servicemembers and veteran benefits and option under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). (J) Borrower's loan history (i) In general A servicer shall make available through a secure website, or in writing upon request, the loan history of each borrower for each postsecondary education loan, separately designating— (I) payment history; (II) loan history, including any forbearances, deferrals, delinquencies, assignment to collection, and charge offs; (III) annual percentage rate history; and (IV) key loan terms, including application of payments to interest, principal, and fees, origination date, principal, capitalized interest, annual percentage rate, including any cap, loan term, and any contractual incentives. (ii) Original documentation A servicer shall make available to the borrower, if requested, at no charge, copies of the original loan documents and the promissory note for each postsecondary education loan. (K) Error resolution The Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Education, shall promulgate rules requiring servicers to establish error resolution procedures to allow borrowers to inquire about errors related to their postsecondary education loans and obtain timely resolution of such errors. (L) Additional servicing standards The Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Education, may establish additional servicing standards to reduce delinquencies, assignment to collections, defaults, and charge-offs, and to ensure borrowers understand their rights and obligations related to their postsecondary education loans. (M) Arbitration (i) Waiver of rights and remedies Any rights and remedies available to borrowers against servicers may not be waived by any agreement, policy, or form, including by a predispute arbitration agreement. (ii) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable by a servicer, including as a third-party beneficiary or by estoppel, if the agreement requires arbitration of a dispute with respect to a postsecondary education loan. This subparagraph applies to predispute arbitration agreements entered into before the date of enactment of the Student Loan Borrower Bill of Rights (N) Enforcement The provisions of this paragraph shall be enforced by the agencies specified in subsections (a) through (d) of section 108, in the manner set forth in that section or under any other applicable authorities available to such agencies by law. (O) Preemption Nothing in this paragraph may be construed to preempt any provision of State law regarding postsecondary education loans where the State law provides stronger consumer protections. (P) Civil liability A servicer that fails to comply with any requirement imposed under this paragraph shall be deemed a creditor that has failed to comply with a requirement under this chapter for purposes of liability under section 130 and such servicer shall be subject to the liability provisions under such section, including the provisions under paragraphs (1), (2)(A)(i), (2)(B), and (3) of section 130(a). (Q) Eligibility for discharge The Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Education, shall promulgate rules requiring lenders and servicers of loans described in paragraph (13)(B)(ii) to— (i) identify and contact borrowers who may be eligible for student loan discharge by the Secretary; (ii) provide the borrower, in writing, in simple and understandable terms, information about obtaining such discharge; and (iii) create a streamlined process for eligible borrowers to apply for and receive such discharge. ; and (B) by adding at the end the following: (g) Information To be available at no charge The information required to be disclosed under this section shall be made available at no charge to the borrower. ; and (2) in section 130(a)— (A) in paragraph (3), by striking 128(e)(7) 128(e)(10) (B) in the flush matter at the end, by striking or paragraph (4)(C), (6), (7), or (8) of section 128(e), or paragraph (4)(C), (9), (10), or (11) of section 128(e), 3. Student loan information by eligible lenders Section 433 of the Higher Education Act of 1965 ( 20 U.S.C. 1083 (1) in subsection (b)— (A) in paragraph (12), by striking and (B) in paragraph (13), by striking the period at the end and inserting ; and (C) by adding at the end the following: (14) a statement that— (A) the borrower may be entitled to servicemember and veteran benefits under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) and other Federal or State laws; and (B) a Servicemember and Veterans Liaison designated under section 128(e)(15)(I)(i) of the Truth in Lending Act ( 15 U.S.C. 1638(e)(15)(I)(i) ; and (2) in subsection (e)— (A) in paragraph (2), by adding at the end the following: (D) A statement that— (i) the borrower may be entitled to servicemember and veteran benefits under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) and other Federal or State laws; and (ii) a Servicemember and Veterans Liaison designated under section 128(e)(15)(I)(i) of the Truth in Lending Act ( 15 U.S.C. 1638(e)(15)(I)(i) ; and (B) in paragraph (3), by adding at the end the following: (F) A statement that— (i) the borrower may be entitled to servicemember and veteran benefits under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) and other Federal or State laws; and (ii) a Servicemember and Veterans Liaison designated under section 128(e)(15)(I)(i) of the Truth in Lending Act ( 15 U.S.C. 1638(e)(15)(I)(i) . 4. Know before you owe (a) Amendments to the Truth in Lending Act (1) In general Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) (A) by striking paragraph (3) and inserting the following: (3) Institutional certification required (A) In General Except as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education where such loan is to be used for a student, such institution's certification of— (i) the enrollment status of the student; (ii) the student's cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965; and (iii) the difference between— (I) such cost of attendance; and (II) the student's estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 and other financial assistance known to the institution, as applicable. (B) Exception Notwithstanding subparagraph (A), a creditor may issue funds, not to exceed the amount described in subparagraph (A)(iii), with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution’s certification if such institution fails to provide within 15 business days of the creditor’s request for such certification— (i) notification of the institution's refusal to certify the request; or (ii) notification that the institution has received the request for certification and will need additional time to comply with the certification request. (C) Loans Disbursed Without Certification If a creditor issues funds without obtaining a certification, as described in subparagraph (B), such creditor shall report the issuance of such funds in a manner determined by the Director of the Bureau of Consumer Financial Protection. ; and (B) by adding at the end the following: (16) Provision of information (A) Provision of Information to Students (i) Loan Statement A creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education. (ii) Contents of Loan Statement Each statement described in clause (i) shall— (I) report the borrower's total remaining debt to the creditor, including accrued but unpaid interest and capitalized interest; (II) report any debt increases since the last statement; and (III) list the current interest rate for each loan. (B) Notification of loans disbursed without certification On or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Bureau of Consumer Financial Protection. (C) Annual Report A creditor that issues funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Bureau of Consumer Financial Protection containing the required information about private student loans to be determined by the Bureau of Consumer Financial Protection, in consultation with the Secretary of Education. . (2) Definition of Private Education Loan Section 140(a)(7)(A) of the Truth in Lending Act ( 15 U.S.C. 1650(a)(7)(A) (A) by redesignating clause (ii) as clause (iii); (B) in clause (i), by striking and (C) by adding after clause (i) the following: (ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. . (3) Regulations Not later than 365 days after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall issue regulations in final form to implement paragraphs (3) and (16) of section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) (b) Amendments to the Higher Education Act of 1965 (1) Program participation agreements Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (28) (A) Upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act ( 15 U.S.C. 1638(e)(3) (i) provide such certification to such private educational lender— (I) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution; (II) of such student's cost of attendance at the institution as determined under part F of this title; and (III) of the difference between— (aa) the cost of attendance at the institution; and (bb) the student's estimated financial assistance received under this title and other assistance known to the institution, as applicable; (ii) notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request; or (iii) provide notice to the private educational lender of the institution’s refusal to certify the private education loan under subparagraph (D). (B) With respect to a certification request described in subparagraph (A), and prior to providing such certification under subparagraph (A)(i) or providing notice of the refusal to provide certification under subparagraph (A)(iii), the institution shall— (i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and (ii) provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: (I) The availability of, and the borrower’s potential eligibility for, Federal financial assistance under this title, including disclosing the terms, conditions, interest rates, and repayment options and programs of Federal student loans. (II) The borrower's ability to select a private educational lender of the borrower's choice. (III) The impact of a proposed private education loan on the borrower's potential eligibility for other financial assistance, including Federal financial assistance under this title. (IV) The borrower’s right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a borrower’s application and about a borrower’s 3-day right to cancel period. (C) For purposes of this paragraph, the terms private educational lender 15 U.S.C. 1650 (D) (i) An institution shall not provide a certification with respect to a private education loan under this paragraph unless the private education loan includes terms that provide— (I) the borrower alternative repayment plans, including loan consolidation or refinancing; and (II) that the liability to repay the loan shall be cancelled upon the death or disability of the borrower or co-borrower. (ii) In this paragraph, the term disability . (2) Effective date The amendment made by paragraph (1) shall take effect on the effective date of the regulations described in subsection (a)(3). (3) Preferred lender arrangement Section 151(8)(A)(ii) of the Higher Education Act of 1965 ( 20 U.S.C. 1019(8)(A)(ii) certifying, promoting, (c) Report Not later than 24 months after the issuance of regulations under subsection (a)(3), the Director of the Bureau of Consumer Financial Protection and the Secretary of Education shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act ( 15 U.S.C. 1638(e) 20 U.S.C. 1094(a) 5. Marketing limitation Section 456 of the Higher Education Act of 1965 ( 20 U.S.C. 1087f (c) Limitation on contracts for the servicing of loans A servicer may not market to the borrower of a student loan made, insured, or guaranteed under this title which the servicer services, a financial product or service using data obtained through the servicing relationship, or otherwise during the servicing process. . 6. Servicer choice Section 456 of the Higher Education Act of 1965 ( 20 U.S.C. 1087f (d) Switching servicers The Secretary shall establish a program that allows a borrower of a loan made under this part after the date of enactment of the Student Loan Borrower Bill of Rights . 7. Centralized point of access Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 493E. Centralized point of access Not later than 2 years after the date of enactment of the Student Loan Borrower Bill of Rights . 8. Report on student loan servicers Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Education, shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Education and the Workforce of the House of Representatives on private and Federal student loan servicers, including— (1) any legislative recommendations to improve student loan servicing standards; and (2) information on proactive early intervention methods by servicers to help distressed student loan borrowers enroll in any eligible repayment plans.

Student Loan Borrower Bill of Rights

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act - (Sec. 3) Authorizes and ratifies the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007 Settlement Agreement, dated November 20, 2013, and entered into by the Tribe and the Fish Springs Ranch (Agreement). (Sec. 4) Authorizes the Tribe, in return for the benefits set forth in the 2007 Settlement Agreement (Original Agreement), the Agreement, and this Act, to execute a waiver and release against Fish Springs of: all legal rights to challenge the validity, characteristics, or exercise of specified Fish Springs water rights or the project to pump up to 13,000 acre feet per year of such water rights from the Honey Lake Valley Basin for transfer outside of the basin (Project); all claims for damages, losses, or injuries to the Tribe's water rights or claims of interference with, diversion of, or taking of the Tribe's water rights; all claims that would impair, prevent, or interfere with implementation of the Project pursuant to the Agreement or Original Agreement, deliveries of water by the Project pursuant to those Agreements or a Water Banking Trust Agreement between Washoe County and Fish Springs, or assignments of water credits pursuant to such Trust Agreement; and all claims against Fish Springs relating to the negotiation or adoption of the Agreement or the Original Agreement. Authorizes the Tribe, in return for the benefits set forth in the Original Agreement, the Agreement, and this Act, to execute a waiver and release of all claims against the United States that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in the Agreement for damages, losses, or injuries that are related to: the Project or specified Fish Springs water rights; the Agreement, the Original Agreement, the final environmental impact statement for the North Valleys Rights-of-Way Projects, or the record of decision regarding that impact statement; claims the United States asserted or could have asserted in any past proceeding related to the Project; the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act; the Tribe's use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement; the Tribe's acquisition and use of land under the Original Agreement; and the extinguishment of the claims, if any, that the Tribe waives and releases pursuant to this Act. Lists the claims and rights that the Tribe retains against Fish Springs and the United States. Provides that the United States has no right or obligation to bring or assert, on behalf of the Tribe, the claims waived and released by the Tribe after Fish Springs makes the payment to the Tribe as provided in the Agreement. (Sec. 5) Makes this Act and the Agreement null and void if the Tribe fails to execute, within 60 days of this Act's enactment, the waivers and releases authorized by this Act. (Sec. 6) Limits the Agreement's beneficiaries to its parties, certain purveyors of Project water, and any assignee of Water Rights Credits for Project water pursuant to a Water Banking Trust Agreement between Washoe County and Fish Springs. (Sec. 7) Vests jurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act in the United States District Court for the District of Nevada.

113 S1818 RS: Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act U.S. Senate 2013-12-12 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 Calendar No. 476 113th CONGRESS 2d Session S. 1818 IN THE SENATE OF THE UNITED STATES December 12 (legislative day, December 11), 2013 Mr. Reid Mr. Heller Committee on Indian Affairs July 22, 2014 Reported by Mr. Tester A BILL To ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement 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. Sec. 3. Ratification of agreement. Sec. 4. Waiver and releases of claims. Sec. 5. Satisfaction of claims. Sec. 6. Beneficiaries to agreement. Sec. 7. Jurisdiction. Sec. 8. Environmental compliance. Sec. 9. Miscellaneous provisions. 2. Definitions In this Act: (1) Original agreement The term Original Agreement Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Agreement (2) Agreement The term Agreement (3) Environmental impact statement The term environmental impact statement (4) Final payment date The term final payment date (5) Fish springs The term Fish Springs (6) Fish springs water rights The term Fish Springs water rights G (7) Additional fish springs water rights The term additional Fish Springs water rights (8) Honey lake valley basin The term Honey Lake Valley Basin (9) Project The term Project (A) not more than 8,000 acre feet as described in the environmental impact statement (but not the Intermountain Water Supply, Ltd., Project described in the environmental impact statement) and the record of decision; (B) up to the 5,000 acre feet of additional Fish Springs water rights; and (C) the rights and approvals for Fish Springs to pump and transfer up to said 13,000 acre feet of groundwater per year. (10) Record of decision The term record of decision (11) Secretary The term Secretary (12) Tribe The term Tribe Indian Reorganization Act 25 U.S.C. 476 (13) Truckee river operating agreement The term Truckee River Operating Agreement (A) the September 6, 2008, Truckee River Operating Agreement negotiated for the purpose of carrying out the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act ( Public Law 101–618 (B) any final, signed version of the Truckee River Operating Agreement that becomes effective under the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act. 3. Ratification of agreement (a) In general Except to the extent that a provision of the Agreement conflicts with this Act, the Agreement is authorized and ratified. (b) Waiver and retention of claims Notwithstanding any provision of the Agreement, any waiver or retention of a claim by the Tribe relating to the Agreement shall be carried out in accordance with section 4. (c) Compliance with applicable law This section, the Original Agreement, and the Agreement satisfy all applicable requirements of section 2116 of the Revised Statutes ( 25 U.S.C. 177 4. Waiver and releases of claims (a) Waiver and release of claims by tribe against fish springs In return for benefits to the Tribe as set forth in the Original Agreement, the Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release against Fish Springs of the following: (1) All rights under Federal, State, and other law to challenge the validity, characteristics, or exercise of the Project or use of Fish Springs water rights (including additional Fish Springs water rights), including the right to assert a senior priority against or to place a call for water on the Project or Fish Springs water rights (including additional Fish Springs water rights) regardless of the extent to which the Tribe has a water right or in the future establishes a water right that is senior to the Project or Fish Springs water rights (including additional Fish Springs water rights). (2) All claims for damages, losses, or injuries to the Tribe’s water rights or claims of interference with, diversion of, or taking of the Tribe’s water rights, including— (A) claims for injury to lands or resources resulting from such damages, losses, injuries, or interference with, diversion of, or taking of tribal water rights under the Agreement or Original Agreement; and (B) claims relating to the quality of water underlying the Pyramid Lake Indian Reservation that are related to use of Fish Springs water rights (including additional Fish Springs water rights) by the Project or the implementation or operation of the Project in accordance with the Agreement or Original Agreement. (3) All claims that would impair, prevent, or interfere with one or more of the following: (A) Implementation of the Project pursuant to the terms of the Agreement or Original Agreement. (B) Deliveries of water by the Project pursuant to the terms of— (i) the Agreement; (ii) the Original Agreement; or (iii) the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (C) Assignments of water rights credits pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (4) All claims against Fish Springs relating in any manner to the negotiation or adoption of the Agreement or the Original Agreement. (b) Reservation of rights and retention of claims by tribe against fish springs The Tribe, on its own behalf and on behalf of the members of the Tribe, shall retain against Fish Springs the following: (1) All claims for enforcement of the Agreement, the Original Agreement or this Act through such remedies as are available in the U.S. District Court for the District of Nevada. (2) Subject to the right of Fish Springs to carry out the Project, and subject to the waiver and release by the Tribe in subsection (a)— (A) the right to assert and protect any right of the Tribe to surface or groundwater and any other trust resource, including the right to assert a senior priority against or to place a call for water on any water right other than against the Project or Fish Springs water rights; (B) all rights to establish, claim or acquire a water right in accordance with applicable law and to use and protect any water right acquired after the date of the enactment of this Act that is not in conflict with the Agreement, the Original Agreement or this Act; and (C) all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement. (3) The right to enforce— (A) the Tribe’s rights against any party to the Truckee River Operating Agreement; (B) the Tribe’s rights against any party to the Truckee River Water Quality Settlement Agreement; and (C) whatever rights exist to seek compliance with any permit issued to any wastewater treatment or reclamation facility treating wastewater generated by users of Project water. (4) The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water. (c) Waiver and release of claims by the tribe against the united states In return for the benefits to the Tribe as set forth in the Agreement, the Original Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release of all claims against the United States, including the agencies and employees of the United States, related to the Project and Fish Springs water rights (including additional Fish Springs water rights) that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in paragraph 4 of the Agreement for damages, losses or injuries that are related to— (1) the Project, Fish Springs water rights (including additional Fish Springs water rights), and the implementation, operation, or approval of the Project, including claims related to— (A) loss of water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, and gathering rights due to loss of water, water rights or subordination of water rights) resulting from the Project or Fish Springs water rights (including additional Fish Springs water rights); (B) interference with, diversion, or taking of water resulting from the Project; or (C) failure to protect, acquire, replace, or develop water, water rights, or water infrastructure as a result of the Project or Fish Springs water rights (including additional Fish Springs water rights); (2) the record of decision, the environmental impact statement, the Agreement or the Original Agreement; (3) claims the United States, acting as trustee for the Tribe or otherwise, asserted, or could have asserted in any past proceeding related to the Project; (4) the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act; (5) the Tribe’s use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement; (6) the Tribe’s acquisition and use of land under the Original Agreement; and (7) the extinguishment of claims, if any, and satisfaction of the obligations of the United States on behalf of the Tribe as set forth in subsection (e). (d) Reservation of rights and retention of claims by tribe against the united states Notwithstanding the waivers and releases authorized in this Act, the Tribe, on behalf of itself and the members of the Tribe, shall retain against the United States the following: (1) All claims for enforcement of this Act through such legal and equitable remedies as are available in the U.S. District Court for the District of Nevada. (2) The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water. (3) Subject to the right of Fish Springs to carry out the Project, all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement. (e) Extinguishment of waived and released claims Upon execution of the waiver and releases by the Tribe pursuant to subsections (a) and (c) and upon final payment by Fish Springs pursuant to the terms of the Agreement, the United States acting on behalf of the Tribe shall have no right or obligation to bring or assert any claims waived and released by the Tribe as set forth in subsection (a). Upon the effective date of the waivers and releases of claims authorized, the waived and released claims as set forth in subsection (a) are extinguished. (f) No united states liability for waived claims The United States shall bear no liability for claims waived and released by the Tribe pursuant to this Act. (g) United states reservation of rights Nothing in this Act shall affect any rights, remedies, privileges, immunities, or powers of the United States, including the right to enforce the terms of the right-of-way across Federal lands for the Project granted by the Secretary to Fish Springs pursuant to the Federal Lands Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (h) Effective date of waivers and releases of claims The waivers and releases authorized under subsections (a) and (c) shall take effect on the day Fish Springs makes the payment to the Tribe as provided in subparagraph 4.2 of the Agreement. 5. Satisfaction of claims (a) In general The benefits provided to the Tribe under the Agreement, the Original Agreement, and this Act shall be considered to be full satisfaction of all claims of the Tribe waived and released pursuant to section 4 and pursuant to the Original Agreement and any claims the United States might make on behalf of the Tribe that are extinguished pursuant to section 4. (b) Effect of failure To execute waivers and releases If the Tribe fails to execute the waivers and releases as authorized by this Act within 60 days after the date of the enactment of this Act, this Act and the Agreement shall be null and void. 6. Beneficiaries to agreement (a) Requirement The beneficiaries to the Agreement shall be limited to— (1) the parties to the Agreement; (2) any municipal water purveyor that provides Project water for wholesale or retail water service to the area serviced by the Project; (3) any water purveyor that obtains the right to use Project water for purposes other than serving retail or wholesale customers; and (4) any assignee of Water Rights Credits for Project water pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (b) Prohibition Except as provided in subsection (a), nothing in the Agreement or this Act provides to any individual or entity third-party beneficiary status relating to the Agreement. 7. Jurisdiction Jurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act shall be vested in the United States District Court for the District of Nevada. 8. Environmental compliance Nothing in this Act precludes the United States or the Tribe, when delegated regulatory authority, from enforcing Federal environmental laws, including— (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) including claims for damages for harm to natural resources; (2) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (3) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (4) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (5) any regulation implementing one or more of the Acts listed in paragraphs (1) through (4). 9. Miscellaneous provisions (a) No establishment of standard Nothing in this Act establishes a standard for the quantification of a Federal reserved water right or any other claim of an Indian tribe other than the Tribe in any other judicial or administrative proceeding. (b) Other claims Nothing in the Agreement, the Original Agreement, or this Act quantifies or otherwise adversely affects any water right, claim, or entitlement to water, or any other right of any Indian tribe, band, or community other than the Tribe. July 22, 2014 Reported without amendment

Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Responsible Use of Taxpayer Dollars for Portraits Act of 2013 - Prohibits federal funds from being used to pay for production of a portrait of: (1) a Member of Congress, (2) the head of an executive agency, or (3) the head of an agency or office of the legislative branch. Authorizes up to $20,000 in federal funds to pay for production of a portrait of an individual in line of succession to the presidency. Provides that nothing in this Act shall be construed to prohibit the use of: federal funds to publicly display a portrait of: (1) a Member of Congress, (2) the head of an executive agency, or (3) the head of an agency or office of the legislative branch; or nonfederal funds to produce a portrait of such individual, including, in the case of a portrait of an individual in line of succession to the presidency, the use of nonfederal funds to pay the entire cost of producing it or the portion of the cost that exceeds $20,000, if any.

113 S1820 RS: Responsible Use of Taxpayer Dollars for Portraits Act of 2013 U.S. Senate 2013-12-12 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 Calendar No. 486 113th CONGRESS 2d Session S. 1820 [Report No. 113–217] IN THE SENATE OF THE UNITED STATES December 12 (legislative day, December 11), 2013 Mrs. Shaheen Mr. Coburn Mrs. Fischer Ms. Ayotte Mr. Roberts Committee on Homeland Security and Governmental Affairs July 23, 2014 Reported by Mr. Carper A BILL To prohibit the use of Federal funds for the costs of official portraits of Members of Congress, heads of executive agencies, and heads of agencies and offices of the legislative branch. 1. Short title This Act may be cited as the Responsible Use of Taxpayer Dollars for Portraits Act of 2013 2. Prohibition on use of funds for official portraits (a) Definitions In this section— (1) the term executive agency (2) the term Member of Congress (3) the term portrait (b) Prohibition (1) In general Except as provided in paragraph (2), no Federal funds may be used to pay for the production of a portrait of— (A) a Member of Congress; (B) the head of an executive agency; or (C) the head of an agency or office of the legislative branch. (2) Individuals in line of succession to presidency Not more than $20,000 in Federal funds may be used to pay for the production of a portrait of an individual who is in the line of succession to the Presidency under subsection (a), (b), or (d) of section 19 (c) Rules of construction Nothing in this Act shall be construed to prohibit— (1) the use of Federal funds to publicly display a portrait of an individual described in subsection (b)(1); or (2) the use of funds other than Federal funds to produce a portrait of an individual described in subsection (b)(1), including, in the case of a portrait of an individual described in subsection (b)(2), the use of funds other than Federal funds to pay the entire cost of producing the portrait or the portion of the cost that exceeds $20,000, if any. July 23, 2014 Reported without amendment

Responsible Use of Taxpayer Dollars for Portraits Act of 2013

Philippines Charitable Giving Assistance Act - Treats cash contributions made after the enactment of this Act and before April 15, 2014, for the relief of victims in areas affected by Typhoon Haiyan as having been made on December 31, 2013, for purposes of the tax deduction for charitable contributions. Deems such a contribution as meeting the recordkeeping requirements of the Internal Revenue Code if the taxpayer produces a telephone bill showing the name of the donee organization and the date and amount of the contribution.

113 S1821 ES: Philippines Charitable Giving Assistance 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. 1821 IN THE SENATE OF THE UNITED STATES AN ACT To accelerate the income tax benefits for charitable cash contributions for the relief of victims of Typhoon Haiyan in the Philippines. 1. Short title This Act may be cited as the Philippines Charitable Giving Assistance Act 2. Acceleration of income tax benefits for charitable cash contributions for relief of victims of Typhoon Haiyan in the Philippines (a) In general For purposes of section 170 (b) Contribution described A contribution is described in this subsection if such contribution is a cash contribution made for the relief of victims in areas affected by Typhoon Haiyan, for which a charitable contribution deduction is allowable under section 170 of the Internal Revenue Code of 1986. (c) Recordkeeping In the case of a contribution described in subsection (b), a telephone bill showing the name of the donee organization, the date of the contribution, and the amount of the contribution shall be treated as meeting the recordkeeping requirements of section 170(f)(17) of the Internal Revenue Code of 1986. Passed the Senate March 6, 2014. Secretary

Philippines Charitable Giving Assistance Act

Motorsports Fairness and Permanency Act - Amends the Internal Revenue Code to make permanent the classification, for depreciation purposes, of any motorsports entertainment complex as seven-year property.

114 S1624 IS: Motorsports Fairness and Permanency Act U.S. Senate 2015-06-18 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. 1624 IN THE SENATE OF THE UNITED STATES June 18, 2015 Ms. Stabenow Mr. Burr Mrs. Shaheen Ms. Ayotte Mr. Peters Mr. Wicker Mr. Nelson Mr. Cochran Mr. Warner Mr. Moran Committee on Finance A BILL To provide predictability and certainty in the tax law, create jobs, and encourage investment. 1. Short title This Act may be cited as the Motorsports Fairness and Permanency Act 2. 7-year class life for motorsports entertainment complex facilities made permanent (a) In general Section 168(i)(15) (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2014.

Motorsports Fairness and Permanency Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) American Fighter Aces Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of the nation's freedom. Requires the medal to be given to the Smithsonian Institution, where it shall be available for display or temporary loan to be displayed elsewhere, particularly at locations associated with the American Fighter Aces.

113 S1827 ES: American Fighter Aces Congressional Gold Medal 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. 1827 IN THE SENATE OF THE UNITED STATES AN ACT To award a Congressional Gold Medal to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country’s freedom throughout the history of aviation warfare. 1. Short title This Act may be cited as the American Fighter Aces Congressional Gold Medal Act 2. Findings Congress finds the following: (1) An American Fighter Ace is a fighter pilot who has served honorably in a United States military service and who has destroyed 5 or more confirmed enemy aircraft in aerial combat during a war or conflict in which American armed forces have participated. (2) Beginning with World War I, and the first use of airplanes in warfare, military services have maintained official records of individual aerial victory credits during every major conflict. Of more than 60,000 United States military fighter pilots that have taken to the air, less than 1,500 have become Fighter Aces. (3) Americans became Fighter Aces in the Spanish Civil War, Sino-Japanese War, Russian Civil War, Arab-Israeli War, and others. Additionally, American military groups’ recruited United States military pilots to form the American Volunteer Group, Eagle Squadron, and others that produced American-born Fighter Aces fighting against axis powers prior to Pearl Harbor. (4) The concept of a Fighter Ace is that they fought for freedom and democracy across the globe, flying in the face of the enemy to defend freedom throughout the history of aerial combat. American-born citizens became Fighter Aces flying under the flag of United States allied countries and became some of the highest scoring Fighter Aces of their respective wars. (5) American Fighter Aces hail from every State in the Union, representing numerous ethnic, religious, and cultural backgrounds. (6) Fighter Aces possess unique skills that have made them successful in aerial combat. These include courage, judgment, keen marksmanship, concentration, drive, persistence, and split-second thinking that makes an Ace a war fighter with unique and valuable flight driven skills. (7) The Aces’ training, bravery, skills, sacrifice, attention to duty, and innovative spirit illustrate the most celebrated traits of the United States military, including service to country and the protection of freedom and democracy. (8) American Fighter Aces have led distinguished careers in the military, education, private enterprise, and politics. Many have held the rank of General or Admiral and played leadership roles in multiple war efforts from WWI to Vietnam through many decades. In some cases they became the highest ranking officers for following wars. (9) The extraordinary heroism of the American Fighter Ace boosted American morale at home and encouraged many men and women to enlist to fight for America and democracy across the globe. (10) Fighter Aces were among America’s most-prized military fighters during wars. When they rotated back to the United States after combat tours, they trained cadets in fighter pilot tactics that they had learned over enemy skies. The teaching of combat dogfighting to young aviators strengthened our fighter pilots to become more successful in the skies. The net effect of this was to shorten wars and save the lives of young Americans. (11) Following military service, many Fighter Aces became test pilots due to their superior flying skills and quick thinking abilities. (12) The American Fighter Aces are one of the most decorated military groups in American history. Twenty-two Fighter Aces have achieved the rank of Admiral in the Navy. Seventy-nine Fighter Aces have achieved the rank of General in the Army, Marines, and Air Force. Nineteen Medals of Honor have been awarded to individual Fighter Aces. 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 presentation, on behalf of the Congress, of a gold medal of appropriate design to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country’s freedom, which has spanned the history of aviation warfare. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary (c) Award of medal Following the award of the gold medal in honor of the American Fighter Aces under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display or temporary loan to be displayed elsewhere, particularly at appropriate locations associated with the American Fighter Aces, and that preference should be given to locations affiliated with the Smithsonian Institution. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses, and amounts received from the sale of such duplicates shall be deposited in the United States Mint Public Enterprise Fund. 5. Status of medals (a) National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of sections 5134 5136 Passed the Senate March 26, 2014. Secretary

American Fighter Aces Congressional Gold Medal Act

Pro Football Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5-gold coins, 400,000 $1-silver coins, and 750,000 half-dollar coins emblematic of the game of professional football. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities.

114 S294 IS: Pro Football Hall of Fame Commemorative Coin Act U.S. Senate 2015-01-28 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. 294 IN THE SENATE OF THE UNITED STATES January 28, 2015 Mr. Portman Mr. Manchin Mr. Blunt Mr. Boozman Mrs. Boxer Mr. Brown Mr. Hoeven Mr. Inhofe Mr. Isakson Mr. Kaine Mr. Moran Mr. Thune Mr. Vitter Mr. Warner Ms. Ayotte Mr. Cornyn Mr. Graham Mr. Wicker Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in recognition and celebration of the Pro Football Hall of Fame. 1. Short title This Act may be cited as the Pro Football Hall of Fame Commemorative Coin Act 2. Findings The Congress finds the following: (1) The Pro Football Hall of Fame's mission is— (A) to honor individuals who have made outstanding contributions to professional football; (B) to preserve professional football's historic documents and artifacts; (C) to educate the public regarding the origin, development, and growth of professional football as an important part of American culture; and (D) to promote the positive values of the sport. (2) The Pro Football Hall of Fame opened its doors on September 7, 1963. On that day, a charter class of 17 players, coaches, and contributors were enshrined. Among the group were such legends as Sammy Baugh, Red Grange, George Halas, Don Hutson, Bronko Nagurski, and Jim Thorpe. Through 2012, 273 members had been elected to the Pro Football Hall of Fame. Three distinct iconic symbols represent an individual's membership in the Hall of Fame: a bronze bust, a Hall of Fame gold jacket, and a Hall of Fame ring. (3) The Pro Football Hall of Fame has welcomed nearly 9,000,000 visitors from around the world since opening in 1963. The museum has grown from its original 19,000-square-foot building to a 118,000-square-foot, state-of-the-art facility, as a result of expansions in 1971, 1978, 1995, and most recently in 2011–2013. In addition, major exhibit renovations were completed in 2003, 2008, and 2009. (4) The Pro Football Hall of Fame houses the world's largest collection on professional football. Included in the museum's vast collection are more than 20,000 three-dimensional artifacts and more than 20,000,000 pages of documents, including nearly 3,000,000 photographic images. (5) The Pro Football Hall of Fame reaches a worldwide audience of nearly 15,000,000 people annually through visitors to the museum, participants in the annual Pro Football Hall of Fame Enshrinement Festival, three nationally televised events, the Hall of Fame's Web site, social media outlets, special events across the country, and through the museum's Educational Outreach video conferencing programs. (6) It is appropriate that these coins are issued in 2019, which is the beginning of the hundred year anniversary of the National Football League. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain at least 90 percent silver with the remainder copper. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the game of professional football. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2019 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Pro Football Hall of Fame; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2019. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Pro Football Hall of Fame, to help finance the expansion and renovation of Pro Football Hall of Fame facilities. (c) Audits The Pro Football Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Pro Football Hall of Fame Commemorative Coin Act

Taxpayer Protection and Responsible Resolution Act - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to repeal Title II (Orderly Liquidation Authority), governing the bankruptcy of financial institutions. Makes conforming amendments to the Federal Deposit Insurance Act and the Federal Reserve Act. Amends federal bankruptcy law to add "Chapter 14 - Liquidation, Reorganization, or Recapitalization of A Covered Financial Corporation," setting forth requirements and prohibitions regarding: (1) commencement of a case concerning a covered financial corporation; (2) a special trustee and bridge company; (3) special transfer of the property of the estate in bankruptcy; (4) treatment of qualified financial contracts and affiliate contracts; (5) licenses, permits, and registrations; (6) exemption from securities laws; and (7) inapplicability of certain avoiding powers. Defines "covered financial corporation" as one incorporated or organized under any federal or state law (other than a stockbroker, a commodity broker, or a domestic or foreign insurance company or financial institution meeting certain criteria) that is: (1) a bank holding company, or (2) predominantly engaged in activities that the Board of Governors of the Federal Reserve System has determined are financial in nature or incidental to such financial activity. Amends the Judicial Code to require the Chief Justice of the United States to designate: (1) at least one district judge from each circuit to be available to hear appeals in a bankruptcy case concerning a covered financial corporation; and (2) a panel of at least 10 bankruptcy judges who are experts in title 11 cases in which a financial institution is a debtor, to be available also to hear a case under Chapter 14. Prescribes requirements for the assignment of bankruptcy judges to Chapter 14 cases. Amends the Federal Reserve Act to prohibit a Federal Reserve bank from making advances for the purpose of providing debtor-in-possession financing to either: (1) a bridge company, or (2) a covered financial corporation that is a debtor in a pending case under Chapter 14.

114 S1840 IS: Taxpayer Protection and Responsible Resolution Act U.S. Senate 2015-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1840 IN THE SENATE OF THE UNITED STATES July 22, 2015 Mr. Cornyn Mr. Toomey Mr. Crapo Mr. Lee Committee on Banking, Housing, and Urban Affairs A BILL To amend title 11, United States Code, to provide for the liquidation, reorganization, or recapitalization of a covered financial corporation, and for other purposes. 1. Short title This Act may be cited as the Taxpayer Protection and Responsible Resolution Act 2. General provisions relating to covered financial corporations (a) Definition Section 101 of title 11, United States Code, is amended by inserting the following after paragraph (9): (9A) The term covered financial corporation (A) a bank holding company, as defined in section 2(a) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(a) (B) a corporation that exists for the primary purpose of owning, controlling, and financing subsidiaries that are predominantly engaged in activities that the Board of Governors of the Federal Reserve System has determined are financial in nature or incidental to such financial activity for purposes of section 4(k) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(k) . (b) Applicability of chapters Section 103 of title 11, United States Code, is amended— (1) in subsection (a)— (A) by striking section 1161 sections 1161 and 1401 (B) by striking or 13 13, or 14 (2) in subsection (g), by inserting subsection (m) and section (3) by adding at the end the following: (l) Chapter 14 of this title applies only in a case under such chapter. (m) Except as otherwise provided in chapter 14 of this title, chapter 11 of this title applies in a case under chapter 14 of this title. . (c) Who may be a debtor Section 109 of title 11, United States Code, is amended— (1) in subsection (d)— (A) by striking and (B) by striking or a or (C) by inserting , or a covered financial corporation Federal Deposit Insurance Corporation Improvement Act of 1991 (2) by adding at the end the following: (i) Only a covered financial corporation may be a debtor in a case under chapter 14. . (d) Distribution of property of the estate Section 726(a)(1) of title 11, United States Code, is amended by inserting in payment of any unpaid fees, costs, and expenses of a special trustee appointed under section 1406, and then first, (e) Confirmation of plan Section 1129(a) of title 11, United States Code, is amended by adding at the end the following: (17) In a case under chapter 14, all payable fees, costs, and expenses of the special trustee have been paid or the plan provides for the payment of all such fees, costs, and expenses, as of the effective date of the plan. (18) In a case under chapter 14, confirmation of the plan is not likely to cause serious adverse effects on financial stability in the United States. . (f) Qualification of trustee Section 322(b)(2) of title 11, United States Code, is amended by striking The In cases under chapter 14, the United States trustee shall recommend to the court, and in all other cases, the 3. Liquidation, reorganization, or recapitalization of a covered financial corporation (a) In general Title 11, United States Code, is amended by inserting before chapter 15 the following: 14 Liquidation, reorganization, or recapitalization of a covered financial corporation Sec. 1401. Inapplicability of other sections. 1402. Definitions for this chapter. 1403. Commencement of a case concerning a covered financial corporation. 1404. Regulators. 1405. Special transfer of property of the estate. 1406. Special trustee. 1407. Automatic stay; assumed debt. 1408. Treatment of qualified financial contracts and affiliate contracts. 1409. Licenses, permits, and registrations. 1410. Conversion to chapter 7. 1411. Exemption from securities laws. 1412. Inapplicability of certain avoiding powers. 1413. Consideration of financial stability. 1401. Inapplicability of other sections Sections 303 and 321(c) do not apply in a case under this chapter. 1402. Definitions for this chapter In this chapter, the following definitions shall apply: (1) The term Board (2) The term bridge company (3) The term capital structure debt (4) The term contractual right (5) The term qualified financial contract (6) The term special trustee (7) The term trustee (A) appointed or elected under section 1104; and (B) qualified under section 322 to serve as trustee in the case or, in the absence of such person, the debtor in possession. 1403. Commencement of a case concerning a covered financial corporation (a) In general A case under this chapter may be commenced by the filing of a petition with the court by an entity that may be a debtor under section 301 if the entity states to the best of its knowledge, under penalty of perjury, in the petition that the entity is a covered financial corporation. (b) Order for relief The commencement of a case under subsection (a) constitutes an order for relief under this chapter. (c) Liability The members of the board of directors (or body performing similar functions) of a covered financial corporation shall not be liable to shareholders, creditors or other parties in interest for— (1) a good faith filing of a case under this chapter; or (2) for any reasonable action taken, before or after the date on which a case is commenced under this chapter, in good faith in contemplation of or in connection with such a filing or a transfer under section 1405 or section 1406. (d) Notice to court Counsel to the entity that may be a debtor shall provide, to the greatest extent practicable, sufficient confidential notice to the Director of the Administrative Office of the United States Courts and the chief judge of the court of appeals embracing the district in which the case is pending regarding the potential commencement of a case under this chapter without disclosing the identity of the potential debtor to allow the Director and chief judge to designate and ensure the ready availability of 1 of the bankruptcy judges designated under section 298(b)(1) of title 28 to be available to preside over the case. 1404. Regulators The Board, the Securities and Exchange Commission, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation may raise and may appear and be heard on any issue in any case or proceeding under this chapter. 1405. Special transfer of property of the estate (a) In general (1) Transfer On request of the trustee, and after notice and hearing not less than 24 hours after the order for relief, the court may order a transfer under this section of property of the estate, and the assignment of debt, executory contracts, unexpired leases, qualified financial contracts, and agreements of the debtor, to a bridge company. Except as provided under this section, the provisions of sections 363 and 365 shall apply to a transfer and assignment under this section. (2) Property of estate Upon the entry of an order approving a transfer under this section, any property transferred, and any debt, executory contract, unexpired leases, qualified financial contract, or agreement assigned under such order shall no longer be property of the estate. (b) Notice Unless the court orders otherwise, notice of a request for an order under subsection (a) shall consist of electronic or telephonic notice of not less than 24 hours to— (1) the holders of the 20 largest secured claims against the debtor; (2) the holders of the 20 largest unsecured claims against the debtor; (3) counterparties to any debt, executory contract, unexpired lease, qualified financial contract, or agreement requested to be transferred under this section; (4) the Board; (5) the Federal Deposit Insurance Corporation; (6) the Secretary of the Treasury; (7) the Comptroller of the Currency; (8) the Securities and Exchange Commission; (9) the United States trustee or bankruptcy administrator; and (10) each primary financial regulatory agency (as defined in section 2(12) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301(12) (c) Determination The court may not order a transfer under this section unless the court determines, based upon a preponderance of the evidence, that— (1) the transfer under this section is necessary to prevent serious adverse effects on financial stability in the United States; (2) the transfer does not provide for the assumption of any capital structure debt by the bridge company; (3) the transfer does not provide for the transfer to the bridge company of any property of the estate that is subject to a lien securing a debt, executory contract, unexpired lease, or agreement of the debtor unless— (A) (i) the bridge company assumes such debt, executory contract, unexpired lease, or agreement, including any claims arising in respect thereof that would not be allowed secured claims under section 506(a)(1), and after giving effect to such transfer, such property remains subject to the lien securing such debt, executory contract, unexpired lease, or agreement; and (ii) the court has determined that assumption of such debt, executory contract, unexpired lease, or agreement by the bridge company is in the best interest of the estate; or (B) such property is being transferred to the bridge company in accordance with the provisions of section 363; (4) the transfer does not provide for the assumption by the bridge company of any debt, executory contract, unexpired lease, or agreement of the debtor secured by a lien on property in which the estate has an interest unless the transfer provides for such property to be transferred to the bridge company in accordance with paragraph (3)(A) of this subsection; (5) the transfer does not provide for the transfer of the equity of the debtor; (6) the debtor has demonstrated that the bridge company is not likely to fail to meet the obligations of any debt, executory contract, qualified financial contract, unexpired lease, or other agreement assumed and assigned to the bridge company; (7) the transfer provides for the transfer to a special trustee all of the equity securities in the bridge company and appointment of a special trustee in accordance with section 1406; (8) after giving effect to the transfer, adequate provision has been made for the payment of the fees, costs, and expenses of the estate and special trustee; and (9) the bridge company will have governing documents, and initial directors and senior officers, that are in the best interest of creditors and the estate. (d) Requirements before transfer Immediately before a transfer under this section, the bridge company that is the recipient of the transfer shall— (1) not have any property, debts, executory contracts, unexpired leases, qualified financial contracts, or agreements, other than any property acquired or debts, executory contracts, unexpired leases, qualified financial contracts, or agreements assumed when acting as a transferee of a transfer under this section; and (2) have equity securities that are property of the estate, which may be sold or distributed in accordance with this title. 1406. Special trustee (a) In general (1) Transfer to special trustee An order approving a transfer under section 1405 shall require the trustee to transfer to a special trustee all of the equity securities in the bridge company that is the recipient of a transfer under section 1405 to hold in trust for the sole benefit of the estate subject to satisfaction of the special trustee’s fees, costs, and expenses. The trust of which the special trustee is the trustee shall be a newly formed trust governed by a trust agreement approved by the court as in the best interests of the estate, and shall exist for the sole purpose of holding and administering, and shall be permitted to dispose of, the equity securities of the bridge company in accordance with the trust agreement. (2) Appointment of special trustee (A) In general A special trustee shall be qualified and independent and shall be appointed by the court. (B) Proposal by trustee In connection with the hearing to approve a transfer under section 1405, the trustee may propose to the court a person to serve as special trustee, if the trustee confirms to the court that the Board has been consulted regarding the identity of the proposed special trustee and advises the court of the results of such consultation. (b) Trust agreement The trust agreement governing a trust formed under subsection (a)(1) shall provide— (1) for the payment of the fees, costs, expenses, and indemnities of the special trustee from the assets of the debtor’s estate; (2) that the special trustee provide— (A) quarterly reporting to the estate, which shall be filed with the court; and (B) information about the bridge company reasonably requested by a party in interest to prepare a disclosure statement for a plan providing for distribution of any securities of the bridge company if such information is necessary to prepare such disclosure statement; (3) that for as long as the equity securities of the bridge company are held by the trust, the special trustee shall file a notice with the court in connection with— (A) any change in a director or senior officer of the bridge company; (B) any modification to the governing documents of the bridge company; or (C) any material corporate action of the bridge company, including— (i) recapitalization; (ii) a material borrowing; (iii) termination of an intercompany debt or guarantee; (iv) a transfer of a substantial portion of the assets of the bridge company; or (v) the issuance or sale of any securities of the bridge company; (4) that any sale of any equity securities of the bridge company shall not be consummated until the special trustee consults with the Federal Deposit Insurance Corporation and the Board regarding such sale and discloses the results of such consultation with the court; (5) that, subject to reserves for payments permitted under paragraph (1) provided for in the trust agreement, the proceeds of the sale of any equity securities of the bridge company by the special trustee be held in trust for the benefit of or transferred to the estate; (6) the process and guidelines for the replacement of the special trustee; and (7) that the property held in trust by the special trustee is subject to distribution in accordance with subsection (c). (c) Distribution of assets held in trust (1) In general The special trustee shall distribute the assets held in trust— (A) if the court confirms a plan in the case, in accordance with the plan on the effective date of the plan; or (B) if the case is converted to a case under chapter 7 under section 1410. (2) Termination As soon as practicable after a final distribution under paragraph (1), the office of the special trustee shall terminate, except as may be necessary to wind up and conclude the business and financial affairs of the trust. (d) Applicability After a transfer to the special trustee under this section, the special trustee shall be subject only to applicable nonbankruptcy law, and the actions and conduct of the special trustee shall no longer be subject to approval by the court in the case under this chapter. 1407. Automatic stay; assumption (a) Automatic stay (1) In general A petition filed under section 1403 operates as a stay, applicable to all entities, of the acceleration, termination, or modification of any debt, contract, lease, or agreement of the kind described in paragraph (2), or of any right or obligation under any such debt, contract, lease, or agreement, solely because of— (A) a default by the debtor under any such debt, contract, lease, or agreement; or (B) a provision in such debt, contract, lease, or agreement, or in applicable nonbankruptcy law, that is conditioned on— (i) the insolvency or financial condition of the debtor at any time before the closing of the case; (ii) the commencement of a case under this title concerning the debtor; (iii) the appointment of or taking possession by a trustee in a case under this title concerning the debtor or by a custodian before the commencement of the case; or (iv) a credit rating agency rating, or absence or withdrawal of a credit rating agency rating of— (I) the debtor at any time after the commencement of the case; (II) an affiliate during the 48 hours after the commencement of the case; (III) the bridge company while the trustee or the special trustee is a direct or indirect beneficial holder of more than 50 percent of the equity securities of— (aa) the bridge company; or (bb) an affiliate, if all of the direct or indirect interests in the affiliate that are property of the estate are transferred under section 1406; or (IV) an affiliate while the trustee or the special trustee is a direct or indirect beneficial holder of more than 50 percent of the equity securities of— (aa) the bridge company; or (bb) the affiliate, if all of the direct or indirect interests in the affiliate that are property of the estate are transferred under section 1405. (2) Debt, contract, lease, or agreement A debt, contract, lease, or agreement described in this paragraph— (A) is— (i) any debt, executory contract, or unexpired lease of the debtor; (ii) any agreement under which the debtor issued or is obligated for debt; (iii) any debt, executory contract, or unexpired lease of an affiliate; and (iv) any agreement under which an affiliate issued or is obligated for debt; and (B) does not include capital structure debt or qualified financial contracts. (3) Termination of stay A stay under this subsection terminates— (A) as to the debtor, upon the earliest of— (i) 48 hours after the commencement of the case; (ii) assumption of the debt, contract, lease, or agreement by the bridge company under an order authorizing a transfer under section 1405; (iii) a final order of the court denying the request for a transfer of the debt, contract, lease, or agreement under section 1405; or (iv) the time the case is dismissed; and (B) as to an affiliate, upon the earliest of— (i) 48 hours after the commencement of the case, if the court has not ordered a transfer under section 1405; (ii) the entry of an order authorizing a transfer under section 1405 in which the direct or indirect interests in the affiliate that are property of the estate are not transferred under section 1405; (iii) a final order of the court denying the request for a transfer under section 1405; or (iv) the time the case is dismissed. (4) Applicability Sections (d), (e), (f), and (g) of section 362 apply to a stay under this subsection. (b) Assumption by bridge company A debt, executory contract, unexpired lease of the debtor, or any other agreement described in subsection (a)(2), may be assumed by a bridge company in a transfer under section 1405 notwithstanding any provision in an agreement or in applicable nonbankruptcy law that— (1) prohibits, restricts, or conditions the assignment of the debt, contract, lease, or agreement; or (2) accelerates, terminates, or modifies, or permits a party other than the debtor to accelerate, terminate, or modify, the debt, contract, lease, or agreement on account of— (A) the assignment of the debt, contract, lease, or agreement; or (B) a change in control of any party to the debt, contract, lease, or agreement. (c) No acceleration, termination, or modification of agreements of debtor (1) In general A debt, contract, lease, or agreement of the kind described in subsection (a)(2) may not be accelerated, terminated, or modified, and any right or obligation under such debt, contract, lease, or agreement may not be accelerated, terminated, or modified, as to the bridge company solely because of a provision in the debt, contract, lease, or agreement or in applicable nonbankruptcy law— (A) of the kind described in subsection (a)(1)(B) as applied to the debtor; (B) that prohibits, restricts, or conditions the assignment of the debt, contract, lease, or agreement; or (C) that accelerates, terminates, or modifies, or permits a party other than the debtor to accelerate, terminate, or modify, the debt, contract, lease or agreement, on account of— (i) the assignment of the debt, contract, lease, or agreement; or (ii) a change in control of any party to the debt, contract, lease, or agreement. (2) Default If there has been a default by the debtor under a provision other than the kind described in paragraph (1) in a debt, contract, lease, or agreement of the kind described in subsection (a)(2), the bridge company may assume such debt, contract, lease, or agreement only if the bridge company— (A) cures, or provides adequate assurance in connection with a transfer under section 1405 that the bridge company will promptly cure, the default; (B) compensates, or provides adequate assurance in connection with a transfer under section 1405 that the bridge company will promptly compensate, a party other than the debtor to the debt, contract, lease, or agreement, for any actual pecuniary loss to the party resulting from the default; and (C) provides adequate assurance in connection with a transfer under section 1405 of future performance under the debt, contract, lease, or agreement, as determined by the court under section 1405(c)(4). 1408. Treatment of qualified financial contracts and affiliate contracts (a) In general Notwithstanding sections 362(b)(6), 362(b)(7), 362(b)(17), 362(b)(27), 362(o), 555, 556, 559, 560, and 561, a petition filed under section 1403 operates as a stay, during the period specified in section 1407(a)(3)(A), applicable to all entities, of the exercise of a contractual right— (1) to cause the acceleration, termination, modification, or liquidation of a qualified financial contract of the debtor or an affiliate; (2) to offset or net out any termination value, payment amount, or other transfer obligation arising under or in connection with a qualified financial contract of the debtor or an affiliate; or (3) under any security agreement or arrangement or other credit enhancement forming a part of or related to a qualified financial contract of the debtor or an affiliate. (b) Payment and delivery obligations (1) In general During the period specified in section 1407(a)(3)(A), the trustee or the affiliate shall perform all payment and delivery obligations under a qualified financial contract of the debtor or the affiliate, as the case may be, that become due after the commencement of the case. The stay provided under subsection (a) terminates as to a qualified financial contract of the debtor or an affiliate immediately upon the failure of the trustee or the affiliate, as the case may be, to perform any such obligation during such period. (2) Failure to perform Any failure by a counterparty to any qualified financial contract of the debtor or any affiliate to perform any payment or delivery obligation under such qualified financial contract, including during the pendency of the stay provided under subsection (a), shall constitute a breach of such qualified financial contract by the counterparty. (c) Assignment or assumption Notwithstanding any provision of subsection 1407(b) or applicable nonbankruptcy law, subject to the court’s approval, a qualified financial contract between an entity and the debtor may be assigned to or assumed by the bridge company in a transfer under section 1405 only if— (1) all qualified financial contracts between the entity and the debtor are assigned to and assumed by the bridge company in the transfer under section 1405; (2) all claims of the entity against the debtor under any qualified financial contract between the entity and the debtor (other than any claim that, under the terms of the qualified financial contract, is subordinated to the claims of general unsecured creditors) are assigned to and assumed by the bridge company; (3) all claims of the debtor against the entity under any qualified financial contract between the entity and the debtor are assigned to and assumed by the bridge company; and (4) all property securing or any other credit enhancement furnished by the debtor for any qualified financial contract described in paragraph (1) or any claim described in paragraph (2) or (3) under any qualified financial contract between the entity and the debtor is assigned to and assumed by the bridge company. (d) No acceleration, termination, or modification of qualified financial contracts Notwithstanding any provision of a qualified financial contract or of applicable nonbankruptcy law, a qualified financial contract of the debtor that is assumed by or assigned to the bridge company in a transfer under section 1405 may not be accelerated, terminated, modified, or liquidated after the entry of the order approving a transfer under section 1405, and any right or obligation under the qualified financial contract may not be accelerated, terminated, or modified, after the entry of the order approving a transfer under section 1405 solely because of a provision of the kind described in section 1407(c)(1), other than a provision of the kind described in section 1407(b) that occurs after property of the estate no longer includes a direct beneficial interest or an indirect beneficial interest through the special trustee, in more than 50 percent of the equity securities of the bridge company. (e) No acceleration, termination, modification, or liquidation of agreements of affiliates Notwithstanding any provision in any agreement or in applicable nonbankruptcy law, an agreement (including an executory contract, unexpired lease, qualified financial contract, or an agreement under which the affiliate issued or is obligated for debt) of an affiliate that is assumed by or assigned to the bridge company in a transfer under section 1405, and any right or obligation under such agreement, may not be accelerated, terminated, modified, or liquidated after the entry of the order approving a transfer under section 1405 solely because of a provision of the kind described in section 1407(c)(1), other than a provision of the kind described in section 1407(b) that occurs after the bridge company is no longer a direct or indirect beneficial holder of more than 50 percent of the equity securities of the affiliate at any time after the commencement of the case if— (1) all direct or indirect interests in the affiliate that are property of the estate are transferred under section 1405 to the bridge company within the period specified in subsection (a); (2) the bridge company assumes— (A) any guarantee or other credit enhancement issued by the debtor relating to the agreement of the affiliate; and (B) any right of setoff, netting arrangement, or debt of the debtor that directly arises out of or directly relates to the guarantee or credit enhancement; and (3) any property of the estate that directly serves as collateral for the guarantee or credit enhancement is transferred to the bridge company. 1409. Licenses, permits, and registrations (a) In general Notwithstanding any otherwise applicable nonbankruptcy law, if a request is made under section 1405 for a transfer of property of the estate, any Federal, State, or local license, permit, or registration that the debtor or an affiliate had immediately before the commencement of the case and that is proposed to be transferred under section 1405 may not be accelerated, terminated, or modified at any time after the request solely on account of— (1) the insolvency or financial condition of the debtor at any time before the closing of the case; (2) the commencement of a case under this title concerning the debtor; (3) the appointment of or taking possession by a trustee in a case under this title concerning the debtor or by a custodian before the commencement of the case; or (4) a transfer under section 1405. (b) Validity of certain licenses, permits, and registrations Notwithstanding any otherwise applicable nonbankruptcy law, any Federal, State, or local license, permit, or registration that the debtor had immediately before the commencement of the case that is included in a transfer under section 1405 shall be valid and all rights and obligations thereunder shall vest in the bridge company. 1410. Conversion to chapter 7 Notwithstanding section 109(b), a court may convert a case under this chapter to a case under chapter 7 if— (1) a transfer described in section 1405 has taken place; (2) the court has ordered the appointment of a special trustee under section 1406; and (3) the court finds, after providing notice and conducting a hearing, that the conversion of the case is in the best interests of the creditors and the estate. 1411. Exemption from securities laws For purposes of section 1145, a security of the bridge company shall be deemed to be a security of a successor to the debtor under a plan if the court approves the disclosure statement for the plan as providing adequate information (as defined in section 1125(a)) about the bridge company and the security. 1412. Inapplicability of certain avoiding powers A transfer made or an obligation incurred by the debtor to an affiliate prior to or after the commencement of the case, including any obligation released by the debtor or the estate to or for the benefit of an affiliate, in contemplation of or in connection with a transfer under section 1405, is not avoidable under section 544, 547, 548(a)(1)(B), or 549, or under any similar nonbankruptcy law. 1413. Consideration of financial stability The court may consider the effect that any decision in connection with this chapter may have on financial stability in the United States. . (b) Technical and conforming amendment The table of chapters for title 11, United States Code, is amended by inserting after the item relating to chapter 13 the following: 14. Liquidation, reorganization, or recapitalization of a covered financial corporation 1401 . 4. Amendments to title 28, United States Code (a) Amendment to chapter 13 Chapter 13 298. Judge for a case under chapter 14 (a) Notwithstanding section 295, the Chief Justice of the United States shall designate not fewer than 10 bankruptcy judges to be available to hear a case under chapter 14 (b) (1) Notwithstanding section 155, a case under chapter 14 (2) If the bankruptcy judge assigned to hear a case under paragraph (1) is not assigned to the district in which the case is pending, the bankruptcy judge shall be temporarily assigned to the district. To the greatest extent practicable, the approvals required under section 155(a) shall be obtained. (c) A case under chapter 14 . (b) Amendment to section 1334 Section 1334 of title 28, United States Code, is amended by adding at the end the following: (f) This section does not grant jurisdiction to the district court after a transfer pursuant to an order under section 1405 of title 11 of any proceeding related to a special trustee appointed, or to a bridge company formed to accomplish a transfer, under section 1405 of title 11. . (c) Technical and conforming amendment The table of sections for chapter 13 298. Judge for a case under chapter 14 . 5. Repeal of title II of Dodd-Frank Wall Street Reform and Consumer Protection Act (a) In general Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (b) Conforming amendments (1) Dodd-Frank Wall Street Reform and Consumer Protection Act The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended— (A) in the table of contents, by striking all items relating to title II; (B) in section 165(d)(6), by striking , a receiver appointed under title II, (C) in section 716(g), by striking or a covered financial company under title II (D) in section 1105(e)(5), by striking amount of any securities issued under that chapter 31 for such purpose shall be treated in the same manner as securities issued under section 208(n)(5)(E) issuances of such securities under that chapter 31 for such purpose shall be treated as public debt transactions of the United States, and the proceeds from the sale of any obligations acquired by the Secretary under this paragraph shall be deposited into the Treasury of the United States as miscellaneous receipts (E) in section 1106(c)(2)(A)— (i) in clause (i), by inserting , other than a covered financial corporation (as defined in section 101(9A) of title 11, United States Code), company (ii) in clause (ii), by inserting , other than a covered financial corporation (as defined in section 101(9A) of title 11, United States Code), company (2) Federal Deposit Insurance Act Section 10(b)(3)(A) of the Federal Deposit Insurance Act ( 12 U.S.C. 1820(b)(3)(A) , or of such nonbank financial company supervised by the Board of Governors or bank holding company described in section 165(a) of the Financial Stability Act of 2010, for the purpose of implementing its authority to provide for orderly liquidation of any such company under title II of that Act (3) Federal Reserve Act Section 13(3) of the Federal Reserve Act ( 12 U.S.C. 343(3) (A) in subparagraph (B)— (i) in clause (ii), by striking , resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or or is subject to resolution under (ii) in clause (iii), by striking , resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or or resolution under (B) by striking subparagraph (E). 6. Limitation on advances from a Federal Reserve Bank Section 10B(b) of the Federal Reserve Act ( 12 U.S.C. 347b(b) (1) by redesignating paragraph (5) as paragraph (6); (2) by inserting after paragraph (4) the following: (5) Limitation on advances to covered financial corporations and bridge companies Notwithstanding paragraph (2), a Federal Reserve bank may not make advances to any covered financial corporation that is a debtor in a pending case under chapter 14 ; and (3) in paragraph (6), as redesignated— (A) by redesignating subparagraphs (B) through (E) as subparagraphs (D) through (G), respectively; and (B) by inserting after subparagraph (A) the following: (B) Bridge company The term bridge company (C) Covered financial corporation The term covered financial corporation . 7. Limitation on use of Federal funds Notwithstanding any other provision of law, no funds appropriated to the Federal Government may be paid to a covered financial corporation (as defined in section 101(9A) of title 11, United States Code, as amended by section 2(a) of this Act), or to a creditor of any covered financial corporation, to satisfy a claim in a case under chapter 14

Taxpayer Protection and Responsible Resolution Act

Partnerships for Affordability and Student Success Act - Amends the Higher Education Act of 1965 to require states, for academic year 2013 and each of the succeeding four academic years, to maintain their support for: (1) institutions of higher education (IHEs) (excluding support for capital projects, research and development, or tuition and fees paid by students) at least at the level of such support for academic year 2012, and (2) student postsecondary financial aid at least at the level of such support for academic year 2012. Directs the Secretary of Education to waive those requirements if such a waiver would be appropriate due to exceptional or uncontrollable circumstances. Replaces the Leveraging Educational Assistance Partnership program with a program that allots matching incentive grants to states, based on each state's share of students eligible for Federal Pell Grants, to assist states in: providing need-based grants to students attending IHEs or participating in study abroad programs approved for credit by the IHEs, providing subgrants to IHEs or consortia of IHEs to improve student outcomes and to develop and implement practices that reduce costs for students, and providing public accountability and consumer information on the performance of IHEs in the state. Requires each state grantee to have a comprehensive plan for public postsecondary education that: has measurable goals for student outcomes, including enrollment and completion; has measurable college affordability goals; is aligned with the state's workforce and economic development plan; is aligned with the state's elementary and secondary education plan; and addresses the postsecondary education needs of unserved and underserved individuals, including those who are beyond the traditional college age. Requires each state grantee to report annually to the public on its progress in meeting its public postsecondary education goals and comprehensive plan for public higher education. Allows private, nonprofit IHEs to participate on a voluntary basis in a state's comprehensive plan for postsecondary education. Requires at least 70% of the funds allocated to a state to be reserved for need-based grants to students.

116 S3028 IS: Partnerships for Affordability and Student Success Act U.S. Senate 2019-12-11 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 116th CONGRESS 1st Session S. 3028 IN THE SENATE OF THE UNITED STATES December 11, 2019 Mr. Reed Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to strengthen Federal-State partnerships in postsecondary education. 1. Short title This Act may be cited as the Partnerships for Affordability and Student Success Act 2. State commitment to affordable college education Section 137 of the Higher Education Act of 1965 ( 20 U.S.C. 1015f (1) by striking subsection (a) and inserting the following: (a) Maintenance of effort required For the academic year beginning on July 1, 2020, and for each of the 4 succeeding academic years, a State shall— (1) maintain State support for institutions of higher education (not including support for capital projects or research and development, or tuition and fees paid by students) at a level that is equal to or greater than the average level of such support for the 3 most recent academic years for which satisfactory data are available; and (2) maintain State support for student financial aid for paying costs associated with postsecondary education at a level that is equal to or greater than the average level of such support for the 3 most recent academic years for which satisfactory data are available. ; (2) by striking subsection (c) and inserting the following: (c) Waiver (1) In general The Secretary shall waive the requirements of subsection (a) if the Secretary determines that such a waiver would be appropriate due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous decline in the financial resources of a State or State educational agency, as appropriate. (2) Consultation The Secretary shall consult with the States in developing the criteria and procedures for reviewing waiver requests. (3) Timeline Not later than 120 days after the date of enactment of the Partnerships for Affordability and Student Success Act ; and (3) by striking subsection (d). 3. Federal and State partnerships for college access, affordability, and completion Subpart 4 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070c 4 Federal and State partnerships for college access, affordability, and completion 415A. Purpose It is the purpose of this subpart for the Secretary to make incentive grants to States to assist States in— (1) providing grants to eligible students attending institutions of higher education or participating in programs of study abroad that are approved for credit by institutions of higher education at which such students are enrolled; (2) reducing the cost of attendance at public institutions of higher education; (3) providing subgrants to eligible institutions or consortia of eligible institutions— (A) to improve student outcomes, such as completion and transfer rates, attainment of postsecondary degrees and credentials, and workforce outcomes for graduates; and (B) to develop and implement practices that result in reduced costs for students; and (4) providing public accountability and consumer information on the performance of institutions of higher education operating within the State. 415B. State eligibility; eligible institutions (a) Incentive grants The Secretary shall award incentive grants, in accordance with the provisions of this subpart, to States to pay the Federal share of the cost of carrying out the activities described in paragraphs (1) through (3) of section 415A. The incentive grant shall consist of the allotment determined for the State under section 415C. (b) State eligibility In order to be eligible to receive an incentive grant under this subpart, a State shall enter into an agreement with the Secretary. The agreement shall contain the following assurances: (1) Federal funds received by the State under this subpart will supplement and not supplant other Federal and State funds otherwise available to carry out activities described in this subpart. (2) The State will maintain its commitment to affordable higher education as described in section 137. (3) The State will fulfill its role in program integrity under section 495. (4) The State or a State-designated entity has or will develop a comprehensive plan for public postsecondary education that addresses the following: (A) Measurable goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials. (B) Measurable goals for college affordability in the State. (C) Alignment of such plan with the economic development plans that the State may have, including the unified State plan submitted under section 102 of the Workforce Innovation and Opportunity Act. (D) Alignment of such plan with the elementary and secondary education plan for the State. (E) The postsecondary educational needs of unserved and underserved individuals within the State, including individuals beyond traditional college age and students attending part time. (5) The State provides for direct, equitable, and active participation by representatives of institutions of higher education, including the voluntary participation of private, nonprofit institutions of higher education, and other stakeholders in the comprehensive planning process. (c) Eligible institutions In this subpart, the term eligible institution (1) an institution of higher education, as defined in section 101(a); (2) an institution of higher education, as defined in section 101(a), in partnership with— (A) a nonprofit or community-based organization that has demonstrated success in improving student outcomes in postsecondary education; or (B) a local workforce investment board; or (3) a consortium of institutions of higher education, as defined in section 101(a). 415C. Allotment among states (a) Allotment based on number of eligible students in attendance (1) In general Except as provided in subsection (b), from the sums appropriated under section 415H for a fiscal year, the Secretary shall allot to each eligible State for such fiscal year an amount equal to the sum of— (A) an amount that bears the same relationship to 50 percent of the amount appropriated under section 415H for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line applicable to the resident’s family size (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902 (B) an amount that bears the same relationship to 50 percent of the amount appropriated under section 415H for such fiscal year as the number of residents in the State aged 25 and older who have not attained a postsecondary degree or credential (as determined by the American Community Survey) bears to the total number of such residents in all States. (2) Data The Secretary shall calculate such ratio based on data for the most recent year for which satisfactory data are available. (b) Minimum allotment The amount of any eligible State's allotment under subsection (a) for any fiscal year may not be less than 1 percent of the sums appropriated under section 415H for such year. (c) Reallotment The amount of any State’s allotment under subsection (a) for any fiscal year which the Secretary determines will not be required for such fiscal year for the Federal-State partnership program of that State shall be available for reallotment from time to time, on such dates during such year as the Secretary may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use for such year for carrying out the State plan. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. (d) Allotments subject to compliance The Secretary shall make payments for incentive grants under this subpart only to States that continue to meet the requirements of this subpart. 415D. Applications (a) In general In order to receive an incentive grant under this subpart, the State agency with jurisdiction over higher education, or another agency or entity designated by the Governor or chief executive of the State to administer the program under this subpart, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Content of application An application submitted under subsection (a) shall contain— (1) a description of how grant funds will assist the State in meeting its goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials; (2) a description of how the grant funds will assist the State in meeting its goals for college affordability, including any measures to minimize tuition costs at public institutions of higher education and measures to increase the availability of need-based student aid; (3) a description of how grant funds will assist the State in meeting the postsecondary needs of underrepresented or underserved populations in the State, including individuals beyond traditional college age and students attending part time; (4) a description of how the State’s comprehensive plan for public higher education is aligned with the workforce and economic development plans of the State; (5) a description of the process the State will use to make subgrants to eligible institutions or consortia of eligible institutions; (6) a description of how the State will evaluate the effectiveness of such subgrants and how the State will disseminate information on promising practices developed as a result of such subgrants; (7) a description of how the State will make publicly available an annual report on the progress in meeting State goals for public postsecondary education; and (8) a description of the stakeholder consultation, including efforts to engage the voluntary participation of private, nonprofit institutions, carried out in the development of the application. (c) Approval (1) In general An application submitted under subsection (a) shall be subject to the approval of Secretary. (2) Timeline An application submitted under subsection (a) shall be considered to be approved at the end of the 90-day period beginning on the day the application is submitted, unless the Secretary makes a written determination, during the 90-day period, that the application is inconsistent with the provisions of this subpart. 415E. Payment of Federal share of grants (a) In general (1) Distribution A State awarded an incentive grant under this subpart— (A) shall use grant funds to award student grants; and (B) may use grant funds to award subgrants to eligible institutions. (2) Grants to students A State awarded an incentive grant under this subpart shall establish a program to award grants to students that complies with the following: (A) The program is administered by a single State agency. (B) The program provides that an institution of higher education that had a student who received funds under this subpart at any time beginning on July 1, 2010, through the day before the date of enactment of the Partnerships for Affordability and Student Success Act (C) The program provides that such grants to students will be in amounts not to exceed the student’s cost of attendance per academic year for attendance at an institution of higher education. Such grants, in combination with other State or Federal student assistance, shall not exceed the student’s cost of attendance in any given academic year. (D) The program provides for the selection of grant recipients on the basis of substantial financial need determined under part F and by the State. (E) The program provides that if the State’s allotment under this subpart is based, in part, on the financial need demonstrated by students who are independent students or attending the institution less than full time, a reasonable proportion of the State’s allotment shall be made available to such students. (F) The program will notify students receiving grants under this subpart that such grants are Federal-State partnership grants and are funded by the Federal Government and the State. (3) Subgrants to eligible institutions A State awarded an incentive grant under this subpart may establish a program to award subgrants to eligible institutions that complies with the following: (A) The program is administered by a single State agency. (B) The program provides for the selection of subgrant recipients based on criteria set by the State agency. (C) The program provides for subgrants that support activities that will assist the State in achieving— (i) the State’s measurable goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials; (ii) the State’s measurable goals for college affordability, including innovative methods for reducing costs; and (iii) improved workforce outcomes for graduates. (D) The program provides for public dissemination of the results of the subgrant activities. (4) Fiscal control; reports A State awarded an incentive grant under this subpart shall provide— (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid under this subpart; and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform the Secretary's functions under this subpart. (b) Reservation and disbursement of allotments and reallotments (1) In general Upon approval of an application for an incentive grant under this subpart, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the grants to students or subgrants to eligible institutions or consortia of such institutions covered by such application. (2) Payment The Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine. (3) Amendment The Secretary may amend the reservation of any amount under this subsection, either upon approval of an amendment of the application or upon revision of the estimated cost of the grants to students or subgrants to eligible institutions with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval. (c) Federal share The Federal share of the cost of carrying out the activities described in paragraphs (1) through (3) of section 415A is equal to 66.66 percent. (d) Certain activities for which non-Federal share may be provided in cash or in kind For activities described in section 415A(2), the non-Federal share may be provided in cash or in kind, fairly evaluated. (e) Reporting A State that desires to receive payments for continuing incentive grants under this subpart shall report the following information to the Secretary on an annual basis: (1) The State's progress in meeting its goals for college affordability, including measures to minimize tuition increases at public institutions and measures to increase the availability of need-based student aid. (2) The State’s progress in meeting the postsecondary needs of underrepresented or underserved populations in the State. (3) A list of any subgrants made to eligible institutions. (4) The State’s annual report described in section 415F. 415F. Annual reports Each State that receives an allotment under this subpart shall report annually to the public on its progress in meeting its public postsecondary education goals and comprehensive plan for public higher education. Such report shall include— (1) information, as determined by the State in consultation with stakeholders, on student outcomes, including enrollment and completion rates, disaggregated by age, enrollment status, race, ethnicity, disability status, and socio-economic status; (2) information, as determined by the State in consultation with stakeholders, on workforce outcomes for graduates; (3) information on college costs, including tuition increases, student indebtedness, and the availability of need-based aid; and (4) information on the consumer complaints related to the performance of institutions of higher education reported to the State in the prior year. 415G. Participation of private, nonprofit institutions of higher education (a) Voluntary participation A private, nonprofit institution of higher education may voluntarily elect to participate in a State's efforts under the plan described in section 415B(b)(4). A State— (1) shall not require any private, nonprofit institution to participate in such efforts; and (2) may require such an institution that voluntarily elects to participate in such efforts to provide appropriate information to allow the State to assess the institution's progress towards the goals and activities described in subparagraphs (A) through (E) of section 415B(b)(4). (b) Rule of construction Nothing in this subpart, including voluntary participation described in subsection (a), shall be construed to— (1) authorize the Secretary, a State, or an officer or employee of the Department or of a State to exercise any direction, supervision, or control over a private, nonprofit institution of higher education, including control over curriculum, program of instruction, administration, governance, personnel, articulation, the awarding of credit, graduation or degree requirements, or admissions; or (2) limit the application of the General Education Provisions Act. (c) Enforcement If any State fails or refuses to comply with any provision of this section, the State shall no longer be eligible for assistance under this subpart. 415H. Authorization of appropriations; reservations (a) In general There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2021 and each of the 4 succeeding fiscal years. (b) Reservation Not less than 50 percent of funds allotted to a State under this subpart shall be reserved for providing grants to eligible students. (c) Reservation for consumer information and administrative expenses Not more than 8 percent of the funds allotted to a State may be used to provide public accountability and consumer information on the performance of institutions of higher education and for administering the grant. .

Partnerships for Affordability and Student Success Act

Transportation Security Acquisition Reform Act - (Sec. 3) Amends the Homeland Security Act of 2002 to direct the Administrator of the Transportation Security Administration (TSA) to: develop and update biennially a strategic five-year technology investment plan, which may include a classified addendum to report sensitive transportation security risks, technology vulnerabilities, or other sensitive security information; and publish the plan in an unclassified form in the public domain. Directs the Administrator, before acquiring any security-related technology, to analyze whether acquisition is justified. Requires the Administrator, 30 days before any TSA award of a contract for acquisitions exceeding $30 million, to report to Congress the results of the analysis and certify that the transportation security benefits justify the contract cost. Requires the appropriate TSA acquisition official to establish certain performance baseline requirements before any TSA security-related technology acquisition. Requires that official to review and assess each acquisition for meeting the baseline requirements and to report the results to Congress. Requires the Administrator, before procuring additional quantities of equipment to fulfill a TSA mission need, to utilize, to the extent practicable, any existing units in the TSA's inventory to meet that need. Directs the Administrator to report annually to Congress on TSA's performance record in meeting its goals for contracting with small businesses. Directs the Administrator to execute all responsibilities set forth in this Act in a manner consistent with the Federal Acquisition Regulation and TSA policies and directives. (Sec. 4) Directs the Comptroller General (GAO) to: (1) assess TSA's implementation of GAO recommendations regarding the acquisition of security-related technology made before enactment of this Act, and (2) evaluate TSA's progress in implementing this Act. (Sec. 5) Directs the Administrator to report to Congress on the feasibility of tracking TSA security-related technology, including software solutions, through automated information and data capture technologies. (Sec. 6) Directs the GAO to evaluate TSA's testing and evaluation process relating to security-related technology. (Sec. 7) Requires this Act to be carried out using amounts otherwise available. Declares that no additional appropriations are authorized to carry out this Act.

113 S1893 RS: Transportation Security Acquisition Reform Act U.S. Senate 2013-12-20 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 Calendar No. 599 113th CONGRESS 2d Session S. 1893 [Report No. 113–274] IN THE SENATE OF THE UNITED STATES December 20, 2013 Ms. Ayotte Mr. Blunt Mr. Blumenthal Committee on Commerce, Science, and Transportation November 17, 2014 Reported by Mr. Rockefeller Strike out all after the enacting clause and insert the part printed in italic A BILL To require the Transportation Security Administration to implement best practices and improve transparency with regard to technology acquisition programs, and for other purposes. 1. Short title This Act may be cited as the Transportation Security Acquisition Reform Act 2. Findings Congress finds the following: (1) The Transportation Security Administration (referred to in this Act as TSA (2) TSA has not developed a multiyear technology investment plan. As a result, TSA has underutilized innovation opportunities within the private sector, including from small businesses. (3) Due in part to the deficiencies referred to in paragraphs (1) and (2), TSA has faced challenges in meeting key performance requirements for several major acquisitions and procurements, resulting in reduced security effectiveness and wasted expenditures. 3. Transportation Security Administration acquisition reform (a) In general Title XVI of the Homeland Security Act of 2002 (116 Stat. 2312 et seq.) is amended to read as follows: XVI Transportation security A General provisions 1601. Definitions In this title: (1) Administration The term Administration (2) Administrator The term Administrator (3) Plan The term Plan (4) Security-related technology The term security-related technology B Transportation security administration acquisition improvements 1611. Multiyear technology investment plan (a) In general The Administrator— (1) not later than 180 days after the date of the enactment of this subtitle, shall develop and submit to Congress a strategic multiyear technology investment plan, which may include a classified addendum to report sensitive transportation security risks, technology vulnerabilities, or other sensitive security information; and (2) to the extent possible, shall publish the Plan in an unclassified format within the public domain. (b) Consultation The Administrator shall develop the Plan in consultation with— (1) the Under Secretary for Management; (2) the Chief Information Officer; and (3) the Under Secretary for Science and Technology. (c) Approval The Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary. (d) Contents of Plan The Plan shall include— (1) an analysis of transportation security risks and the associated technology gaps, including consideration of the most recent Quadrennial Homeland Security Review under section 707; (2) a set of transportation security-related technology acquisition needs that— (A) is prioritized based on risk and gaps identified under paragraph (1); and (B) includes planned technology programs and projects with defined objectives, goals, and measures; (3) an analysis of current trends in domestic and international passenger travel; (4) an identification of currently deployed security-related technologies that are at or near the end of their lifecycle; (5) an identification of test, evaluation, modeling, and simulation capabilities that will be required to support the acquisition of the security-related technologies to meet those needs; (6) an identification of opportunities for public-private partnerships, small and disadvantaged company participation, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer; (7) an identification of the Administration’s acquisition workforce needs that will be required for the management of planned security-related technology acquisitions, including consideration of leveraging acquisition expertise of other Federal agencies; (8) an identification of the security resources, including information security resources, that will be required to protect security-related technology from physical or cyber theft, diversion, sabotage, or attack; and (9) an identification of initiatives to streamline the Administration’s acquisition process and provide greater predictability and clarity to small, medium, and large businesses, including the timeline for testing and evaluation. (e) Leveraging the private sector To the extent possible, and in a manner that is consistent with fair and equitable practices, the Plan shall— (1) leverage emerging technology trends and research and development investment trends within the public and private sectors; (2) incorporate feedback and input received from the private sector through requests for information, industry days, and other innovative means consistent with the Federal Acquisition Regulation; and (3) leverage market research conducted by the Under Secretary for Science and Technology to identify technologies that exist or are in development that, with or without adaptation, could be utilized to meet mission needs. (f) Disclosure The Administrator shall include with the Plan a list of any nongovernment persons that contributed to the writing of the Plan. (g) Update and report Once every 2 years after the initial strategic Plan is submitted to Congress, the Administrator shall submit to Congress— (1) an update of the Plan; and (2) a report on the extent to which each security-related technology acquired by the Administration since the last issuance or update of the Plan is consistent with the planned technology programs and projects identified under subsection (d)(2) for that technology. 1612. Acquisition justification and reports (a) Acquisition justification Before the Administration implements any security-related technology acquisition, the Administrator, in accordance with the Department’s policies and directives, shall determine whether the acquisition is justified by conducting a comprehensive analysis that includes— (1) an identification of the type and level of risk to transportation security that would be addressed by such technology acquisition; (2) an assessment of how the proposed acquisition aligns to the multiyear technology investment plan developed under section 1611; (3) a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security; (4) an analysis of alternative security solutions to determine if the proposed technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations; (5) an evaluation of the privacy and civil liberties implications of the proposed acquisition that includes, to the extent practicable, consultation with organizations that advocate for the protection of privacy and civil liberties, and a determination that the proposed acquisition is consistent with fair information practice principles issued by the Privacy Officer of the Department; and (6) confirmation that there are no significant risks to human health and safety posed by the proposed acquisition. (b) Reports and certification to Congress (1) In general Not later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, the Administrator shall submit, to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (A) the results of the comprehensive acquisition analysis required under this section; and (B) a certification by the Administrator that the security benefits justify the contract cost. (2) Extension due to imminent terrorist threat If there is a known or suspected imminent threat to transportation security, the Administrator— (A) may reduce the 30-day period under paragraph (1) to 5 days in order to rapidly respond; and (B) shall provide immediate notice of such imminent threat to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives 1613. Acquisition baseline establishment and reports (a) Baseline requirements (1) In general Before the Administration implements any security-related technology acquisition, the appropriate acquisition official of the Department shall establish and document a set of formal baseline requirements. (2) Contents The baseline requirements under paragraph (1) shall— (A) include the estimated costs (including lifecycle costs), schedule, and performance milestones for the planned duration of the acquisition; and (B) identify the acquisition risks and a plan for mitigating these risks. (3) Feasibility In establishing the performance milestones under paragraph (2)(A), the appropriate acquisition official of the Department, to the extent possible and in consultation with the Under Secretary for Science and Technology, shall ensure that achieving these milestones is technologically feasible. (4) Test and evaluation plan The Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes— (A) the activities that will be required to assess acquired technologies against the performance milestones established under paragraph (2)(A); (B) the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that such technologies meet the Administration’s mission needs; and (C) an efficient schedule to ensure that test and evaluation activities are completed without undue delay. (5) Verification and validation The appropriate acquisition official of the Department— (A) subject to subparagraph (B), shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2) for a security-related technology that pursuant to section 1611(d)(2) has been identified as a high priority need in the most recent multiyear technology investment plan; and (B) shall ensure that the utilization of independent reviewers does not unduly delay the schedule of any acquisition. (6) Streamlining access for interested vendors The Administrator shall establish a streamlined process for an interested vendor of a security-related technology to request and receive appropriate access to the baseline requirements and test and evaluation plans that are necessary for the vendor to participate in the acquisitions process for such technology. (b) Review of baseline requirements and deviation; report to congress (1) Review (A) In general The appropriate acquisition official of the Department shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under subsection (a). (B) Test and evaluation assessment The review shall include an assessment of whether— (i) the planned testing and evaluation activities have been completed; and (ii) the results of such testing and evaluation demonstrate that the performance milestones are technologically feasible. (2) Report Not later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (A), the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (A) the results of any assessment that finds that— (i) the actual or planned costs exceed the baseline costs by more than 10 percent; (ii) the actual or planned schedule for delivery has been delayed by more than 180 days; or (iii) there is a failure to meet any performance milestone that directly impacts security effectiveness; (B) the cause for such excessive costs, delay, or failure; and (C) a plan for corrective action. 1614. Inventory utilization (a) In general Before the procurement of additional quantities of equipment to fulfill a mission need, the Administrator, to the extent practicable, shall utilize any existing units in the Administration’s inventory to meet that need. (b) Tracking of inventory (1) In general The Administrator shall establish a process for tracking— (A) the location of security-related equipment in such inventory; (B) the utilization status of security-related technology in such inventory; and (C) the quantity of security-related equipment in such inventory. (2) Internal controls The Administrator shall implement internal controls to ensure accurate data on security-related technology utilization. (c) Logistics management (1) In general The Administrator shall establish logistics principles for managing inventory in an effective and efficient manner. (2) Limitation on just-in-time logistics The Administrator may not use just-in-time logistics if doing so would— (A) inhibit necessary planning for large-scale delivery of equipment to airports or other facilities; or (B) unduly diminish surge capacity for response to a terrorist threat. 1615. Small business contracting goals Not later than 90 days after the date of enactment of this subtitle, and annually thereafter, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (1) a restatement of the Administration’s published goals for contracting with small businesses, including small and disadvantaged businesses; (2) the Administration’s performance record with respect to meeting the goals referred to in paragraph (1) during the preceding fiscal year; (3) if the goals referred to in paragraph (1) were not met or the Administration's performance was below the published goals of the Department— (A) an itemized list of challenges, including deviations from the Administration’s subcontracting plans, that contributed to the level of performance during the preceding fiscal year; and (B) the extent to which contract bundling was a contributing factor to such level of performance; (4) an action plan, with benchmarks, for addressing each of the challenges identified in paragraph (3)(A), which— (A) was prepared after consultation with the Secretary of Defense and the heads of Federal departments and agencies that achieved their published goals for prime contracting with small and minority owned businesses, including small and disadvantaged businesses, in prior fiscal years; and (B) identifies policies and procedures that could be incorporated by the Administration in furtherance of achieving the Administration’s published goal for such contracting; and (5) a status report on the implementation of the action plan that was developed in the preceding fiscal year in accordance with paragraph (4). 1616. Consistency with the Federal acquisition regulation and departmental policies and directives The Administrator shall execute the responsibilities set forth in this subtitle in a manner consistent with, and not duplicative of, the Federal Acquisition Regulation and the Department’s policies and directives. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to title XVI and inserting the following: TITLE XVI—Transportation security Subtitle A—General provisions Sec. 1601. Definitions. Subtitle B—Transportation security administration acquisition improvements Sec. 1611. Multiyear technology investment plan. Sec. 1612. Acquisition justification and reports. Sec. 1613. Acquisition baseline establishment and reports. Sec. 1614. Inventory utilization. Sec. 1615. Small business contracting goals. Sec. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives. . (c) Prior amendments not affected Nothing in this section may be construed to affect any amendment made by title XVI of the Homeland Security Act of 2002 as in effect before the date of the enactment of this Act. 4. Government Accountability Office reports (a) Implementation of previous recommendations Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains an assessment of the Transportation Security Administration’s implementation of recommendations regarding the acquisition of technology that were made by the Government Accountability Office before the date of the enactment of this Act. (b) Implementation of Subtitle B of Title XVI Not later than 1 year after the date of the enactment of this Act and 3 years thereafter, the Comptroller General of the United States shall submit a report to Congress that contains an evaluation of the Transportation Security Administration’s progress in implementing subtitle B of title XVI of the Homeland Security Act of 2002 (116 Stat. 2312), including any efficiencies, cost savings, or delays that have resulted from such implementation. 5. Report on feasibility of inventory tracking Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit a report to Congress on the feasibility of tracking transportation security-related technology of the Administration through automated information and data capture technologies. 6. Government accountability office review of TSA’s test and evaluation process Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes— (1) an evaluation of the Transportation Security Administration’s testing and evaluation activities related to security-related technologies; (2) information on the extent to which— (A) the execution of such testing and evaluation activities is aligned, temporally and otherwise, with the Administration’s acquisition needs, planned procurements, and acquisitions for technology programs and projects; and (B) security-related technologies that have been tested, evaluated, and certified for use by the Administration are not procured by the Administration, including the reasons for such failure to procure; and (3) recommendations— (A) to improve the efficiency and efficacy of such testing and evaluation activities; and (B) to better align such testing and evaluation with the acquisitions process. 7. No additional authorization of appropriations This Act and the amendments made by this Act shall be carried out using amounts otherwise available for such purpose. No additional funds are authorized to be appropriated to carry out this Act or such amendments. 1. Short title This Act may be cited as the Transportation Security Acquisition Reform Act 2. Findings Congress finds the following: (1) The Transportation Security Administration has not consistently implemented Department of Homeland Security policies and Government best practices for acquisition and procurement. (2) The Transportation Security Administration has only recently developed a multiyear technology investment plan, and has underutilized innovation opportunities within the private sector, including from small businesses. (3) The Transportation Security Administration has faced challenges in meeting key performance requirements for several major acquisitions and procurements, resulting in reduced security effectiveness and wasted expenditures. 3. Transportation Security Administration acquisition reform (a) In general Title XVI of the Homeland Security Act of 2002 (116 Stat. 2312) is amended to read as follows: XVI Transportation security A General provisions 1601. Definitions In this title: (1) Administration The term Administration (2) Administrator The term Administrator (3) Plan The term Plan (4) Security-related technology The term security-related technology B Transportation security administration acquisition improvements 1611. 5-year technology investment plan (a) In general The Administrator shall— (1) not later than 180 days after the date of the enactment of the Transportation Security Acquisition Reform Act (2) to the extent possible, publish the Plan in an unclassified format in the public domain. (b) Consultation The Administrator shall develop the Plan in consultation with— (1) the Under Secretary for Management; (2) the Under Secretary for Science and Technology; (3) the Chief Information Officer; and (4) the aviation industry stakeholder advisory committee established by the Administrator. (c) Approval The Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary. (d) Contents of Plan The Plan shall include— (1) an analysis of transportation security risks and the associated capability gaps that would be best addressed by security-related technology, including consideration of the most recent Quadrennial Homeland Security Review under section 707; (2) a set of security-related technology acquisition needs that— (A) is prioritized based on risk and associated capability gaps identified under paragraph (1); and (B) includes planned technology programs and projects with defined objectives, goals, timelines, and measures; (3) an analysis of current and forecast trends in domestic and international passenger travel; (4) an identification of currently deployed security-related technologies that are at or near the end of their lifecycles; (5) an identification of test, evaluation, modeling, and simulation capabilities, including target methodologies, rationales, and timelines necessary to support the acquisition of the security-related technologies expected to meet the needs under paragraph (2); (6) an identification of opportunities for public-private partnerships, small and disadvantaged company participation, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer; (7) an identification of the Administration’s acquisition workforce needs that will be required for the management of planned security-related technology acquisitions, including consideration of leveraging acquisition expertise of other Federal agencies; (8) an identification of the security resources, including information security resources, that will be required to protect security-related technology from physical or cyber theft, diversion, sabotage, or attack; (9) an identification of initiatives to streamline the Administration’s acquisition process and provide greater predictability and clarity to small, medium, and large businesses, including the timeline for testing and evaluation; (10) an assessment of the impact to commercial aviation passengers; (11) a strategy for consulting airport management, airline representatives, and Federal security directors whenever an acquisition will lead to the removal of equipment at airports, and how the strategy for consulting with such officials of the relevant airports will address potential negative impacts on commercial passengers or airport operations; and (12) in consultation with the National Institutes of Standards and Technology, an identification of security-related technology interface standards, in existence or if implemented, that could promote more interoperable passenger, baggage, and cargo screening systems. (e) Leveraging the private sector To the extent possible, and in a manner that is consistent with fair and equitable practices, the Plan shall— (1) leverage emerging technology trends and research and development investment trends within the public and private sectors; (2) incorporate private sector input, including from the aviation industry stakeholder advisory committee established by the Administrator, through requests for information, industry days, and other innovative means consistent with the Federal Acquisition Regulation; and (3) in consultation with the Under Secretary for Science and Technology, identify technologies in existence or in development that, with or without adaptation, are expected to be suitable to meeting mission needs. (f) Disclosure The Administrator shall include with the Plan a list of nongovernment persons that contributed to the writing of the Plan. (g) Update and report Beginning 2 years after the date the Plan is submitted to Congress under subsection (a), and biennially thereafter, the Administrator shall submit to Congress— (1) an update of the Plan; and (2) a report on the extent to which each security-related technology acquired by the Administration since the last issuance or update of the Plan is consistent with the planned technology programs and projects identified under subsection (d)(2) for that security-related technology. 1612. Acquisition justification and reports (a) Acquisition justification Before the Administration implements any security-related technology acquisition, the Administrator, in accordance with the Department's policies and directives, shall determine whether the acquisition is justified by conducting an analysis that includes— (1) an identification of the scenarios and level of risk to transportation security from those scenarios that would be addressed by the security-related technology acquisition; (2) an assessment of how the proposed acquisition aligns to the Plan; (3) a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security; (4) an analysis of alternative security solutions, including policy or procedure solutions, to determine if the proposed security-related technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations; (5) an assessment of the potential privacy and civil liberties implications of the proposed acquisition that includes, to the extent practicable, consultation with organizations that advocate for the protection of privacy and civil liberties; (6) a determination that the proposed acquisition is consistent with fair information practice principles issued by the Privacy Officer of the Department; (7) confirmation that there are no significant risks to human health or safety posed by the proposed acquisition; and (8) an estimate of the benefits to commercial aviation passengers. (b) Reports and certification to Congress (1) In general Not later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (A) the results of the comprehensive acquisition justification under subsection (a); and (B) a certification by the Administrator that the benefits to transportation security justify the contract cost. (2) Extension due to imminent terrorist threat If there is a known or suspected imminent threat to transportation security, the Administrator— (A) may reduce the 30-day period under paragraph (1) to 5 days to rapidly respond to the threat; and (B) shall immediately notify the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives 1613. Acquisition baseline establishment and reports (a) Baseline requirements (1) In general Before the Administration implements any security-related technology acquisition, the appropriate acquisition official of the Department shall establish and document a set of formal baseline requirements. (2) Contents The baseline requirements under paragraph (1) shall— (A) include the estimated costs (including lifecycle costs), schedule, and performance milestones for the planned duration of the acquisition; (B) identify the acquisition risks and a plan for mitigating these risks; and (C) assess the personnel necessary to manage the acquisition process, manage the ongoing program, and support training and other operations as necessary. (3) Feasibility In establishing the performance milestones under paragraph (2)(A), the appropriate acquisition official of the Department, to the extent possible and in consultation with the Under Secretary for Science and Technology, shall ensure that achieving these milestones is technologically feasible. (4) Test and evaluation plan The Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes— (A) the activities that are expected to be required to assess acquired technologies against the performance milestones established under paragraph (2)(A); (B) the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that such technologies meet the Administration’s mission needs; (C) an efficient planning schedule to ensure that test and evaluation activities are completed without undue delay; and (D) if commercial aviation passengers are expected to interact with the security-related technology, methods that could be used to measure passenger acceptance of and familiarization with the security-related technology. (5) Verification and validation The appropriate acquisition official of the Department— (A) subject to subparagraph (B), shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2) for a security-related technology that pursuant to section 1611(d)(2) has been identified as a high priority need in the most recent Plan; and (B) shall ensure that the use of independent reviewers does not unduly delay the schedule of any acquisition. (6) Streamlining access for interested vendors The Administrator shall establish a streamlined process for an interested vendor of a security-related technology to request and receive appropriate access to the baseline requirements and test and evaluation plans that are necessary for the vendor to participate in the acquisitions process for that technology. (b) Review of baseline requirements and deviation; report to congress (1) Review (A) In general The appropriate acquisition official of the Department shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under subsection (a). (B) Test and evaluation assessment The review shall include an assessment of whether— (i) the planned testing and evaluation activities have been completed; and (ii) the results of that testing and evaluation demonstrate that the performance milestones are technologically feasible. (2) Report Not later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (A), the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (A) the results of any assessment that finds that— (i) the actual or planned costs exceed the baseline costs by more than 10 percent; (ii) the actual or planned schedule for delivery has been delayed by more than 180 days; or (iii) there is a failure to meet any performance milestone that directly impacts security effectiveness; (B) the cause for that excessive costs, delay, or failure; and (C) a plan for corrective action. 1614. Inventory utilization (a) In general Before the procurement of additional quantities of equipment to fulfill a mission need, the Administrator, to the extent practicable, shall utilize any existing units in the Administration’s inventory to meet that need. (b) Tracking of inventory (1) In general The Administrator shall establish a process for tracking— (A) the location of security-related equipment in the inventory under subsection (a); (B) the utilization status of security-related technology in the inventory under subsection (a); and (C) the quantity of security-related equipment in the inventory under subsection (a). (2) Internal controls The Administrator shall implement internal controls to ensure up-to-date accurate data on security-related technology owned, deployed, and in use. (c) Logistics management (1) In general The Administrator shall establish logistics principles for managing inventory in an effective and efficient manner. (2) Limitation on just-in-time logistics The Administrator may not use just-in-time logistics if doing so— (A) would inhibit necessary planning for large-scale delivery of equipment to airports or other facilities; or (B) would unduly diminish surge capacity for response to a terrorist threat. 1615. Small business contracting goals Not later than 90 days after the date of enactment of the Transportation Security Acquisition Reform Act Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (1) the Administration’s performance record with respect to meeting its published small-business contracting goals during the preceding fiscal year; (2) if the goals described in paragraph (1) were not met or the Administration's performance was below the published small-business contracting goals of the Department— (A) a list of challenges, including deviations from the Administration’s subcontracting plans, and factors that contributed to the level of performance during the preceding fiscal year; (B) an action plan, with benchmarks, for addressing each of the challenges identified in subparagraph (A), which— (i) was prepared after consultation with the Secretary of Defense and the heads of Federal departments and agencies that achieved their published goals for prime contracting with small and minority owned businesses, including small and disadvantaged businesses, in prior fiscal years; and (ii) identifies policies and procedures that could be incorporated by the Administration in furtherance of achieving the Administration’s published goal for such contracting; and (3) a status report on the implementation of the action plan that was developed in the preceding fiscal year in accordance with paragraph (2)(B), if such a plan was required. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives The Administrator shall execute the responsibilities set forth in this subtitle in a manner consistent with, and not duplicative of, the Federal Acquisition Regulation and the Department's policies and directives. . (b) Conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by striking the items relating to title XVI and inserting the following: TITLE XVI—Transportation security Subtitle A—General provisions Sec. 1601. Definitions. Subtitle B—Transportation security administration acquisition improvements Sec. 1611. 5-year technology investment plan. Sec. 1612. Acquisition justification and reports. Sec. 1613. Acquisition baseline establishment and reports. Sec. 1614. Inventory utilization. Sec. 1615. Small business contracting goals. Sec. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives. . (c) Prior amendments not affected Nothing in this section may be construed to affect any amendment made by title XVI of the Homeland Security Act of 2002 as in effect before the date of enactment of this Act. 4. Government Accountability Office reports (a) Implementation of previous recommendations Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains an assessment of the Transportation Security Administration’s implementation of recommendations regarding the acquisition of security-related technology that were made by the Government Accountability Office before the date of the enactment of this Act. (b) Implementation of subtitle B of Title XVI Not later than 1 year after the date of the enactment of this Act and 3 years thereafter, the Comptroller General of the United States shall submit a report to Congress that contains an evaluation of the Transportation Security Administration’s progress in implementing subtitle B of title XVI of the Homeland Security Act of 2002 (116 Stat. 2312), including any efficiencies, cost savings, or delays that have resulted from such implementation. 5. Report on feasibility of inventory tracking Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit a report to Congress on the feasibility of tracking security-related technology, including software solutions, of the Administration through automated information and data capture technologies. 6. Government accountability office review of TSA’s test and evaluation process Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes— (1) an evaluation of the Transportation Security Administration’s testing and evaluation activities related to security-related technology; (2) information on the extent to which— (A) the execution of such testing and evaluation activities is aligned, temporally and otherwise, with the Administration’s annual budget request, acquisition needs, planned procurements, and acquisitions for technology programs and projects; and (B) security-related technology that has been tested, evaluated, and certified for use by the Administration but was not procured by the Administration, including the reasons the procurement did not occur; and (3) recommendations— (A) to improve the efficiency and efficacy of such testing and evaluation activities; and (B) to better align such testing and evaluation with the acquisitions process. 7. No additional authorization of appropriations This Act and the amendments made by this Act shall be carried out using amounts otherwise available for such purpose. No additional funds are authorized to be appropriated to carry out this Act or such amendments. November 17, 2014 Reported with an amendment

Transportation Security Acquisition Reform Act

Centennial Monetary Commission Act of 2013 - Establishes the Centennial Monetary Commission to: (1) examine how U.S. monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the U.S. economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term; and (3) recommend a course for U.S. monetary policy going forward.

113 S1895 IS: Centennial Monetary Commission Act of 2013 U.S. Senate 2014-01-06 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 113th CONGRESS 2d Session S. 1895 IN THE SENATE OF THE UNITED STATES January 6, 2014 Mr. Cornyn Committee on Banking, Housing, and Urban Affairs A BILL To establish a commission to examine the United States monetary policy, evaluate alternative monetary regimes, and recommend a course for monetary policy going forward. 1. Short title This Act may be cited as the Centennial Monetary Commission Act of 2013 2. Findings Congress finds the following: (1) The Constitution endows Congress with the power to coin money, regulate the value thereof (2) Following the financial crisis known as the Panic of 1907, Congress established the National Monetary Commission to provide recommendations for the reform of the financial and monetary systems of the United States. (3) Incorporating several of the recommendations of the National Monetary Commission, Congress created the Federal Reserve System in 1913. As currently organized, the Federal Reserve System consists of the Board of Governors in Washington, District of Columbia, and the Federal Reserve Banks organized into 12 districts around the United States. The stockholders of the 12 Federal Reserve Banks include national and certain state-chartered commercial banks, which operate on a fractional reserve basis. (4) Originally, Congress gave the Federal Reserve a monetary mandate to provide an elastic currency, within the context of a gold standard, in response to seasonal fluctuations in the demand for currency. (5) Congress also gave the Federal Reserve a financial stability mandate to serve as the lender of last resort to solvent but illiquid banks during a financial crisis. (6) In 1977, Congress changed the monetary mandate of the Federal Reserve to a dual mandate for maximum employment and stable prices. (7) Empirical studies and historical evidence, both within the United States and in other countries, demonstrate that price stability is desirable because both inflation and deflation damage the economy. (8) The economic challenge of recent years—most notably the bursting of the housing bubble, the financial crisis of 2008, and the ensuing anemic recovery—have occurred at great cost in terms of lost jobs and output. (9) Policymakers are reexamining the structure and functioning of financial institutions and markets to determine what, if any, changes need to be made to place the financial system on a stronger, more sustainable path going forward. (10) The Federal Reserve has taken extraordinary actions in response to the recent economic challenges. (11) The Federal Open Market Committee has engaged in multiple rounds of quantitative easing, providing unprecedented liquidity to financial markets, while committing to holding short-term interest rates low for a seemingly indefinite period, and pursuing a policy of credit allocation by purchasing Federal agency debt and mortgage-backed securities. (12) In the wake of the recent extraordinary actions of the Federal Reserve, Congress—consistent with its constitutional responsibilities and as it has done periodically throughout the history of the United States—has once again renewed its examination of monetary policy. (13) Central in such examination has been a renewed look at what is the most proper mandate for the Federal Reserve to conduct monetary policy in the 21st century. 3. Establishment There is established a commission to be known as the Centennial Monetary Commission Commission 4. Duties (a) Study of monetary policy The Commission shall— (1) examine how United States monetary policy since the creation of the Board of Governors of the Federal Reserve System in 1913 has affected the performance of the United States economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board of Governors of the Federal Reserve System and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term, including— (A) discretion in determining monetary policy without an operational regime; (B) price level targeting; (C) inflation rate targeting; (D) nominal gross domestic product targeting (both level and growth rate); (E) the use of monetary policy rules; and (F) the gold standard; and (3) recommend a course for United States monetary policy going forward, including— (A) the legislative mandate; (B) the operational regime; (C) the securities used in open market operations; and (D) transparency issues. (b) Report on monetary policy Not later than June 30, 2014, the Commission shall submit to Congress and make publicly available a report containing a statement of the findings and conclusions of the Commission in carrying out the study under subsection (a), together with the recommendations the Commission considers appropriate. 5. Membership (a) Number and appointment (1) Voting members by position The Commission shall contain 6 voting members as follows: (A) The Chair of the Joint Economic Committee, who shall serve as Chair of the Commission. (B) The ranking minority member of the Joint Economic Committee, who shall serve as Vice Chair of the Commission. (C) The Chair of the Committee on Financial Services of the House of Representatives or another majority member of such Committee designated by the Chair. (D) The ranking minority member of the Committee on Financial Services of the House of Representatives or another minority member of such Committee designated by the ranking minority member. (E) The Chair of the Committee on Banking, Housing, and Urban Affairs of the Senate or another majority member of such Committee designated by the Chair. (F) The ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate or another minority member of such Committee designated by the ranking minority member. (2) Appointed voting members The Commission shall contain 6 voting members, who may not be Members of Congress, as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) One member appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) One member appointed by the minority leader of the Senate. (3) Non-voting members The Commission shall contain 2 non-voting members as follows: (A) One member appointed by the Secretary of the Treasury. (B) One member who is the president of a district Federal reserve bank appointed by the Chair of the Board of Governors of the Federal Reserve System. (b) Period of Appointment Each member shall be appointed for the life of the Commission. (c) Timing of appointment All members of the Commission shall be appointed not before January 5, 2013, and not later than 30 days after the date of the enactment of this Act. (d) Vacancies A vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Meetings (1) Initial meeting The Commission shall hold its initial meeting and begin the operations of the Commission as soon as is practicable. (2) Further Meetings The Commission shall meet upon the call of the Chair or a majority of its members. (f) Quorum Seven voting members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Member of Congress Defined In this section, the term Member of Congress 6. Powers (a) Hearings and sessions The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, or administer oaths as the Commission or such subcommittee or member thereof considers appropriate. (b) Contract authority To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 (c) Obtaining official data (1) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, any information, including suggestions, estimates, or statistics, for the purposes of this Act. (2) Requesting official data The head of such department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government shall, to the extent authorized by law, furnish such information upon request made by— (A) the Chair; (B) the Chair of any subcommittee created by a majority of the Commission; or (C) any member of the Commission designated by a majority of the commission to request such information. (d) Assistance From Federal Agencies (1) General services administration The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies In addition to the assistance prescribed in paragraph (1), at the request of the Commission, departments and agencies of the United States shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (e) Postal service The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. 7. Commission personnel (a) Appointment and compensation of staff (1) In General Subject to rules prescribed by the Commission, the Chair may appoint and fix the pay of the executive director and other personnel as the Chair considers appropriate. (2) Applicability of civil service laws The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (b) Consultants The Commission may procure temporary and intermittent services under section 3109(b) (c) Staff of federal agencies Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this Act. 8. Termination (a) In general The Commission shall terminate on February 28, 2015. (b) Administrative Activities before termination The Commission may use the period between the submission of its report and its termination for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its report. 9. Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act and such sums shall remain available until the date on which the Commission terminates.

Centennial Monetary Commission Act of 2013

Manufacturing Communities Investment Act - Amends the Internal Revenue Code, with respect to the new markets tax credit, to: (1) increase to $5 billion and extend through 2016 the national limitation amount for such credit, and (2) allow an additional $1 billion allocation of such credit in 2014, 2015, and 2016, for a qualified community development entity only if a significant mission of such entity is providing investments and services to manufacturing businesses in communities that have suffered major manufacturing job losses or a major job loss event.

113 S1896 IS: Manufacturing Communities Investment Act U.S. Senate 2014-01-07 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 113th CONGRESS 2d Session S. 1896 IN THE SENATE OF THE UNITED STATES January 7, 2014 Mr. Brown Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to extend the new markets tax credit and provide designated allocations for areas impacted by a decline in manufacturing. 1. Short title This Act may be cited as the Manufacturing Communities Investment Act 2. Extension of new markets tax credit with designated allocations for areas impacted by decline in manufacturing (a) Extension of credit Section 45D(f)(1) , and (H) $5,000,000,000 for 2014, 2015, and 2016. . (b) Allocations designated for areas impacted by decline in manufacturing Section 45D(f) of such Code is amended by adding at the end the following new paragraph: (4) Allocations for areas impacted by decline in manufacturing The new markets tax credit limitation otherwise determined under paragraph (1) for calendar years 2014, 2015, and 2016 shall each be increased by $1,000,000,000. A qualified community development entity shall be eligible for an allocation under paragraph (2) of the increase described in the preceding sentence only if a significant mission of such entity is providing investments and services to persons in the trade or business of manufacturing products in communities which have suffered major manufacturing job losses or a major manufacturing job loss event, as designated by the Secretary. Paragraph (3) shall be applied separately with respect to the increase provided under this paragraph. . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2013.

Manufacturing Communities Investment Act

Personal Data Privacy and Security Act of 2014 - Defines "sensitive personally identifiable information" to include: (1) specified combinations of data elements in electronic or digital form, such as an individual's name, home address or telephone number, mother's maiden name, and date of birth; (2) a non-truncated social security number, driver's license number, passport number, or government-issued unique identification number; (3) unique biometric data; (4) a unique account identifier; and (5) any security code, access code, password, or secure code that could be used to generate such codes or passwords. Title I: Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security - Amends the federal criminal code to make fraud in connection with the unauthorized access of personally identifiable information (in electronic or digital form) a predicate for instituting a prosecution for racketeering. Imposes a prison term of up to five years and/or a fine on any individual who has knowledge of and intentionally and willfully conceals a security breach and such breach results in economic harm of $1,000 or more to any individual. Grants the Secret Service and the Federal Bureau of Investigation (FBI) authority to investigate criminal concealments of security breaches. Increases penalties for fraud and related activity, and imposes criminal penalties for attempts and conspiracies to commit fraud and related activity, in connection with computers. Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization. Modifies criminal and civil forfeiture provisions, including requiring certain civil forfeiture seizures and forfeitures to be performed by persons designated for that purpose by the Secretary of Homeland Security (DHS) or the Attorney General (DOJ). Prohibits civil actions involving unauthorized use of a protected computer if a violation of a contractual obligation or agreement constitutes the sole basis for determining that access to the computer is unauthorized. Directs the Attorney General to report the number of criminal cases that involve: (1) unauthorized access to a nongovernmental computer, and (2) conduct in which the sole basis for such a determination was that the defendant violated a contractual obligation or agreement with a service provider or employer. Prohibits, during and in relation to a felony violation of provisions regarding fraud and related activity in connection with computers, intentionally causing or attempting to cause damage to a critical infrastructure computer if such damage results or would have resulted in the substantial impairment of the operation of that computer or associated critical infrastructure. Excludes from the definition of "exceeds authorized access" for purposes of the prohibition against fraudulent use of computers, access in violation of a contractual obligation or agreement with an Internet service provider, Internet website, or nongovernment employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized. Title II: Privacy and Security of Personally Identifiable Information - Subjects a business entity engaging in interstate commerce that involves collecting, accessing, transmitting, using, storing, or disposing of sensitive information in electronic or digital form on 10,000 or more U.S. persons to the requirements for the data privacy and security program established by this title. Excepts: (1) financial institutions subject to the data security requirements and standards under the Gramm-Leach-Bliley Act; (2) specified entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA); (3) service providers for any electronic communication by a third-party to the extent that such provider is exclusively engaged in the transmission, routing, or temporary, intermediate, or transient storage of that communication; and (4) public records not otherwise subject to a confidentiality or nondisclosure requirement. Deems a business entity to be in compliance with such requirements if the entity complies with or provides protection equal to industry standards or standards widely accepted as an effective industry practice that are applicable to the type of sensitive information involved in the ordinary course of business. Requires a business entity subject to this title to: (1) comply with specified safeguards identified by the FTC in a rulemaking process for the protection of sensitive personally identifiable information; and (2) implement a comprehensive personal data privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the entity and the nature and scope of its activities. Requires such program to be designed to: (1) ensure the privacy, security, and confidentiality of sensitive information; (2) protect against any anticipated vulnerabilities; and (3) protect against unauthorized access to use of such information that could create a significant risk of harm or fraud to any individual. Requires such a business entity to: (1) identify reasonably foreseeable vulnerabilities that could result in unauthorized access, disclosure, use, or alteration of sensitive information or systems containing such information; (2) assess the likelihood of and potential damage from unauthorized access to, or disclosure, use, or alteration of, sensitive information; (3) assess the sufficiency of its policies, technologies, and safeguards to control and minimize risks from unauthorized access, disclosure, use, or alteration of sensitive information; (4) assess the vulnerability of sensitive information during destruction and disposal of such information; (5) design its personal data privacy and security program to control risks; (6) adopt measures commensurate with the sensitivity of the data as well as the size, complexity, and scope of activities of the entity that control access to systems and facilities containing sensitive information; (7) establish a plan and procedures for minimizing the amount of sensitive information maintained; and (8) take steps to ensure appropriate employee training and regular testing of key controls, systems, and procedures of the entity's personal data privacy and security program. Prescribes penalties for violations of such requirements. Allows an injunction against a business entity to stop continuing violations of the requirements of this subtitle. Grants authority to the FTC to enforce such requirements. Authorizes state attorneys general and law enforcement agencies to bring civil actions to protect state residents against business entities that are violating such requirements. Preempts state laws relating to administrative, technical, and physical safeguards for the protection of personal information. Requires any agency or business entity engaged in interstate commerce that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information to notify any U.S. resident whose information has been accessed or acquired without unreasonable delay after the discovery of a security breach. Excepts: (1) financial institutions subject to the data security requirements and standards under the Gramm-Leach-Bliley Act, and (2) specified entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Allows exemptions if: (1) the Secret Service or the FBI determines that notification of the security breach could be expected to reveal sensitive sources and methods or similarly impede the government's ability to conduct law enforcement investigations, or (2) the FBI determines that notification of the breach could be expected to damage national security. Provides that an agency or business entity shall be exempt from notice requirements if: (1) a risk assessment concludes that there is no significant risk that a security breach has resulted in, or will result in, identity theft, economic loss or harm, or physical harm to the individuals whose sensitive information was subject to the breach; (2) without unreasonable delay but not later than 45 days after the discovery of the breach, the agency or entity notifies the FTC of the results of the risk assessment and its decision to invoke the exemption; and (3) the FTC does not indicate, within 10 business days from receipt of the decision, that notice should be given. Provides that a business entity will be exempt from notice requirements if it utilizes or participates in a security program that: (1) effectively blocks the use of the sensitive information to initiate unauthorized financial transactions before they are charged to the individual's account, and (2) provides for notice to affected individuals after a security breach that has resulted in fraud or unauthorized transactions. Provides for individual notice by mail, telephone, and e-mail of a security breach and for notice to major media outlets serving a state or jurisdiction if a security breach involves more than 5,000 individuals. Specifies the required content of a security breach  notification. Requires an agency or business entity that is required to provide notification of a breach involving more than 5,000 individuals to also provide notification to credit reporting agencies. Directs the DHS Secretary to designate a federal entity to receive the notices. Requires business entities and federal agencies to report data security breaches to the designated entity if the breach involves: (1) more than 5,000 individuals, (2) a database that contains information about more than 500,000 individuals, (3) a federal government database, or (4) individuals known to be federal employees or contractors involved in national security or law enforcement. Requires the designated agency to report information it receives about security breaches to the Secret Service, FBI, and FTC for civil law enforcement purposes as promptly as possible, but either 72 hours before notice of a breach is required to be provided to an individual or not later than 10 days after the breach is discovered, whichever occurs first. Authorizes the Attorney General and the FTC to bring civil and administrative actions against business entities for violations of this subtitle and to seek injunctive relief or civil penalties. Authorizes state attorneys general or state or local law enforcement agencies to bring a civil action on behalf of state residents who have been threatened or adversely affected by a business entity violating provisions of this title and to obtain injunctive relief or civil penalties. Requires a state attorney general bringing a civil action to provide written notice to the Attorney General who may then move to stay the action, move to consolidate all pending actions, intervene, and file petitions for appeal. Directs the FTC to report on the number and nature of the security breaches described in notices filed by business entities invoking the risk assessment exemption and their response to such notices. Directs the Secret Service and FBI to report on the number and nature of security breaches subject to the national security and law enforcement exemptions. Title III: Compliance with Statutory Pay-As-You-Go Act - Provides that 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" for this Act, provided that such statement has been submitted prior to the vote on passage.

113 S1897 IS: Personal Data Privacy and Security Act of 2014 U.S. Senate 2014-01-08 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. 1897 IN THE SENATE OF THE UNITED STATES January 8, 2014 Mr. Leahy Mr. Schumer Mr. Franken Mr. Blumenthal Committee on the Judiciary A BILL To prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information. 1. Short title; table of contents (a) Short title This Act may be cited as the Personal Data Privacy and Security 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. Findings. Sec. 3. Definitions. TITLE I—Enhancing punishment for identity theft and other violations of data privacy and security Sec. 101. Organized criminal activity in connection with unauthorized access to personally identifiable information. Sec. 102. Concealment of security breaches involving sensitive personally identifiable information. Sec. 103. Penalties for fraud and related activity in connection with computers. Sec. 104. Trafficking in passwords. Sec. 105. Conspiracy and attempted computer fraud offenses. Sec. 106. Criminal and civil forfeiture for fraud and related activity in connection with computers. Sec. 107. Limitation on civil actions involving unauthorized use. Sec. 108. Reporting of certain criminal cases. Sec. 109. Damage to critical infrastructure computers. Sec. 110. Limitation on actions involving unauthorized use. TITLE II—Privacy and security of personally identifiable information Subtitle A—A Data Privacy and Security Program Sec. 201. Purpose and applicability of data privacy and security program. Sec. 202. Requirements for a personal data privacy and security program. Sec. 203. Enforcement. Sec. 204. Relation to other laws. Subtitle B—Security Breach Notification Sec. 211. Notice to individuals. Sec. 212. Exemptions. Sec. 213. Methods of notice. Sec. 214. Content of notification. Sec. 215. Coordination of notification with credit reporting agencies. Sec. 216. Notice to law enforcement. Sec. 217. Enforcement. Sec. 218. Enforcement by State attorneys general. Sec. 219. Effect on Federal and State law. Sec. 220. Reporting on exemptions. Sec. 221. Effective date. TITLE III—Compliance with statutory Pay-As-You-Go Act Sec. 301. Budget compliance. 2. Findings Congress finds that— (1) databases of personally identifiable information are increasingly prime targets of hackers, identity thieves, rogue employees, and other criminals, including organized and sophisticated criminal operations; (2) identity theft is a serious threat to the Nation's economic stability, national security, homeland security, cybersecurity, the development of e-commerce, and the privacy rights of Americans; (3) security breaches are a serious threat to consumer confidence, homeland security, national security, e-commerce, and economic stability; (4) it is important for business entities that own, use, or license personally identifiable information to adopt reasonable procedures to ensure the security, privacy, and confidentiality of that personally identifiable information; (5) individuals whose personal information has been compromised or who have been victims of identity theft should receive the necessary information and assistance to mitigate their damages and to restore the integrity of their personal information and identities; (6) data misuse and use of inaccurate data have the potential to cause serious or irreparable harm to an individual's livelihood, privacy, and liberty and undermine efficient and effective business and government operations; (7) government access to commercial data can potentially improve safety, law enforcement, and national security; and (8) because government use of commercial data containing personal information potentially affects individual privacy, and law enforcement and national security operations, there is a need for Congress to exercise oversight over government use of commercial data. 3. Definitions In this Act, the following definitions shall apply: (1) Affiliate The term affiliate (2) Agency The term agency (3) Business entity The term business entity (4) Data system communication information The term data system communication information (5) Designated entity The term designated entity (6) Encryption The term encryption (A) means the protection of data in electronic form, in storage or in transit, using an encryption technology that has been generally accepted by experts in the field of information security that renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data; and (B) includes appropriate management and safeguards of such cryptographic keys so as to protect the integrity of the encryption. (7) Identity theft The term identity theft section 1028(a)(7) (8) Personally identifiable information The term personally identifiable information section 1028(d)(7) (9) Public record source The term public record source (10) Security breach (A) In general The term security breach (i) the unauthorized acquisition of sensitive personally identifiable information; and (ii) access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization. (B) Exclusion The term security breach (i) a good faith acquisition of sensitive personally identifiable information by a business entity or agency, or an employee or agent of a business entity or agency, if the sensitive personally identifiable information is not subject to further unauthorized disclosure; (ii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements or the release of information obtained from a public record, including information obtained from a news report or periodical; or (iii) any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or intelligence agency of the United States, a State, or a political subdivision of a State. (11) Sensitive personally identifiable information The term sensitive personally identifiable information (A) An individual's first and last name or first initial and last name in combination with any two of the following data elements: (i) Home address or telephone number. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (B) A non-truncated social security number, driver's license number, passport number, or alien registration number or other government-issued unique identification number. (C) Unique biometric data such as a fingerprint, voice print, a retina or iris image, or any other unique physical representation. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (E) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. (ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (iii) Any security code, access code, or password, or source code that could be used to generate such codes or passwords. (12) Service provider The term service provider I Enhancing punishment for identity theft and other violations of data privacy and security 101. Organized criminal activity in connection with unauthorized access to personally identifiable information Section 1961(1) of title 18, United States Code, is amended by inserting section 1030 (relating to fraud and related activity in connection with computers) if the act is a felony, section 1084 102. Concealment of security breaches involving sensitive personally identifiable information (a) In General Chapter 47 1041. Concealment of security breaches involving sensitive personally identifiable information (a) In general Whoever, having knowledge of a security breach and of the fact that notice of such security breach is required under title II of the Personal Data Privacy and Security Act of 2014 (b) Person defined For purposes of subsection (a), the term person (c) Notice requirement Any person seeking an exemption under section 212(b) of the Personal Data Privacy and Security Act of 2014 . (b) Conforming and Technical Amendments The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Concealment of security breaches involving sensitive personally identifiable information. . (c) Enforcement authority (1) In general The United States Secret Service and Federal Bureau of Investigation shall have the authority to investigate offenses under section 1041 (2) Nonexclusivity The authority granted in paragraph (1) shall not be exclusive of any existing authority held by any other Federal agency. 103. Penalties for fraud and related activity in connection with computers Section 1030(c) (c) The punishment for an offense under subsection (a) or (b) of this section is— (1) a fine under this title or imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(1) of this section; (2) (A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than 3 years, or both, in the case of an offense under subsection (a)(2); or (B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under paragraph (a)(2) of this section, if— (i) the offense was committed for purposes of commercial advantage or private financial gain; (ii) the offense was committed in the furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States, or of any State; or (iii) the value of the information obtained, or that would have been obtained if the offense was completed, exceeds $5,000; (3) a fine under this title or imprisonment for not more than 1 year, or both, in the case of an offense under subsection (a)(3) of this section; (4) a fine under this title or imprisonment of not more than 20 years, or both, in the case of an offense under subsection (a)(4) of this section; (5) (A) except as provided in subparagraph (D), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A) of this section, if the offense caused— (i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; (ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; (iii) physical injury to any person; (iv) a threat to public health or safety; (v) damage affecting a computer used by, or on behalf of, an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or (vi) damage affecting 10 or more protected computers during any 1-year period; (B) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(B), if the offense caused a harm provided in clauses (i) through (vi) of subparagraph (A) of this subsection; (C) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or (D) a fine under this title, imprisonment for not more than 1 year, or both, for any other offense under subsection (a)(5); (6) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(6) of this section; or (7) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(7) of this section. . 104. Trafficking in passwords Section 1030(a) of title 18, United States Code, is amended by striking paragraph (6) and inserting the following: (6) knowingly and with intent to defraud traffics (as defined in section 1029) in— (A) any password or similar information through which a protected computer as defined in subparagraphs (A) and (B) of subsection (e)(2) may be accessed without authorization; or (B) any means of access through which a protected computer as defined in subsection (e)(2)(A) may be accessed without authorization. . 105. Conspiracy and attempted computer fraud offenses Section 1030(b) for the completed offense punished as provided 106. Criminal and civil forfeiture for fraud and related activity in connection with computers Section 1030 of title 18, United States Code, is amended by striking subsections (i) and (j) and inserting the following: (i) Criminal Forfeiture (1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (A) such person’s interest in any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of such violation; and (B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation. (2) The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 (j) Civil Forfeiture (1) The following shall be subject to forfeiture to the United States and no property right, real or personal, shall exist in them: (A) Any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of any violation of this section, or a conspiracy to violate this section. (B) Any property, real or personal, constituting or derived from any gross proceeds obtained directly or indirectly, or any property traceable to such property, as a result of the commission of any violation of this section, or a conspiracy to violate this section. (2) Seizures and forfeitures under this subsection shall be governed by the provisions in chapter 46 relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. . 107. Limitation on civil actions involving unauthorized use Section 1030(g) (1) by inserting (1) Any person (2) by adding at the end the following: (2) No action may be brought under this subsection if a violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, constitutes the sole basis for determining that access to the protected computer is unauthorized, or in excess of authorization. . 108. Reporting of certain criminal cases Section 1030 of title 18, United States Code, is amended by adding at the end the following: (k) Reporting certain criminal cases Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives the number of criminal cases brought under subsection (a) that involve conduct in which— (1) the defendant— (A) exceeded authorized access to a non-governmental computer; or (B) accessed a non-governmental computer without authorization; and (2) the sole basis for the Government determining that access to the non-governmental computer was unauthorized, or in excess of authorization was that the defendant violated a contractual obligation or agreement with a service provider or employer, such as an acceptable use policy or terms of service agreement. . 109. Damage to critical infrastructure computers (a) In general Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer (a) Definitions In this section— (1) the terms computer damage (2) the term critical infrastructure computer (A) gas and oil production, storage, and delivery systems; (B) water supply systems; (C) telecommunication networks; (D) electrical power delivery systems; (E) finance and banking systems; (F) emergency services; (G) transportation systems and services; and (H) government operations that provide essential services to the public. (b) Offense It shall be unlawful to, during and in relation to a felony violation of section 1030, intentionally cause or attempt to cause damage to a critical infrastructure computer, and such damage results in (or, in the case of an attempt, would, if completed have resulted in) the substantial impairment— (1) of the operation of the critical infrastructure computer; or (2) of the critical infrastructure associated with the computer. (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned for not less than 3 years nor more than 20 years, or both. (d) Consecutive sentence Notwithstanding any other provision of law— (1) a court shall not place on probation any person convicted of a violation of this section; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment, including any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation section 1030; (3) in determining any term of imprisonment to be imposed for a felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28. . (b) Technical and conforming amendment The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer. . 110. Limitation on actions involving unauthorized use Section 1030(e)(6) alter; alter, but does not include access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or non-government employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized; II Privacy and security of personally identifiable information A A Data Privacy and Security Program 201. Purpose and applicability of data privacy and security program (a) Purpose The purpose of this subtitle is to ensure standards for developing and implementing administrative, technical, and physical safeguards to protect the security of sensitive personally identifiable information. (b) Applicability A business entity engaging in interstate commerce that involves collecting, accessing, transmitting, using, storing, or disposing of sensitive personally identifiable information in electronic or digital form on 10,000 or more United States persons is subject to the requirements for a data privacy and security program under section 202 for protecting sensitive personally identifiable information. (c) Limitations Notwithstanding any other obligation under this subtitle, this subtitle does not apply to the following: (1) Financial institutions Financial institutions— (A) subject to the data security requirements and standards under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (B) subject to the jurisdiction of an agency or authority described in section 505(a) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6805(a) (2) HIPAA regulated entities (A) Covered entities Covered entities subject to the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (B) Business entities A business entity shall be deemed in compliance with this Act if the business entity— (i) is acting as a business associate, as that term is defined under the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (ii) is subject to, and currently in compliance, with the privacy and data security requirements under sections 13401 and 13404 of division A of the American Reinvestment and Recovery Act of 2009 (42 U.S.C. 17931 and 17934) and implementing regulations promulgated under such sections. (3) Service providers A service provider for any electronic communication by a third party, to the extent that the service provider is exclusively engaged in the transmission, routing, or temporary, intermediate, or transient storage of that communication. (4) Public records Public records not otherwise subject to a confidentiality or nondisclosure requirement, or information obtained from a public record, including information obtained from a news report or periodical. (d) Safe Harbors (1) In general A business entity shall be deemed in compliance with the privacy and security program requirements under section 202 if the business entity complies with or provides protection equal to industry standards or standards widely accepted as an effective industry practice, as identified by the Federal Trade Commission, that are applicable to the type of sensitive personally identifiable information involved in the ordinary course of business of such business entity. (2) Limitation Nothing in this subsection shall be construed to permit, and nothing does permit, the Federal Trade Commission to issue regulations requiring, or according greater legal status to, the implementation of or application of a specific technology or technological specifications for meeting the requirements of this title. 202. Requirements for a personal data privacy and security program (a) Personal Data Privacy and Security Program A business entity subject to this subtitle shall comply with the following safeguards and any other administrative, technical, or physical safeguards identified by the Federal Trade Commission in a rulemaking process pursuant to section 553 (1) Scope A business entity shall implement a comprehensive personal data privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the business entity and the nature and scope of its activities. (2) Design The personal data privacy and security program shall be designed to— (A) ensure the privacy, security, and confidentiality of sensitive personally identifying information; (B) protect against any anticipated vulnerabilities to the privacy, security, or integrity of sensitive personally identifying information; and (C) protect against unauthorized access to use of sensitive personally identifying information that could create a significant risk of harm or fraud to any individual. (3) Risk assessment A business entity shall— (A) identify reasonably foreseeable internal and external vulnerabilities that could result in unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information or systems containing sensitive personally identifiable information; (B) assess the likelihood of and potential damage from unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information; (C) assess the sufficiency of its policies, technologies, and safeguards in place to control and minimize risks from unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information; and (D) assess the vulnerability of sensitive personally identifiable information during destruction and disposal of such information, including through the disposal or retirement of hardware. (4) Risk management and control Each business entity shall— (A) design its personal data privacy and security program to control the risks identified under paragraph (3); (B) adopt measures commensurate with the sensitivity of the data as well as the size, complexity, and scope of the activities of the business entity that— (i) control access to systems and facilities containing sensitive personally identifiable information, including controls to authenticate and permit access only to authorized individuals; (ii) detect, record, and preserve information relevant to actual and attempted fraudulent, unlawful, or unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information, including by employees and other individuals otherwise authorized to have access; (iii) protect sensitive personally identifiable information during use, transmission, storage, and disposal by encryption, redaction, or access controls that are widely accepted as an effective industry practice or industry standard, or other reasonable means (including as directed for disposal of records under section 628 of the Fair Credit Reporting Act ( 15 U.S.C. 1681w section 682 (iv) ensure that sensitive personally identifiable information is properly destroyed and disposed of, including during the destruction of computers, diskettes, and other electronic media that contain sensitive personally identifiable information; (v) trace access to records containing sensitive personally identifiable information so that the business entity can determine who accessed or acquired such sensitive personally identifiable information pertaining to specific individuals; and (vi) ensure that no third party or customer of the business entity is authorized to access or acquire sensitive personally identifiable information without the business entity first performing sufficient due diligence to ascertain, with reasonable certainty, that such information is being sought for a valid legal purpose; and (C) establish a plan and procedures for minimizing the amount of sensitive personally identifiable information maintained by such business entity, which shall provide for the retention of sensitive personally identifiable information only as reasonably needed for the business purposes of such business entity or as necessary to comply with any legal obligation. (b) Training Each business entity subject to this subtitle shall take steps to ensure employee training and supervision for implementation of the data security program of the business entity. (c) Vulnerability testing (1) In general Each business entity subject to this subtitle shall take steps to ensure regular testing of key controls, systems, and procedures of the personal data privacy and security program to detect, prevent, and respond to attacks or intrusions, or other system failures. (2) Frequency The frequency and nature of the tests required under paragraph (1) shall be determined by the risk assessment of the business entity under subsection (a)(3). (d) Relationship to certain providers of services In the event a business entity subject to this subtitle engages a person or entity not subject to this subtitle (other than a service provider) to receive sensitive personally identifiable information in performing services or functions (other than the services or functions provided by a service provider) on behalf of and under the instruction of such business entity, such business entity shall— (1) exercise appropriate due diligence in selecting the person or entity for responsibilities related to sensitive personally identifiable information, and take reasonable steps to select and retain a person or entity that is capable of maintaining appropriate safeguards for the security, privacy, and integrity of the sensitive personally identifiable information at issue; and (2) require the person or entity by contract to implement and maintain appropriate measures designed to meet the objectives and requirements governing entities subject to section 201, this section, and subtitle B. (e) Periodic Assessment and Personal Data Privacy and Security Modernization Each business entity subject to this subtitle shall on a regular basis monitor, evaluate, and adjust, as appropriate its data privacy and security program in light of any relevant changes in— (1) technology; (2) the sensitivity of personally identifiable information; (3) internal or external threats to personally identifiable information; and (4) the changing business arrangements of the business entity, such as— (A) mergers and acquisitions; (B) alliances and joint ventures; (C) outsourcing arrangements; (D) bankruptcy; and (E) changes to sensitive personally identifiable information systems. (f) Implementation Timeline Not later than 1 year after the date of enactment of this Act, a business entity subject to the provisions of this subtitle shall implement a data privacy and security program pursuant to this subtitle. 203. Enforcement (a) Civil Penalties (1) In general Any business entity that violates the provisions of section 201 or 202 shall be subject to civil penalties of not more than $5,000 per violation per day while such a violation exists, with a maximum of $500,000 per violation. (2) Intentional or willful violation A business entity that intentionally or willfully violates the provisions of section 201 or 202 shall be subject to additional penalties in the amount of $5,000 per violation per day while such a violation exists, with a maximum of an additional $500,000 per violation. (3) Penalty limits (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions shall not exceed $500,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $500,000. (4) Equitable relief A business entity engaged in interstate commerce that violates this section may be enjoined from further violations by a United States district court. (5) Other rights and remedies The rights and remedies available under this section are cumulative and shall not affect any other rights and remedies available under law. (b) Federal Trade Commission Authority Any business entity shall have the provisions of this subtitle enforced against it by the Federal Trade Commission. (c) State Enforcement (1) Civil actions In any case in which the attorney general of a State or any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the acts or practices of a business entity that violate this subtitle, the State may bring a civil action on behalf of the residents of that State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that act or practice; (B) enforce compliance with this subtitle; or (C) obtain civil penalties of not more than $5,000 per violation per day while such violations persist, up to a maximum of $500,000 per violation. (2) Penalty limits (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions shall not exceed $500,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $500,000. (3) Notice (A) In general Before filing an action under this subsection, the attorney general of the State involved shall provide to the Federal Trade Commission— (i) a written notice of that action; and (ii) a copy of the complaint for that action. (B) Exception Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general of a State determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action. (C) Notification when practicable In an action described under subparagraph (B), the attorney general of a State shall provide the written notice and the copy of the complaint to the Federal Trade Commission as soon after the filing of the complaint as practicable. (4) Federal trade commission authority Upon receiving notice under paragraph (2), the Federal Trade Commission shall have the right to— (A) move to stay the action, pending the final disposition of a pending Federal proceeding or action as described in paragraph (4); (B) intervene in an action brought under paragraph (1); and (C) file petitions for appeal. (5) Pending proceedings If the Federal Trade Commission initiates a Federal civil action for a violation of this subtitle, or any regulations thereunder, no attorney general of a State may bring an action for a violation of this subtitle that resulted from the same or related acts or omissions against a defendant named in the Federal civil action initiated by the Federal Trade Commission. (6) Rule of construction For purposes of bringing any civil action under paragraph (1) nothing in this subtitle shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths and affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (7) Venue; service of process (A) Venue Any action brought under this subsection may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 (B) Service of process In an action brought under this subsection, process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (d) No Private Cause of Action Nothing in this subtitle establishes a private cause of action against a business entity for violation of any provision of this subtitle. 204. Relation to other laws (a) In General No State may require any business entity subject to this subtitle to comply with any requirements with respect to administrative, technical, and physical safeguards for the protection of personal information. (b) Limitations Nothing in this subtitle shall be construed to modify, limit, or supersede the operation of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. B Security Breach Notification 211. Notice to individuals (a) In General Except as provided in section 212, any agency, or business entity engaged in interstate commerce, other than a service provider, that uses, accesses, transmits, stores, disposes of or collects sensitive personally identifiable information shall, following the discovery of a security breach of such information, notify any resident of the United States whose sensitive personally identifiable information has been, or is reasonably believed to have been, accessed, or acquired. (b) Obligation of Owner or Licensee (1) Notice to owner or licensee Any agency, or business entity engaged in interstate commerce, that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information that the agency or business entity does not own or license shall notify the owner or licensee of the information following the discovery of a security breach involving such information. (2) Notice by owner, licensee, or other designated third party Nothing in this subtitle shall prevent or abrogate an agreement between an agency or business entity required to give notice under this section and a designated third party, including an owner or licensee of the sensitive personally identifiable information subject to the security breach, to provide the notifications required under subsection (a). (3) Business entity relieved from giving notice A business entity obligated to give notice under subsection (a) shall be relieved of such obligation if an owner or licensee of the sensitive personally identifiable information subject to the security breach, or other designated third party, provides such notification. (4) Service providers If a service provider becomes aware of a security breach of data in electronic form containing sensitive personal information that is owned or possessed by another business entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, the service provider shall be required to notify the business entity who initiated such connection, transmission, routing, or storage of the security breach if the business entity can be reasonably identified. Upon receiving such notification from a service provider, the business entity shall be required to provide the notification required under subsection (a). (c) Timeliness of Notification (1) In general All notifications required under this section shall be made without unreasonable delay following the discovery by the agency or business entity of a security breach. (2) Reasonable delay (A) In general Reasonable delay under this subsection may include any time necessary to determine the scope of the security breach, prevent further disclosures, conduct the risk assessment described in section 202(a)(3), and restore the reasonable integrity of the data system and provide notice to law enforcement when required. (B) Extension (i) In general Except as provided in subsection (d), delay of notification shall not exceed 60 days following the discovery of the security breach, unless the business entity or agency requests an extension of time and the Federal Trade Commission determines in writing that additional time is reasonably necessary to determine the scope of the security breach, prevent further disclosures, conduct the risk assessment, restore the reasonable integrity of the data system, or to provide notice to the designated entity. (ii) Approval of request If the Federal Trade Commission approves the request for delay, the agency or business entity may delay the time period for notification for additional periods of up to 30 days. (3) Burden of production The agency, business entity, owner, or licensee required to provide notice under this subtitle shall, upon the request of the Attorney General or the Federal Trade Commission provide records or other evidence of the notifications required under this subtitle, including to the extent applicable, the reasons for any delay of notification. (d) Delay of notification authorized for law enforcement or national security purposes (1) In general If the United States Secret Service or the Federal Bureau of Investigation determines that the notification required under this section would impede a criminal investigation, or national security activity, such notification shall be delayed upon written notice from the United States Secret Service or the Federal Bureau of Investigation to the agency or business entity that experienced the breach. The notification from the United States Secret Service or the Federal Bureau of Investigation shall specify in writing the period of delay requested for law enforcement or national security purposes. (2) Extended delay of notification If the notification required under subsection (a) is delayed pursuant to paragraph (1), an agency or business entity shall give notice 30 days after the day such law enforcement or national security delay was invoked unless a Federal law enforcement or intelligence agency provides written notification that further delay is necessary. (3) Law enforcement immunity No non-constitutional cause of action shall lie in any court against any agency for acts relating to the delay of notification for law enforcement or national security purposes under this subtitle. (e) Limitations Notwithstanding any other obligation under this subtitle, this subtitle does not apply to the following: (1) Financial institutions Financial institutions— (A) subject to the data security requirements and standards under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (B) subject to the jurisdiction of an agency or authority described in section 505(a) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6805(a) (2) HIPAA regulated entities (A) Covered entities Covered entities subject to the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (B) Business entities A business entity shall be deemed in compliance with this Act if the business entity— (i) (I) is acting as a covered entity and as a business associate, as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (II) is subject to, and currently in compliance, with the data breach notification, privacy and data security requirements under the Health Information Technology for Economic and Clinical Health (HITECH) Act, ( 42 U.S.C. 17932 (ii) is acting as a vendor of personal health records and third party service provider, subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. 17937), including the data breach notification requirements and implementing regulations of that Act. 212. Exemptions (a) Exemption for National Security and Law Enforcement (1) In general Section 211 shall not apply to an agency or business entity if— (A) the United States Secret Service or the Federal Bureau of Investigation determines that notification of the security breach could be expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement investigations; or (B) the Federal Bureau of Investigation determines that notification of the security breach could be expected to cause damage to the national security. (2) Immunity No non-constitutional cause of action shall lie in any court against any Federal agency for acts relating to the exemption from notification for law enforcement or national security purposes under this title. (b) Safe Harbor (1) In general An agency or business entity shall be exempt from the notice requirements under section 211, if— (A) a risk assessment conducted by the agency or business entity concludes that, based upon the information available, there is no significant risk that a security breach has resulted in, or will result in, identity theft, economic loss or harm, or physical harm to the individuals whose sensitive personally identifiable information was subject to the security breach; (B) without unreasonable delay, but not later than 45 days after the discovery of a security breach, unless extended by the Federal Trade Commission, the agency or business entity notifies the Federal Trade Commission, in writing, of— (i) the results of the risk assessment; and (ii) its decision to invoke the risk assessment exemption; and (C) the Federal Trade Commission does not indicate, in writing, within 10 business days from receipt of the decision, that notice should be given. (2) Rebuttable presumptions For purposes of paragraph (1)— (A) the encryption of sensitive personally identifiable information described in paragraph (1)(A)(i) shall establish a rebuttable presumption that no significant risk exists; and (B) the rendering of sensitive personally identifiable information described in paragraph (1)(A)(ii) unusable, unreadable, or indecipherable through data security technology or methodology that is generally accepted by experts in the field of information security, such as redaction or access controls shall establish a rebuttable presumption that no significant risk exists. (3) Violation It shall be a violation of this section to— (A) fail to conduct the risk assessment in a reasonable manner, or according to standards generally accepted by experts in the field of information security; or (B) submit the results of a risk assessment that contains fraudulent or deliberately misleading information. (c) Financial fraud prevention exemption (1) In general A business entity will be exempt from the notice requirement under section 211 if the business entity utilizes or participates in a security program that— (A) effectively blocks the use of the sensitive personally identifiable information to initiate unauthorized financial transactions before they are charged to the account of the individual; and (B) provides for notice to affected individuals after a security breach that has resulted in fraud or unauthorized transactions. (2) Limitation The exemption in paragraph (1) does not apply if the information subject to the security breach includes an individual's first and last name, or any other type of sensitive personally identifiable information as defined in section 3, unless that information is only a credit card number or credit card security code. 213. Methods of notice An agency or business entity shall be in compliance with section 211 if it provides the following: (1) Individual notice Notice to individuals by one of the following means: (A) Written notification to the last known home mailing address of the individual in the records of the agency or business entity. (B) Telephone notice to the individual personally. (C) E-mail notice, if the individual has consented to receive such notice and the notice is consistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001). (2) Media notice Notice to major media outlets serving a State or jurisdiction, if the number of residents of such State whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person exceeds 5,000. 214. Content of notification (a) In General Regardless of the method by which notice is provided to individuals under section 213, such notice shall include, to the extent possible— (1) a description of the categories of sensitive personally identifiable information that was, or is reasonably believed to have been, accessed or acquired by an unauthorized person; (2) a toll-free number— (A) that the individual may use to contact the agency or business entity, or the agent of the agency or business entity; and (B) from which the individual may learn what types of sensitive personally identifiable information the agency or business entity maintained about that individual; and (3) the toll-free contact telephone numbers and addresses for the major credit reporting agencies. (b) Additional content Notwithstanding section 219, a State may require that a notice under subsection (a) shall also include information regarding victim protection assistance provided for by that State. (c) Direct Business Relationship Regardless of whether a business entity, agency, or a designated third party provides the notice required pursuant to section 211(b), such notice shall include the name of the business entity or agency that has a direct relationship with the individual being notified. 215. Coordination of notification with credit reporting agencies If an agency or business entity is required to provide notification to more than 5,000 individuals under section 211(a), the agency or business entity shall also notify all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) 216. Notice to law enforcement (a) Designation of government entity To receive notice (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall designate a Federal Government entity to receive the notices required under section 212 and this section, and any other reports and information about information security incidents, threats, and vulnerabilities. (2) Responsibilities of the designated entity The designated entity shall— (A) be responsible for promptly providing the information that it receives to the United States Secret Service and the Federal Bureau of Investigation, and to the Federal Trade Commission for civil law enforcement purposes; and (B) provide the information described in subparagraph (A) as appropriate to other Federal agencies for law enforcement, national security, or data security purposes. (b) Notice Any business entity or agency shall notify the designated entity of the fact that a security breach has occurred if— (1) the number of individuals whose sensitive personally identifying information was, or is reasonably believed to have been accessed or acquired by an unauthorized person exceeds 5,000; (2) the security breach involves a database, networked or integrated databases, or other data system containing the sensitive personally identifiable information of more than 500,000 individuals nationwide; (3) the security breach involves databases owned by the Federal Government; or (4) the security breach involves primarily sensitive personally identifiable information of individuals known to the agency or business entity to be employees and contractors of the Federal Government involved in national security or law enforcement. (c) FTC rulemaking and review of thresholds (1) Reports Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission, in consultation with the Attorney General of the United States and the Secretary of Homeland Security, shall promulgate regulations under section 553 (2) Thresholds for notice The Federal Trade Commission, in consultation with the Attorney General and the Secretary of Homeland Security, after notice and the opportunity for public comment, and in a manner consistent with this section, shall promulgate regulations, as necessary, under section 553 of title 5, United States Code, to adjust the thresholds for notice to law enforcement and national security authorities under subsection (a) and to facilitate the purposes of this section. (d) Timing The notice required under subsection (a) shall be provided as promptly as possible, but such notice must be provided either 72 hours before notice is provided to an individual pursuant to section 211, or not later than 10 days after the business entity or agency discovers the security breach or discovers that the nature of the security breach requires notice to law enforcement under this section, whichever occurs first. 217. Enforcement (a) In general The Attorney General and the Federal Trade Commission may enforce civil violations of section 211. (b) Civil actions by the Attorney General of the United States (1) In general The Attorney General may bring a civil action in the appropriate United States district court against any business entity that engages in conduct constituting a violation of this subtitle and, upon proof of such conduct by a preponderance of the evidence, such business entity shall be subject to a civil penalty of not more than $11,000 per day per security breach. (2) Penalty limitation Notwithstanding any other provision of law, the total amount of the civil penalty assessed against a business entity for conduct involving the same or related acts or omissions that results in a violation of this subtitle may not exceed $1,000,000. (3) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (4) Additional penalty limit If a court determines under paragraph (3) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $1,000,000. (c) Injunctive actions by the Attorney General (1) In general If it appears that a business entity has engaged, or is engaged, in any act or practice constituting a violation of this subtitle, the Attorney General may petition an appropriate district court of the United States for an order— (A) enjoining such act or practice; or (B) enforcing compliance with this subtitle. (2) Issuance of order A court may issue an order under paragraph (1), if the court finds that the conduct in question constitutes a violation of this subtitle. (d) Civil actions by the Federal Trade Commission (1) In general Compliance with the requirements imposed under this subtitle may be enforced under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) by the Federal Trade Commission with respect to business entities subject to this Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title. (2) Penalty limitation (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions may not exceed $1,000,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $1,000,000. (3) Unfair or deceptive acts or practices For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed under this title shall constitute an unfair or deceptive act or practice in commerce in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(I)(B) (e) Coordination of enforcement (1) In general Before opening an investigation, the Federal Trade Commission shall consult with the Attorney General. (2) Limitation The Federal Trade Commission may initiate investigations under this subsection unless the Attorney General determines that such an investigation would impede an ongoing criminal investigation or national security activity. (3) Coordination agreement (A) In general In order to avoid conflicts and promote consistency regarding the enforcement and litigation of matters under this Act, not later than 180 days after the enactment of this Act, the Attorney General and the Federal Trade Commission shall enter into an agreement for coordination regarding the enforcement of this Act. (B) Requirement The coordination agreement entered into under subparagraph (A) shall include provisions to ensure that parallel investigations and proceedings under this section are conducted in a matter that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws. (4) Coordination with the FCC If an enforcement action under this Act relates to customer proprietary network information, the Federal Trade Commission shall coordinate the enforcement action with the Federal Communications Commission. (f) Rulemaking The Federal Trade Commission may, in consultation with the Attorney General, issue such other regulations as it determines to be necessary to carry out this subtitle. All regulations promulgated under this Act shall be issued in accordance with section 553 (g) Other rights and remedies The rights and remedies available under this subtitle are cumulative and shall not affect any other rights and remedies available under law. (h) Fraud alert Section 605A(b)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681c–1(b)(1)) is amended by inserting , or evidence that the consumer has received notice that the consumer's financial information has or may have been compromised, identity theft report 218. Enforcement by State attorneys general (a) In general (1) Civil actions In any case in which the attorney general of a State or any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of a business entity in a practice that is prohibited under this subtitle, the State or the State or local law enforcement agency on behalf of the residents of the agency's jurisdiction, may bring a civil action on behalf of the residents of the State or jurisdiction in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this subtitle; or (C) civil penalties of not more than $11,000 per day per security breach up to a maximum of $1,000,000 per violation, unless such conduct is found to be willful or intentional. (2) Penalty limitation (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions may not exceed $1,000,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $1,000,000. (3) Notice (A) In general Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Attorney General of the United States— (i) written notice of the action; and (ii) a copy of the complaint for the action. (B) Exemption (i) In general Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subtitle, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. (ii) Notification In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the time the State attorney general files the action. (b) Federal proceedings Upon receiving notice under subsection (a)(2), the Attorney General shall have the right to— (1) move to stay the action, pending the final disposition of a pending Federal proceeding or action; (2) initiate an action in the appropriate United States district court under section 217 and move to consolidate all pending actions, including State actions, in such court; (3) intervene in an action brought under subsection (a)(2); and (4) file petitions for appeal. (c) Pending proceedings If the Attorney General or the Federal Trade Commission initiate a criminal proceeding or civil action for a violation of a provision of this subtitle, or any regulations thereunder, no attorney general of a State may bring an action for a violation of a provision of this subtitle against a defendant named in the Federal criminal proceeding or civil action. (d) Construction For purposes of bringing any civil action under subsection (a), nothing in this subtitle regarding notification shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process (1) Venue Any action brought under subsection (a) may be brought in— (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 (B) another court of competent jurisdiction. (2) Service of process In an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. (f) No private cause of action Nothing in this subtitle establishes a private cause of action against a business entity for violation of any provision of this subtitle. 219. Effect on Federal and State law For any entity, or agency that is subject to this subtitle, the provisions of this subtitle shall supersede any other provision of Federal law, or any provisions of the law of any State, relating to notification of a security breach, except as provided in section 214(b). Nothing in this subtitle shall be construed to modify, limit, or supersede the operation of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) or its implementing regulations, including those regulations adopted or enforced by States, the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. 42 U.S.C. 17937 220. Reporting on exemptions (a) FTC report Not later than 18 months after the date of enactment of this Act, and upon request by Congress thereafter, the Federal Trade Commission shall submit a report to Congress on the number and nature of the security breaches described in the notices filed by those business entities invoking the risk assessment exemption under section 212(b) and their response to such notices. (b) Law enforcement report (1) In general Not later than 18 months after the date of enactment of this Act, and upon the request by Congress thereafter, the United States Secret Service and Federal Bureau of Investigation shall submit a report to Congress on the number and nature of security breaches subject to the national security and law enforcement exemptions under section 212(a). (2) Requirement The report required under paragraph (1) shall not include the contents of any risk assessment provided to the United States Secret Service and the Federal Bureau of Investigation under this subtitle. 221. Effective date This subtitle shall take effect on the expiration of the date which is 90 days after the date of enactment of this Act. III Compliance with statutory Pay-As-You-Go Act 301. Budget compliance 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

Personal Data Privacy and Security Act of 2014

Truth in Settlements Act of 2014 - Sets forth new requirements for the public disclosure of any covered settlement agreement entered into by a federal executive agency.  Defines "covered settlement agreement" as a settlement agreement (including a consent decree) that: (1) is entered into by an executive agency, (2) relates to an alleged violation of federal civil or criminal law, and (3) requires the payment of not less than $1 million by one or more non-federal persons (a person that is not an entity within the federal government). Requires the head of each executive agency to make publicly available on the agency website a list of each covered settlement agreement entered into by the agency, which shall include: (1) the names of the parties to the settlement agreement and the date of such agreement; (2) a description of the claims that were settled under the agreement; (3) the amount each party to the agreement is obligated to pay under the terms of the agreement and the total amounts required to be paid; and (4) for each settling party, the amount the settling party is obligated to pay that is expressly specified as a civil or criminal penalty or fine or as not tax deductible. Requires: (1) such information to remain publicly available for at least five years after the date of the agreement, and (2) a copy of a covered settlement agreement to remain publicly available until at least one year after the date of the agreement, or until five years after such date for an agreement under which a non-federal person is required to pay not less than $50 million. Requires an executive agency head who determines that a confidentiality provision in a covered settlement agreement, or the sealing of an agreement, is required to protect the public interest, to issue a public statement explaining why such action is necessary, what interests confidentially protects, and why the interest protected outweighs the public's interest in knowing about the conduct of the federal government and the expenditure of federal resources. Requires any written public statement issued by an executive agency that refers to an amount to be paid by a non-federal person under a covered settlement agreement to: (1) specify which portion of the amount to be paid is expressly specified as a civil or criminal penalty or fine to be paid for a violation of federal law or is not tax deductible; and (2) describe in detail, if no portion paid under the settlement agreement is expressly specified as a civil or criminal penalty or fine, any actions the non-federal person shall take under the agreement in lieu of payment to the federal government or a state or local government and any payments or compensation the non-federal person shall make to other non-federal persons under the agreement. Requires: (1) the head of an executive agency to report to all congressional committees that have jurisdiction over the agency's activities on how many covered settlement agreements the agency entered into during the fiscal year and how many such agreements had terms or conditions required to be kept confidential; and (2) the issuer of securities subject to reporting requirements under the Securities Exchange Act of 1934 to describe in required reports any claim of a tax deduction relating to a payment under a covered settlement agreement. Requires the Comptroller General to report to Congress on how executive agencies determine whether the terms of a settlement agreement or its existence will be treated as confidential.

113 S1898 IS: Truth in Settlements Act of 2014 U.S. Senate 2014-01-08 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. 1898 IN THE SENATE OF THE UNITED STATES January 8, 2014 Ms. Warren Mr. Coburn Committee on Homeland Security and Governmental Affairs A BILL To require adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies, and for other purposes. 1. Short title This Act may be cited as the Truth in Settlements Act of 2014 2. Information regarding settlement agreements entered into by Federal agencies (a) Requirements for settlement agreements (1) In general Chapter 3 307. Information regarding settlement agreements (a) Definitions In this section— (1) the term covered settlement agreement (A) is entered into by an Executive agency; (B) relates to an alleged violation of Federal civil or criminal law; and (C) requires the payment of a total of not less than $1,000,000 by one or more non-Federal persons; (2) the term entity within the Federal Government (3) the term non-Federal person (b) Information To be posted online (1) Requirement (A) In general Subject to subparagraph (B), the head of each Executive agency shall make publicly available in a searchable format in a prominent location on the Web site of the Executive agency— (i) a list of each covered settlement agreement entered into by the Executive agency, which shall include, for each covered settlement agreement— (I) the date on which the parties entered into the covered settlement agreement; (II) the names of the parties that settled claims under the covered settlement agreement; (III) a description of the claims each party settled under the covered settlement agreement; (IV) the amount each party settling a claim under the covered settlement agreement is obligated to pay under the settlement agreement; (V) the total amount the settling parties are obligated to pay under the settlement agreement; and (VI) for each settling party, the amount the settling party is obligated to pay that has been designated as a civil penalty or fine, or otherwise specified as not tax deductible under the covered settlement agreement; and (ii) a copy of each covered settlement agreement entered into by the Executive agency. (B) Confidentiality provisions The requirement to disclose information or a copy of a covered settlement agreement under subparagraph (A) shall apply to the extent that the information or copy (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof). (2) Period The head of each Executive agency shall ensure that— (A) information regarding a covered settlement agreement is publicly available on the list described in paragraph (1)(A)(i) until at least the date that is 5 years after the date of the covered settlement agreement; and (B) a copy of a covered settlement agreement made available under paragraph (1)(A)(ii) is publicly available until— (i) at least the date that is 1 year after the date of the covered settlement agreement; or (ii) for a covered settlement agreement under which a non-Federal person is required to pay not less than $50,000,000, at least the date that is 5 years after the date of the covered settlement agreement. (c) Public statement If the head of an Executive agency determines that a confidentiality provision in a covered settlement agreement, or the sealing of a covered settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency shall issue a public statement stating why such action is required to protect the public interest of the United States, which shall explain— (1) what interests confidentiality protects; and (2) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. (d) Requirements for written public statements Any written public statement issued by an Executive agency that refers to an amount to be paid by a non-Federal person under a covered settlement agreement shall— (1) specify which portion, if any, of the amount to be paid under the covered settlement agreement by a non-Federal person— (A) is a civil or criminal penalty or fine to be paid for a violation of Federal law; or (B) is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; and (2) describe in detail any actions the non-Federal person shall take under the covered settlement agreement— (A) in lieu of payment to the Federal Government or a State or local government; or (B) in addition to such a payment. (e) Reporting (1) In general Not later than January 15 of each year, the head of an Executive agency that entered into a covered settlement agreement during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating— (A) how many covered settlement agreements the Executive agency entered into during that fiscal year; (B) how many covered settlement agreements the Executive agency entered into during that fiscal year had any terms or conditions that are required to be kept confidential; and (C) how many covered settlement agreements the Executive agency entered into during that fiscal year for which all terms and conditions are required to be kept confidential. (2) Availability of reports The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publically available in a searchable format in a prominent location on the Web site of the Executive agency. . (2) Technical and conforming amendment The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: 307. Information regarding settlement agreements. . (b) Securities reporting (1) In general Each issuer of securities that is required to file annual or other periodic reports with the Commission under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) shall describe in such a report any claim filed for a deduction under the Internal Revenue Code of 1986 during the reporting period that relates to a payment required under a covered settlement agreement. (2) Definitions As used in this subsection— (A) the term Commission (B) the term covered settlement agreement section 307 (C) the term issuer 15 U.S.C. 78c (c) Review of confidentiality of settlement agreements Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding how Executive agencies (as defined under section 105

Truth in Settlements Act of 2014

Bipartisan Congressional Trade Priorities Act of 2014 - States the overall trade negotiating objectives of the United States with respect to any agreement with a foreign country to reduce or eliminate existing tariffs or nontariff barriers of that country or the United States that are unduly burdening and restricting U.S. trade. Includes among such objectives obtaining: (1) more open, equitable, and reciprocal market access; and (2) the reduction or elimination of trade barriers and distortions that are directly related to trade and investment and that decrease market opportunities for U.S. exports or otherwise distort U.S. trade. States the principal trade negotiating objectives of the United States with respect to: (1) goods and services; (2) agriculture; (3) foreign investment; (5) intellectual property; (6) digital goods and services, as well as cross-border data flows; (7) regulatory practices; (8) state-owned and state-controlled enterprises; (9) localization barriers to trade; (10) labor and the environment; (11) currency; (12) the World Trade Organization and multilateral trade agreements; (13) trade institution transparency; (14) anti-corruption; (15) dispute settlement and enforcement; (16) trade remedy laws; (17) border taxes; and (18) textile negotiations. Authorizes the President to enter into trade agreements with foreign countries for the reduction or elimination of tariff or nontariff barriers before July 1, 2018, or July 1, 2021, if trade authorities procedures are extended to implementing bills (congressional approval) with respect to such agreements. Authorizes the President to proclaim necessary or appropriate modifications or continuation of any existing duty, continuation of existing duty-free or excise treatment, or additional duties to carry out any such agreement. Subjects trade agreements to congressional oversight and approval, consultations, and access to information requirements. Specifies presidential notifications and other actions and their deadlines that must take place for any trade agreement to enter into force. Prescribes requirements for the treatment of trade agreements entered into under the auspices of the World Trade Organization (WTO) or with the Trans-Pacific Partnership countries or the European Union (EU) which result from negotiations commenced before enactment of this Act. Expresses the sense of Congress that the United States Trade Representative (USTR) should facilitate participation of small businesses in the trade negotiation process.

113 S1900 IS: Bipartisan Congressional Trade Priorities Act of 2014 U.S. Senate 2014-01-09 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. 1900 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Baucus Mr. Hatch Committee on Finance A BILL To establish congressional trade negotiating objectives and enhanced consultation requirements for trade negotiations, to provide for consideration of trade agreements, and for other purposes. 1. Short title This Act may be cited as the Bipartisan Congressional Trade Priorities Act of 2014 2. Trade negotiating objectives (a) Overall trade negotiating objectives The overall trade negotiating objectives of the United States for agreements subject to the provisions of section 3 are— (1) to obtain more open, equitable, and reciprocal market access; (2) to obtain the reduction or elimination of barriers and distortions that are directly related to trade and investment and that decrease market opportunities for United States exports or otherwise distort United States trade; (3) to further strengthen the system of international trade and investment disciplines and procedures, including dispute settlement; (4) to foster economic growth, raise living standards, enhance the competitiveness of the United States, promote full employment in the United States, and enhance the global economy; (5) to ensure that trade and environmental policies are mutually supportive and to seek to protect and preserve the environment and enhance the international means of doing so, while optimizing the use of the world’s resources; (6) to promote respect for worker rights and the rights of children consistent with core labor standards of the ILO (as set out in section 11(7)) and an understanding of the relationship between trade and worker rights; (7) to seek provisions in trade agreements under which parties to those agreements ensure that they do not weaken or reduce the protections afforded in domestic environmental and labor laws as an encouragement for trade; (8) to ensure that trade agreements afford small businesses equal access to international markets, equitable trade benefits, and expanded export market opportunities, and provide for the reduction or elimination of trade and investment barriers that disproportionately impact small businesses; (9) to promote universal ratification and full compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor; (10) to ensure that trade agreements reflect and facilitate the increasingly interrelated, multi-sectoral nature of trade and investment activity; (11) to ensure implementation of trade commitments and obligations by strengthening the effective operation of legal regimes and the rule of law by trading partners of the United States through capacity building and other appropriate means; (12) to recognize the growing significance of the Internet as a trading platform in international commerce; and (13) to take into account other legitimate United States domestic objectives, including, but not limited to, the protection of legitimate health or safety, essential security, and consumer interests and the law and regulations related thereto. (b) Principal trade negotiating objectives (1) Trade in goods The principal negotiating objectives of the United States regarding trade in goods are— (A) to expand competitive market opportunities for exports of goods from the United States and to obtain fairer and more open conditions of trade, including through the utilization of global value chains, by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that decrease market opportunities for United States exports or otherwise distort United States trade; and (B) to obtain reciprocal tariff and nontariff barrier elimination agreements, including with respect to those tariff categories covered in section 111(b) of the Uruguay Round Agreements Act ( 19 U.S.C. 3521(b) (2) Trade in services (A) The principal negotiating objective of the United States regarding trade in services is to expand competitive market opportunities for United States services and to obtain fairer and more open conditions of trade, including through utilization of global value chains, by reducing or eliminating barriers to international trade in services, such as regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service suppliers. (B) Recognizing that expansion of trade in services generates benefits for all sectors of the economy and facilitates trade, the objective described in subparagraph (A) should be pursued through all means, including through a plurilateral agreement with those countries willing and able to undertake high standard services commitments for both existing and new services. (3) Trade in agriculture The principal negotiating objective of the United States with respect to agriculture is to obtain competitive opportunities for United States exports of agricultural commodities in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in bulk, specialty crop, and value added commodities by— (A) securing more open and equitable market access through robust rules on sanitary and phytosanitary measures that— (i) encourage the adoption of international standards and require a science-based justification be provided for a sanitary or phytosanitary measure if the measure is more restrictive than the applicable international standard; (ii) improve regulatory coherence, promote the use of systems-based approaches, and appropriately recognize the equivalence of health and safety protection systems of exporting countries; (iii) require that measures are transparently developed and implemented, are based on risk assessments that take into account relevant international guidelines and scientific data, and are not more restrictive on trade than necessary to meet the intended purpose; and (iv) improve import check processes, including testing methodologies and procedures, and certification requirements, while recognizing that countries may put in place measures to protect human, animal or plant life or health in a manner consistent with their international obligations, including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (referred to in section 101(d)(3) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(3) (B) reducing or eliminating, by a date certain, tariffs or other charges that decrease market opportunities for United States exports— (i) giving priority to those products that are subject to significantly higher tariffs or subsidy regimes of major producing countries; and (ii) providing reasonable adjustment periods for United States import sensitive products, in close consultation with Congress on such products before initiating tariff reduction negotiations; (C) reducing tariffs to levels that are the same as or lower than those in the United States; (D) reducing or eliminating subsidies that decrease market opportunities for United States exports or unfairly distort agriculture markets to the detriment of the United States; (E) allowing the preservation of programs that support family farms and rural communities but do not distort trade; (F) developing disciplines for domestic support programs, so that production that is in excess of domestic food security needs is sold at world prices; (G) eliminating government policies that create price depressing surpluses; (H) eliminating state trading enterprises whenever possible; (I) developing, strengthening, and clarifying rules to eliminate practices that unfairly decrease United States market access opportunities or distort agricultural markets to the detriment of the United States, and ensuring that such rules are subject to efficient, timely, and effective dispute settlement, including— (i) unfair or trade distorting activities of state trading enterprises and other administrative mechanisms, with emphasis on requiring price transparency in the operation of state trading enterprises and such other mechanisms in order to end cross subsidization, price discrimination, and price undercutting; (ii) unjustified trade restrictions or commercial requirements, such as labeling, that affect new technologies, including biotechnology; (iii) unjustified sanitary or phytosanitary restrictions, including restrictions not based on scientific principles in contravention of obligations in the Uruguay Round Agreements or bilateral or regional trade agreements; (iv) other unjustified technical barriers to trade; and (v) restrictive rules in the administration of tariff rate quotas; (J) eliminating practices that adversely affect trade in perishable or cyclical products, while improving import relief mechanisms to recognize the unique characteristics of perishable and cyclical agriculture; (K) ensuring that import relief mechanisms for perishable and cyclical agriculture are as accessible and timely to growers in the United States as those mechanisms that are used by other countries; (L) taking into account whether a party to the negotiations has failed to adhere to the provisions of already existing trade agreements with the United States or has circumvented obligations under those agreements; (M) taking into account whether a product is subject to market distortions by reason of a failure of a major producing country to adhere to the provisions of already existing trade agreements with the United States or by the circumvention by that country of its obligations under those agreements; (N) otherwise ensuring that countries that accede to the World Trade Organization have made meaningful market liberalization commitments in agriculture; (O) taking into account the impact that agreements covering agriculture to which the United States is a party have on the United States agricultural industry; (P) maintaining bona fide food assistance programs, market development programs, and export credit programs; (Q) seeking to secure the broadest market access possible in multilateral, regional, and bilateral negotiations, recognizing the effect that simultaneous sets of negotiations may have on United States import sensitive commodities (including those subject to tariff rate quotas); (R) seeking to develop an international consensus on the treatment of seasonal or perishable agricultural products in investigations relating to dumping and safeguards and in any other relevant area; (S) seeking to establish the common base year for calculating the Aggregated Measurement of Support (as defined in the Agreement on Agriculture) as the end of each country’s Uruguay Round implementation period, as reported in each country’s Uruguay Round market access schedule; (T) ensuring transparency in the administration of tariff rate quotas through multilateral, plurilateral, and bilateral negotiations; and (U) eliminating and preventing the undermining of market access for United States products through improper use of a country’s system for protecting or recognizing geographical indications, including failing to ensure transparency and procedural fairness and protecting generic terms. (4) Foreign investment Recognizing that United States law on the whole provides a high level of protection for investment, consistent with or greater than the level required by international law, the principal negotiating objectives of the United States regarding foreign investment are to reduce or eliminate artificial or trade distorting barriers to foreign investment, while ensuring that foreign investors in the United States are not accorded greater substantive rights with respect to investment protections than United States investors in the United States, and to secure for investors important rights comparable to those that would be available under United States legal principles and practice, by— (A) reducing or eliminating exceptions to the principle of national treatment; (B) freeing the transfer of funds relating to investments; (C) reducing or eliminating performance requirements, forced technology transfers, and other unreasonable barriers to the establishment and operation of investments; (D) seeking to establish standards for expropriation and compensation for expropriation, consistent with United States legal principles and practice; (E) seeking to establish standards for fair and equitable treatment consistent with United States legal principles and practice, including the principle of due process; (F) providing meaningful procedures for resolving investment disputes; (G) seeking to improve mechanisms used to resolve disputes between an investor and a government through— (i) mechanisms to eliminate frivolous claims and to deter the filing of frivolous claims; (ii) procedures to ensure the efficient selection of arbitrators and the expeditious disposition of claims; (iii) procedures to enhance opportunities for public input into the formulation of government positions; and (iv) providing for an appellate body or similar mechanism to provide coherence to the interpretations of investment provisions in trade agreements; and (H) ensuring the fullest measure of transparency in the dispute settlement mechanism, to the extent consistent with the need to protect information that is classified or business confidential, by— (i) ensuring that all requests for dispute settlement are promptly made public; (ii) ensuring that— (I) all proceedings, submissions, findings, and decisions are promptly made public; and (II) all hearings are open to the public; and (iii) establishing a mechanism for acceptance of amicus curiae submissions from businesses, unions, and nongovernmental organizations. (5) Intellectual property The principal negotiating objectives of the United States regarding trade related intellectual property are— (A) to further promote adequate and effective protection of intellectual property rights, including through— (i) (I) ensuring accelerated and full implementation of the Agreement on Trade Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(15) (II) ensuring that the provisions of any trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of protection similar to that found in United States law; (ii) providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property, including in a manner that facilitates legitimate digital trade; (iii) preventing or eliminating discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights; (iv) ensuring that standards of protection and enforcement keep pace with technological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works; (v) providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms; and (vi) preventing or eliminating government involvement in the violation of intellectual property rights, including cyber theft and piracy; (B) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection; and (C) to respect the Declaration on the TRIPS Agreement and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001, and to ensure that trade agreements foster innovation and promote access to medicines. (6) Digital trade in goods and services and cross-border data flows The principal negotiating objectives of the United States with respect to digital trade in goods and services, as well as cross-border data flows, are— (A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization and bilateral and regional trade agreements apply to digital trade in goods and services and to cross-border data flows; (B) to ensure that— (i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and (ii) the classification of such goods and services ensures the most liberal trade treatment possible, fully encompassing both existing and new trade; (C) to ensure that governments refrain from implementing trade related measures that impede digital trade in goods and services, restrict cross-border data flows, or require local storage or processing of data; (D) with respect to subparagraphs (A) through (C), where legitimate policy objectives require domestic regulations that affect digital trade in goods and services or cross-border data flows, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and (E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions. (7) Regulatory practices The principal negotiating objectives of the United States regarding the use of government regulation or other practices to reduce market access for United States goods, services, and investments are— (A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations; (B) to require that proposed regulations be based on sound science, cost benefit analysis, risk assessment, or other objective evidence; (C) to establish consultative mechanisms and seek other commitments, as appropriate, to improve regulatory practices and promote increased regulatory coherence, including through— (i) transparency in developing guidelines, rules, regulations, and laws for government procurement and other regulatory regimes; (ii) the elimination of redundancies in testing and certification; (iii) early consultations on significant regulations; (iv) the use of impact assessments; (v) the periodic review of existing regulatory measures; and (vi) the application of good regulatory practices; (D) to seek greater openness, transparency, and convergence of standards-development processes, and enhance cooperation on standards issues globally; (E) to promote regulatory compatibility through harmonization, equivalence, or mutual recognition of different regulations and standards and to encourage the use of international and interoperable standards, as appropriate; (F) to achieve the elimination of government measures such as price controls and reference pricing which deny full market access for United States products; (G) to ensure that government regulatory reimbursement regimes are transparent, provide procedural fairness, are non-discriminatory, and provide full market access for United States products; and (H) to ensure that foreign governments— (i) demonstrate that the collection of undisclosed proprietary information is limited to that necessary to satisfy a legitimate and justifiable regulatory interest; and (ii) protect such information against disclosure, except in exceptional circumstances to protect the public, or where such information is effectively protected against unfair competition. (8) State-owned and state-controlled enterprises The principal negotiating objective of the United States regarding competition by state-owned and state-controlled enterprises is to seek commitments that— (A) eliminate or prevent trade distortions and unfair competition favoring state-owned and state-controlled enterprises to the extent of their engagement in commercial activity, and (B) ensure that such engagement is based solely on commercial considerations, in particular through disciplines that eliminate or prevent discrimination and market-distorting subsidies and that promote transparency. (9) Localization barriers to trade The principal negotiating objective of the United States with respect to localization barriers is to eliminate and prevent measures that require United States producers and service providers to locate facilities, intellectual property, or other assets in a country as a market access or investment condition, including indigenous innovation measures. (10) Labor and the environment The principal negotiating objectives of the United States with respect to labor and the environment are— (A) to ensure that a party to a trade agreement with the United States— (i) adopts and maintains measures implementing internationally recognized core labor standards (as defined in section 11(17)) and its obligations under common multilateral environmental agreements (as defined in section 11(6)), (ii) does not waive or otherwise derogate from, or offer to waive or otherwise derogate from— (I) its statutes or regulations implementing internationally recognized core labor standards (as defined in section 11(17)), in a manner affecting trade or investment between the United States and that party, where the waiver or derogation would be inconsistent with one or more such standards, or (II) its environmental laws in a manner that weakens or reduces the protections afforded in those laws and in a manner affecting trade or investment between the United States and that party, except as provided in its law and provided not inconsistent with its obligations under common multilateral environmental agreements (as defined in section 11(6)) or other provisions of the trade agreement specifically agreed upon, and (iii) does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the United States and that party after entry into force of a trade agreement between those countries; (B) to recognize that— (i) with respect to environment, parties to a trade agreement retain the right to exercise prosecutorial discretion and to make decisions regarding the allocation of enforcement resources with respect to other environmental laws determined to have higher priorities, and a party is effectively enforcing its laws if a course of action or inaction reflects a reasonable, bona fide exercise of such discretion, or results from a reasonable, bona fide decision regarding the allocation of resources; and (ii) with respect to labor, decisions regarding the distribution of enforcement resources are not a reason for not complying with a party’s labor obligations; a party to a trade agreement retains the right to reasonable exercise of discretion and to make bona fide decisions regarding the allocation of resources between labor enforcement activities among core labor standards, provided the exercise of such discretion and such decisions are not inconsistent with its obligations; (C) to strengthen the capacity of United States trading partners to promote respect for core labor standards (as defined in section 11(17)); (D) to strengthen the capacity of United States trading partners to protect the environment through the promotion of sustainable development; (E) to reduce or eliminate government practices or policies that unduly threaten sustainable development; (F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental technologies, goods, and services; (G) to ensure that labor, environmental, health, or safety policies and practices of the parties to trade agreements with the United States do not arbitrarily or unjustifiably discriminate against United States exports or serve as disguised barriers to trade; (H) to ensure that enforceable labor and environment obligations are subject to the same dispute settlement and remedies as other enforceable obligations under the agreement; and (I) to ensure that a trade agreement is not construed to empower a party’s authorities to undertake labor or environmental law enforcement activities in the territory of the United States. (11) Currency The principal negotiating objective of the United States with respect to currency practices is that parties to a trade agreement with the United States avoid manipulating exchange rates in order to prevent effective balance of payments adjustment or to gain an unfair competitive advantage over other parties to the agreement, such as through cooperative mechanisms, enforceable rules, reporting, monitoring, transparency, or other means, as appropriate. (12) WTO and multilateral trade agreements Recognizing that the World Trade Organization is the foundation of the global trading system, the principal negotiating objectives of the United States regarding the World Trade Organization, the Uruguay Round Agreements, and other multilateral and plurilateral trade agreements are— (A) to achieve full implementation and extend the coverage of the World Trade Organization and multilateral and plurilateral agreements to products, sectors, and conditions of trade not adequately covered; (B) to expand country participation in and enhancement of the Information Technology Agreement, the Government Procurement Agreement, and other plurilateral trade agreements of the World Trade Organization; (C) to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade, including through utilization of global value chains, through the negotiation of new WTO multilateral and plurilateral trade agreements, such as an agreement on trade facilitation; (D) to ensure that regional trade agreements to which the United States is not a party fully achieve the high standards of, and comply with, WTO disciplines including Article XXIV of GATT 1994, Article V and V bis of the General Agreement on Trade in Services, and the Enabling Clause, including through meaningful WTO review of such regional trade agreements; (E) to enhance compliance by WTO members with their obligations as WTO members through active participation in the bodies of the World Trade Organization by the United States and all other WTO members, including in the trade policy review mechanism and the committee system of the World Trade Organization, and by working to increase the effectiveness of such bodies; and (F) to encourage greater cooperation between the World Trade Organization and other international organizations. (13) Trade institution transparency The principal negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency in the World Trade Organization, entities established under bilateral and regional trade agreements, and other international trade fora through seeking— (A) timely public access to information regarding trade issues and the activities of such institutions; (B) openness by ensuring public access to appropriate meetings, proceedings, and submissions, including with regard to trade and investment dispute settlement; and (C) public access to all notifications and supporting documentation submitted by WTO members. (14) Anti-corruption The principal negotiating objectives of the United States with respect to the use of money or other things of value to influence acts, decisions, or omissions of foreign governments or officials or to secure any improper advantage in a manner affecting trade are— (A) to obtain high standards and effective domestic enforcement mechanisms applicable to persons from all countries participating in the applicable trade agreement that prohibit such attempts to influence acts, decisions, or omissions of foreign governments; (B) to ensure that such standards level the playing field for United States persons in international trade and investment; and (C) to seek commitments to work jointly to encourage and support anti-corruption and anti-bribery initiatives in international trade fora, including through the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organization for Economic Cooperation and Development, done at Paris December 17, 1997 (commonly known as the OECD Anti-Bribery Convention (15) Dispute settlement and enforcement The principal negotiating objectives of the United States with respect to dispute settlement and enforcement of trade agreements are— (A) to seek provisions in trade agreements providing for resolution of disputes between governments under those trade agreements in an effective, timely, transparent, equitable, and reasoned manner, requiring determinations based on facts and the principles of the agreements, with the goal of increasing compliance with the agreements; (B) to seek to strengthen the capacity of the Trade Policy Review Mechanism of the World Trade Organization to review compliance with commitments; (C) to seek adherence by panels convened under the Dispute Settlement Understanding and by the Appellate Body to— (i) the mandate of those panels and the Appellate Body to apply the WTO Agreement as written, without adding to or diminishing rights and obligations under the Agreement; and (ii) the standard of review applicable under the Uruguay Round Agreement involved in the dispute, including greater deference, where appropriate, to the fact finding and technical expertise of national investigating authorities; (D) to seek provisions encouraging the early identification and settlement of disputes through consultation; (E) to seek provisions to encourage the provision of trade expanding compensation if a party to a dispute under the agreement does not come into compliance with its obligations under the agreement; (F) to seek provisions to impose a penalty upon a party to a dispute under the agreement that— (i) encourages compliance with the obligations of the agreement; (ii) is appropriate to the parties, nature, subject matter, and scope of the violation; and (iii) has the aim of not adversely affecting parties or interests not party to the dispute while maintaining the effectiveness of the enforcement mechanism; and (G) to seek provisions that treat United States principal negotiating objectives equally with respect to— (i) the ability to resort to dispute settlement under the applicable agreement; (ii) the availability of equivalent dispute settlement procedures; and (iii) the availability of equivalent remedies. (16) Trade remedy laws The principal negotiating objectives of the United States with respect to trade remedy laws are— (A) to preserve the ability of the United States to enforce rigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws, and avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies, or that lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and (B) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market access barriers. (17) Border taxes The principal negotiating objective of the United States regarding border taxes is to obtain a revision of the rules of the World Trade Organization with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes. (18) Textile negotiations The principal negotiating objectives of the United States with respect to trade in textiles and apparel articles are to obtain competitive opportunities for United States exports of textiles and apparel in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in textiles and apparel. (c) Capacity building and other priorities In order to address and maintain United States competitiveness in the global economy, the President shall— (1) direct the heads of relevant Federal agencies— (A) to work to strengthen the capacity of United States trading partners to carry out obligations under trade agreements by consulting with any country seeking a trade agreement with the United States concerning that country’s laws relating to customs and trade facilitation, sanitary and phytosanitary measures, technical barriers to trade, intellectual property rights, labor, and the environment; and (B) to provide technical assistance to that country if needed; (2) seek to establish consultative mechanisms among parties to trade agreements to strengthen the capacity of United States trading partners to develop and implement standards for the protection of the environment and human health based on sound science; and (3) promote consideration of multilateral environmental agreements and consult with parties to such agreements regarding the consistency of any such agreement that includes trade measures with existing environmental exceptions under Article XX of GATT 1994. 3. Trade agreements authority (a) Agreements regarding tariff barriers (1) In general Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objectives of this Act will be promoted thereby, the President— (A) may enter into trade agreements with foreign countries before— (i) July 1, 2018; or (ii) July 1, 2021, if trade authorities procedures are extended under subsection (c); and (B) may, subject to paragraphs (2) and (3), proclaim— (i) such modification or continuance of any existing duty, (ii) such continuance of existing duty free or excise treatment, or (iii) such additional duties, as the President determines to be required or appropriate to carry out any such trade agreement. Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or July 1, 2021, if trade authorities procedures are extended under subsection (c), shall not be eligible for approval under this Act. (2) Notification The President shall notify Congress of the President’s intention to enter into an agreement under this subsection. (3) Limitations No proclamation may be made under paragraph (1) that— (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of the enactment of this Act) to a rate of duty which is less than 50 percent of the rate of such duty that applies on such date of enactment; (B) reduces the rate of duty below that applicable under the Uruguay Round Agreements or a successor agreement, on any import sensitive agricultural product; or (C) increases any rate of duty above the rate that applied on the date of the enactment of this Act. (4) Aggregate reduction; exemption from staging (A) Aggregate reduction Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if— (i) a reduction of 3 percent ad valorem or a reduction of 1/10 (ii) a reduction equal to the amount applicable under clause (i) had taken effect at 1-year intervals after the effective date of such first reduction. (B) Exemption from staging No staging is required under subparagraph (A) with respect to a duty reduction that is proclaimed under paragraph (1) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this subparagraph. (5) Rounding If the President determines that such action will simplify the computation of reductions under paragraph (4), the President may round an annual reduction by an amount equal to the lesser of— (A) the difference between the reduction without regard to this paragraph and the next lower whole number; or (B) ½ of 1 percent ad valorem. (6) Other limitations A rate of duty reduction that may not be proclaimed by reason of paragraph (3) may take effect only if a provision authorizing such reduction is included within an implementing bill provided for under section 6 and that bill is enacted into law. (7) Other tariff modifications Notwithstanding paragraphs (1)(B), (3)(A), (3)(C), and (4) through (6), and subject to the consultation and layover requirements of section 115 of the Uruguay Round Agreements Act ( 19 U.S.C. 3524 19 U.S.C. 3501(5) (8) Authority under uruguay round agreements act not affected Nothing in this subsection shall limit the authority provided to the President under section 111(b) of the Uruguay Round Agreements Act ( 19 U.S.C. 3521(b) (b) Agreements regarding tariff and nontariff barriers (1) In general (A) Whenever the President determines that— (i) 1 or more existing duties or any other import restriction of any foreign country or the United States or any other barrier to, or other distortion of, international trade unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy, or (ii) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect, and that the purposes, policies, priorities, and objectives of this Act will be promoted thereby, the President may enter into a trade agreement described in subparagraph (B) during the period described in subparagraph (C). (B) The President may enter into a trade agreement under subparagraph (A) with foreign countries providing for— (i) the reduction or elimination of a duty, restriction, barrier, or other distortion described in subparagraph (A); or (ii) the prohibition of, or limitation on the imposition of, such barrier or other distortion. (C) The President may enter into a trade agreement under this paragraph before— (i) July 1, 2018; or (ii) July 1, 2021, if trade authorities procedures are extended under subsection (c). Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or July 1, 2021, if trade authorities procedures are extended under subsection (c), shall not be eligible for approval under this Act. (2) Conditions A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in subsections (a) and (b) of section 2 and the President satisfies the conditions set forth in sections 4 and 5. (3) Bills qualifying for trade authorities procedures (A) The provisions of section 151 of the Trade Act of 1974 (in this Act referred to as trade authorities procedures implementing bill (B) The provisions referred to in subparagraph (A) are— (i) a provision approving a trade agreement entered into under this subsection and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (c) Extension disapproval process for congressional trade authorities procedures (1) In general Except as provided in section 6(b)— (A) the trade authorities procedures apply to implementing bills submitted with respect to trade agreements entered into under subsection (b) before July 1, 2018; and (B) the trade authorities procedures shall be extended to implementing bills submitted with respect to trade agreements entered into under subsection (b) after June 30, 2018, and before July 1, 2021, if (and only if)— (i) the President requests such extension under paragraph (2); and (ii) neither House of Congress adopts an extension disapproval resolution under paragraph (5) before July 1, 2018. (2) Report to Congress by the President If the President is of the opinion that the trade authorities procedures should be extended to implementing bills described in paragraph (1)(B), the President shall submit to Congress, not later than April 1, 2018, a written report that contains a request for such extension, together with— (A) a description of all trade agreements that have been negotiated under subsection (b) and the anticipated schedule for submitting such agreements to Congress for approval; (B) a description of the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this Act, and a statement that such progress justifies the continuation of negotiations; and (C) a statement of the reasons why the extension is needed to complete the negotiations. (3) Other reports to Congress (A) Report by the advisory committee The President shall promptly inform the Advisory Committee for Trade Policy and Negotiations established under section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 (i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this Act; and (ii) a statement of its views, and the reasons therefor, regarding whether the extension requested under paragraph (2) should be approved or disapproved. (B) Report by International Trade Commission The President shall promptly inform the United States International Trade Commission of the decision of the President to submit a report to Congress under paragraph (2). The International Trade Commission shall submit to Congress as soon as practicable, but not later than June 1, 2018, a written report that contains a review and analysis of the economic impact on the United States of all trade agreements implemented between the date of the enactment of this Act and the date on which the President decides to seek an extension requested under paragraph (2). (4) Status of reports The reports submitted to Congress under paragraphs (2) and (3), or any portion of such reports, may be classified to the extent the President determines appropriate. (5) Extension disapproval resolutions (A) For purposes of paragraph (1), the term extension disapproval resolution That the ____ disapproves the request of the President for the extension, under section 3(c)(1)(B)(i) of the Bipartisan Congressional Trade Priorities Act of 2014 (B) Extension disapproval resolutions— (i) may be introduced in either House of Congress by any member of such House; and (ii) shall be referred, in the House of Representatives, to the Committee on Ways and Means and, in addition, to the Committee on Rules. (C) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 (D) It is not in order for— (i) the House of Representatives to consider any extension disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules; (ii) the Senate to consider any extension disapproval resolution not reported by the Committee on Finance; or (iii) either House of Congress to consider an extension disapproval resolution after June 30, 2018. (d) Commencement of negotiations In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the principal negotiating objectives set forth in section 2(b). 4. Congressional oversight, consultations, and access to information (a) Consultations with Members of Congress (1) Consultations during negotiations In the course of negotiations conducted under this Act, the United States Trade Representative shall— (A) meet upon request with any Member of Congress regarding negotiating objectives, the status of negotiations in progress, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement; (B) upon request of any Member of Congress, provide access to pertinent documents relating to the negotiations, including classified materials; (C) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; (D) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under subsection (c) and all committees of the House of Representatives and the Senate with jurisdiction over laws that could be affected by a trade agreement resulting from the negotiations; and (E) with regard to any negotiations and agreement relating to agricultural trade, also consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) Consultations prior to entry into force Prior to exchanging notes providing for the entry into force of a trade agreement, the United States Trade Representative shall consult closely and on a timely basis with Members of Congress and committees as specified in paragraph (1), and keep them fully apprised of the measures a trading partner has taken to comply with those provisions of the agreement that are to take effect on the date that the agreement enters into force. (3) Enhanced coordination with congress (A) Written guidelines The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (i) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on enhanced coordination with Congress, including coordination with designated congressional advisers under subsection (b), regarding negotiations conducted under this Act; and (ii) may make such revisions to the guidelines as may be necessary from time to time. (B) Content of guidelines The guidelines developed under subparagraph (A) shall enhance coordination with Congress through procedures to ensure— (i) timely briefings upon request of any Member of Congress regarding negotiating objectives, the status of negotiations in progress conducted under this Act, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement; and (ii) the sharing of detailed and timely information to Members of Congress regarding those negotiations and pertinent documents related to those negotiations (including classified information), and to committee staff with proper security clearances as would be appropriate in the light of the responsibilities of that committee over the trade agreements programs affected by those negotiations. (C) Dissemination The United States Trade Representative shall disseminate the guidelines developed under subparagraph (A) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. (b) Designated congressional advisers (1) Designation (A) House of Representatives In each Congress, any Member of the House of Representatives may be designated as a congressional adviser on trade policy and negotiations by the Speaker of the House of Representatives, after consulting with the chairman and ranking member of the Committee on Ways and Means and the chairman and ranking member of the committee from which the Member will be selected. (B) Senate In each Congress, any Member of the Senate may be designated as a congressional adviser on trade policy and negotiations by the President pro tempore of the Senate, after consultation with the chairman and ranking member of the Committee on Finance and the chairman and ranking member of the committee from which the Member will be selected. (2) Consultations with designated congressional advisers In the course of negotiations conducted under this Act, the United States Trade Representative shall consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations designated under paragraph (1). (3) Accreditation Each Member of Congress designated as a congressional adviser under paragraph (1) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegations to international conferences, meetings, and negotiating sessions relating to trade agreements. (c) Congressional advisory groups on negotiations (1) In general By not later than 60 days after the date of the enactment of this Act, and not later than 30 days after the convening of each Congress, the chairman of the Committee on Ways and Means of the House of Representatives shall convene the House Advisory Group on Negotiations and the chairman of the Committee on Finance of the Senate shall convene the Senate Advisory Group on Negotiations (in this subsection referred to collectively as the congressional advisory groups (2) Members and functions (A) Membership of the house advisory group on negotiations In each Congress, the House Advisory Group on Negotiations shall be comprised of the following Members of the House of Representatives: (i) The chairman and ranking member of the Committee on Ways and Means, and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (ii) The chairman and ranking member, or their designees, of the committees of the House of Representatives that would have, under the Rules of the House of Representatives, jurisdiction over provisions of law affected by a trade agreement negotiation conducted at any time during that Congress and to which this Act would apply. (B) Membership of the senate advisory group on negotiations In each Congress, the Senate Advisory Group on Negotiations shall be comprised of the following Members of the Senate: (i) The chairman and ranking member of the Committee on Finance and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (ii) The chairman and ranking member, or their designees, of the committees of the Senate that would have, under the Rules of the Senate, jurisdiction over provisions of law affected by a trade agreement negotiation conducted at any time during that Congress and to which this Act would apply. (C) Accreditation Each member of the congressional advisory groups described in subparagraphs (A)(i) and (B)(i) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in negotiations for any trade agreement to which this Act applies. Each member of the congressional advisory groups described in subparagraphs (A)(ii) and (B)(ii) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in the negotiations by reason of which the member is in one of the congressional advisory groups. (D) Consultation and advice The congressional advisory groups shall consult with and provide advice to the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the development of the applicable trade agreement, and compliance and enforcement of the negotiated commitments under the trade agreement. (E) Chair The House Advisory Group on Negotiations shall be chaired by the Chairman of the Committee on Ways and Means of the House of Representatives and the Senate Advisory Group on Negotiations shall be chaired by the Chairman of the Committee on Finance of the Senate. (F) Coordination with other committees Members of any committee represented on one of the congressional advisory groups may submit comments to the member of the appropriate congressional advisory group from that committee regarding any matter related to a negotiation for any trade agreement to which this Act applies. (3) Guidelines (A) Purpose and revision The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (i) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines to facilitate the useful and timely exchange of information between the Trade Representative and the congressional advisory groups; and (ii) may make such revisions to the guidelines as may be necessary from time to time. (B) Content The guidelines developed under subparagraph (A) shall provide for, among other things— (i) detailed briefings on a fixed timetable to be specified in the guidelines of the congressional advisory groups regarding negotiating objectives and positions and the status of the applicable negotiations, beginning as soon as practicable after the congressional advisory groups are convened, with more frequent briefings as trade negotiations enter the final stage; (ii) access by members of the congressional advisory groups, and staff with proper security clearances, to pertinent documents relating to the negotiations, including classified materials; (iii) the closest practicable coordination between the Trade Representative and the congressional advisory groups at all critical periods during the negotiations, including at negotiation sites; (iv) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and enforcement of negotiated commitments under the trade agreement; and (v) the timeframe for submitting the report required under section 5(d)(3). (4) Request for meeting Upon the request of a majority of either of the congressional advisory groups, the President shall meet with that congressional advisory group before initiating negotiations with respect to a trade agreement, or at any other time concerning the negotiations. (d) Consultations with the public (1) Guidelines for public engagement The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (A) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on public access to information regarding negotiations conducted under this Act; and (B) may make such revisions to the guidelines as may be necessary from time to time. (2) Purposes The guidelines developed under paragraph (1) shall— (A) facilitate transparency; (B) encourage public participation; and (C) promote collaboration in the negotiation process. (3) Content The guidelines developed under paragraph (1) shall include procedures that— (A) provide for rapid disclosure of information in forms that the public can readily find and use; and (B) provide frequent opportunities for public input through Federal Register requests for comment and other means. (4) Dissemination The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. (e) Consultations with advisory committees (1) Guidelines for engagement with advisory committees The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (A) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on enhanced coordination with advisory committees established pursuant to section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 (B) may make such revisions to the guidelines as may be necessary from time to time. (2) Content The guidelines developed under paragraph (1) shall enhance coordination with advisory committees described in that paragraph through procedures to ensure— (A) timely briefings of advisory committees and regular opportunities for advisory committees to provide input throughout the negotiation process on matters relevant to the sectors or functional areas represented by those committees; and (B) the sharing of detailed and timely information with each member of an advisory committee regarding negotiations and pertinent documents related to the negotiation (including classified information) on matters relevant to the sectors or functional areas the member represents, and with a designee with proper security clearances of each such member as appropriate. (3) Dissemination The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. 5. Notice, consultations, and reports (a) Notice, consultations, and reports before negotiation (1) Notice The President, with respect to any agreement that is subject to the provisions of section 3(b), shall— (A) provide, at least 90 calendar days before initiating negotiations with a country, written notice to Congress of the President’s intention to enter into the negotiations with that country and set forth in the notice the date on which the President intends to initiate those negotiations, the specific United States objectives for the negotiations with that country, and whether the President intends to seek an agreement, or changes to an existing agreement; (B) before and after submission of the notice, consult regarding the negotiations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, such other committees of the House and Senate as the President deems appropriate, and the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under section 4(c); and (C) upon the request of a majority of the members of either the House Advisory Group on Negotiations or the Senate Advisory Group on Negotiations convened under section 4(c), meet with the requesting congressional advisory group before initiating the negotiations or at any other time concerning the negotiations. (2) Special rule for notice and consultation on Doha-related agreements In the case of any plurilateral agreement between the United States and one or more WTO members relating to a matter described in the Ministerial Declaration of the World Trade Organization adopted at Doha November 14, 2001— (A) the President shall provide the written notice described in subparagraph (A) of paragraph (1) to Congress at least 90 calendar days before initiating negotiations for the agreement and comply with subparagraphs (B) and (C) of that paragraph with respect to the agreement; and (B) if another WTO member seeks to join the negotiations after notice is provided under subparagraph (A) and the President determines that the WTO member is willing and able to meet the standard of the agreement and the participation of the WTO member would further the objectives of the United States for the agreement, the President shall— (i) provide advance written notice to Congress before the WTO member joins the negotiations with respect to whether the United States intends to support the entry of the WTO member into the negotiations; and (ii) consult with Congress as provided in subparagraphs (B) and (C) of paragraph (1). (3) Negotiations regarding agriculture (A) Assessment and consultations following assessment Before initiating or continuing negotiations the subject matter of which is directly related to the subject matter under section 2(b)(3)(B) with any country, the President shall— (i) assess whether United States tariffs on agricultural products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country; (ii) consider whether the tariff levels bound and applied throughout the world with respect to imports from the United States are higher than United States tariffs and whether the negotiation provides an opportunity to address any such disparity; and (iii) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. (B) Special consultations on import sensitive products (i) Before initiating negotiations with regard to agriculture and, with respect to agreements described in paragraphs (2) and (3) of section 7(a), as soon as practicable after the date of the enactment of this Act, the United States Trade Representative shall— (I) identify those agricultural products subject to tariff rate quotas on the date of enactment of this Act, and agricultural products subject to tariff reductions by the United States as a result of the Uruguay Round Agreements, for which the rate of duty was reduced on January 1, 1995, to a rate which was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; (II) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning— (aa) whether any further tariff reductions on the products identified under subclause (I) should be appropriate, taking into account the impact of any such tariff reduction on the United States industry producing the product concerned; (bb) whether the products so identified face unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in contravention of the Uruguay Round Agreements; and (cc) whether the countries participating in the negotiations maintain export subsidies or other programs, policies, or practices that distort world trade in such products and the impact of such programs, policies, and practices on United States producers of the products; (III) request that the International Trade Commission prepare an assessment of the probable economic effects of any such tariff reduction on the United States industry producing the product concerned and on the United States economy as a whole; and (IV) upon complying with subclauses (I), (II), and (III), notify the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate of those products identified under subclause (I) for which the Trade Representative intends to seek tariff liberalization in the negotiations and the reasons for seeking such tariff liberalization. (ii) If, after negotiations described in clause (i) are commenced— (I) the United States Trade Representative identifies any additional agricultural product described in clause (i)(I) for tariff reductions which were not the subject of a notification under clause (i)(IV), or (II) any additional agricultural product described in clause (i)(I) is the subject of a request for tariff reductions by a party to the negotiations, the Trade Representative shall, as soon as practicable, notify the committees referred to in clause (i)(IV) of those products and the reasons for seeking such tariff reductions. (4) Negotiations regarding the fishing industry Before initiating, or continuing, negotiations that directly relate to fish or shellfish trade with any country, the President shall consult with the Committee on Ways and Means and the Committee on Natural Resources of the House of Representatives, and the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate, and shall keep the Committees apprised of the negotiations on an ongoing and timely basis. (5) Negotiations regarding textiles Before initiating or continuing negotiations the subject matter of which is directly related to textiles and apparel products with any country, the President shall— (A) assess whether United States tariffs on textile and apparel products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country and whether the negotiation provides an opportunity to address any such disparity; and (B) consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. (6) Adherence to existing international trade and investment agreement obligations In determining whether to enter into negotiations with a particular country, the President shall take into account the extent to which that country has implemented, or has accelerated the implementation of, its international trade and investment commitments to the United States, including pursuant to the WTO Agreement. (b) Consultation with congress before entry into agreement (1) Consultation Before entering into any trade agreement under section 3(b), the President shall consult with— (A) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; (B) each other committee of the House and the Senate, and each joint committee of Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement; and (C) the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under section 4(c). (2) Scope The consultation described in paragraph (1) shall include consultation with respect to— (A) the nature of the agreement; (B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this Act; and (C) the implementation of the agreement under section 6, including the general effect of the agreement on existing laws. (3) Report regarding united states trade remedy laws (A) Changes in certain trade laws The President, not less than 180 calendar days before the day on which the President enters into a trade agreement under section 3(b), shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate— (i) the range of proposals advanced in the negotiations with respect to that agreement, that may be in the final agreement, and that could require amendments to title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. 19 U.S.C. 2251 et seq. (ii) how these proposals relate to the objectives described in section 2(b)(16). (B) Resolutions (i) At any time after the transmission of the report under subparagraph (A), if a resolution is introduced with respect to that report in either House of Congress, the procedures set forth in clauses (iii) through (vii) shall apply to that resolution if— (I) no other resolution with respect to that report has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to those procedures; and (II) no procedural disapproval resolution under section 6(b) introduced with respect to a trade agreement entered into pursuant to the negotiations to which the report under subparagraph (A) relates has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be. (ii) For purposes of this subparagraph, the term resolution That the ____ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to Congress on ____ under section 5(b)(3) of the Bipartisan Congressional Trade Priorities Act of 2014 (iii) Resolutions in the House of Representatives— (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee. (iv) Resolutions in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (v) It is not in order for the House of Representatives to consider any resolution that is not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. (vi) It is not in order for the Senate to consider any resolution that is not reported by the Committee on Finance. (vii) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 (4) Advisory committee reports The report required under section 135(e)(1) of the Trade Act of 1974 ( 19 U.S.C. 2155(e)(1) (c) International Trade Commission assessment (1) Submission of information to commission The President, not later than 90 calendar days before the day on which the President enters into a trade agreement under section 3(b), shall provide the International Trade Commission (referred to in this subsection as the Commission (2) Assessment Not later than 105 calendar days after the President enters into a trade agreement under section 3(b), the Commission shall submit to the President and Congress a report assessing the likely impact of the agreement on the United States economy as a whole and on specific industry sectors, including the impact the agreement will have on the gross domestic product, exports and imports, aggregate employment and employment opportunities, the production, employment, and competitive position of industries likely to be significantly affected by the agreement, and the interests of United States consumers. (3) Review of empirical literature In preparing the assessment under paragraph (2), the Commission shall review available economic assessments regarding the agreement, including literature regarding any substantially equivalent proposed agreement, and shall provide in its assessment a description of the analyses used and conclusions drawn in such literature, and a discussion of areas of consensus and divergence between the various analyses and conclusions, including those of the Commission regarding the agreement. (4) Public availability The President shall make each assessment under paragraph (2) available to the public. (d) Reports submitted to committees with agreement (1) Environmental reviews and reports The President shall— (A) conduct environmental reviews of future trade and investment agreements, consistent with Executive Order 13141 (64 Fed. Reg. 63169), dated November 16, 1999, and its relevant guidelines; and (B) submit a report on those reviews and on the content and operation of consultative mechanisms established pursuant to section 2(c) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C). (2) Employment impact reviews and reports The President shall— (A) review the impact of future trade agreements on United States employment, including labor markets, modeled after Executive Order 13141 (64 Fed. Reg. 63169) to the extent appropriate in establishing procedures and criteria; and (B) submit a report on such reviews to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C). (3) Report on labor rights The President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on a timeframe determined in accordance with section 4(c)(3)(B)— (A) a meaningful labor rights report of the country, or countries, with respect to which the President is negotiating; and (B) a description of any provisions that would require changes to the labor laws and labor practices of the United States. (4) Public availability The President shall make all reports required under this subsection available to the public. (e) Implementation and enforcement plan (1) In general At the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C), the President shall also submit to Congress a plan for implementing and enforcing the agreement. (2) Elements The implementation and enforcement plan required by paragraph (1) shall include the following: (A) Border personnel requirements A description of additional personnel required at border entry points, including a list of additional customs and agricultural inspectors. (B) Agency staffing requirements A description of additional personnel required by Federal agencies responsible for monitoring and implementing the trade agreement, including personnel required by the Office of the United States Trade Representative, the Department of Commerce, the Department of Agriculture (including additional personnel required to implement sanitary and phytosanitary measures in order to obtain market access for United States exports), the Department of Homeland Security, the Department of the Treasury, and such other agencies as may be necessary. (C) Customs infrastructure requirements A description of the additional equipment and facilities needed by U.S. Customs and Border Protection. (D) Impact on state and local governments A description of the impact the trade agreement will have on State and local governments as a result of increases in trade. (E) Cost analysis An analysis of the costs associated with each of the items listed in subparagraphs (A) through (D). (3) Budget submission The President shall include a request for the resources necessary to support the plan required by paragraph (1) in the first budget of the President submitted to Congress under section 1105(a) (4) Public availability The President shall make the plan required under this subsection available to the public. (f) Other reports (1) Report on penalties Not later than one year after the imposition of a penalty or remedy by the United States permitted by a trade agreement to which this Act applies, the President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the effectiveness of the penalty or remedy applied under United States law in enforcing United States rights under the trade agreement, which shall address whether the penalty or remedy was effective in changing the behavior of the targeted party and whether the penalty or remedy had any adverse impact on parties or interests not party to the dispute. (2) Report on impact of trade promotion authority Not later than one year after the date of the enactment of this Act, the United States International Trade Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984. (3) Enforcement consultations and reports (A) The United States Trade Representative shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate after acceptance of a petition for review or taking an enforcement action in regard to an obligation under a trade agreement, including a labor or environmental obligation. During such consultations, the United States Trade Representative shall describe the matter, including the basis for such action and the application of any relevant legal obligations. (B) As part of the report required pursuant to section 163 of the Trade Act of 1974 ( 19 U.S.C. 2213 (g) Additional coordination with members Any Member of the House of Representatives may submit to the Committee on Ways and Means of the House of Representatives and any Member of the Senate may submit to the Committee on Finance of the Senate the views of that Member on any matter relevant to a proposed trade agreement, and the relevant Committee shall receive those views for consideration. 6. Implementation of trade agreements (a) In general (1) Notification and submission Any agreement entered into under section 3(b) shall enter into force with respect to the United States if (and only if)— (A) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President’s intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (B) within 60 days after entering into the agreement, the President submits to Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement; (C) after entering into the agreement, the President submits to Congress, on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement, together with— (i) a draft of an implementing bill described in section 3(b)(3); (ii) a statement of any administrative action proposed to implement the trade agreement; and (iii) the supporting information described in paragraph (2)(A); (D) the implementing bill is enacted into law; and (E) the President, not later than 30 days before the date on which the agreement enters into force with respect to a party to the agreement, submits written notice to Congress that the President has determined that the party has taken measures necessary to comply with those provisions of the agreement that are to take effect on the date on which the agreement enters into force. (2) Supporting information (A) In general The supporting information required under paragraph (1)(C)(iii) consists of— (i) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and (ii) a statement— (I) asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this Act; and (II) setting forth the reasons of the President regarding— (aa) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in subclause (I); (bb) whether and how the agreement changes provisions of an agreement previously negotiated; (cc) how the agreement serves the interests of United States commerce; and (dd) how the implementing bill meets the standards set forth in section 3(b)(3). (B) Public availability The President shall make the supporting information described in subparagraph (A) available to the public. (3) Reciprocal benefits In order to ensure that a foreign country that is not a party to a trade agreement entered into under section 3(b) does not receive benefits under the agreement unless the country is also subject to the obligations under the agreement, the implementing bill submitted with respect to the agreement shall provide that the benefits and obligations under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the agreement. The implementing bill may also provide that the benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is consistent with the terms of the agreement. (4) Disclosure of commitments Any agreement or other understanding with a foreign government or governments (whether oral or in writing) that— (A) relates to a trade agreement with respect to which Congress enacts an implementing bill under trade authorities procedures; and (B) is not disclosed to Congress before an implementing bill with respect to that agreement is introduced in either House of Congress, shall not be considered to be part of the agreement approved by Congress and shall have no force and effect under United States law or in any dispute settlement body. (b) Limitations on trade authorities procedures (1) For lack of notice or consultations (A) In general The trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 3(b) if during the 60-day period beginning on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement or agreements. (B) Procedural disapproval resolution (i) For purposes of this paragraph, the term procedural disapproval resolution That the President has failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities Act of 2014 (ii) For purposes of clause (i), the President has failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities Act of 2014 (I) the President has failed or refused to consult (as the case may be) in accordance with sections 4 and 5 and this section with respect to the negotiations, agreement, or agreements; (II) guidelines under section 4 have not been developed or met with respect to the negotiations, agreement, or agreements; (III) the President has not met with the House Advisory Group on Negotiations or the Senate Advisory Group on Negotiations pursuant to a request made under section 4(c)(4) with respect to the negotiations, agreement, or agreements; or (IV) the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this Act. (2) Procedures for considering resolutions (A) Procedural disapproval resolutions— (i) in the House of Representatives— (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 (C) It is not in order for the House of Representatives to consider any procedural disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. (D) It is not in order for the Senate to consider any procedural disapproval resolution not reported by the Committee on Finance. (3) For failure to meet other requirements Not later than December 15, 2014, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the United States Trade Representative, shall transmit to Congress a report setting forth the strategy of the executive branch to address concerns of Congress regarding whether dispute settlement panels and the Appellate Body of the World Trade Organization have added to obligations, or diminished rights, of the United States, as described in section 2(b)(15)(C). Trade authorities procedures shall not apply to any implementing bill with respect to an agreement negotiated under the auspices of the World Trade Organization unless the Secretary of Commerce has issued such report by the deadline specified in this paragraph. (c) Rules of House of Representatives and Senate Subsection (b) of this section, section 3(c), and section 5(b)(3) are enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. 7. Treatment of certain trade agreements for which negotiations have already begun (a) Certain agreements Notwithstanding the prenegotiation notification and consultation requirement described in section 5(a), if an agreement to which section 3(b) applies— (1) is entered into under the auspices of the World Trade Organization, (2) is entered into with the Trans-Pacific Partnership countries with respect to which notifications have been made in a manner consistent with section 5(a)(1) as of the date of the enactment of this Act, (3) is entered into with the European Union, or (4) is an agreement with respect to international trade in services entered into with WTO members with respect to which notifications have been made in a manner consistent with section 5(a)(2) as of the date of the enactment of this Act, and results from negotiations that were commenced before the date of the enactment of this Act, subsection (b) shall apply. (b) Treatment of agreements In the case of any agreement to which subsection (a) applies— (1) the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 5(a) (relating only to notice prior to initiating negotiations), and any procedural disapproval resolution under section 6(b)(1)(B) shall not be in order on the basis of a failure or refusal to comply with the provisions of section 5(a); provided that (2) the President as soon as feasible after the date of the enactment of this Act— (A) notifies the Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and (B) before and after submission of the notice, consults regarding the negotiations with the committees referred to in section 5(a)(1)(B) and the House and Senate Advisory Groups on Negotiations convened under section 4(c). 8. Sovereignty (a) United States law To prevail in event of conflict No provision of any trade agreement entered into under section 3(b), nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States, any State of the United States, or any locality of the United States shall have effect. (b) Amendments or modifications of United States law No provision of any trade agreement entered into under section 3(b) shall prevent the United States, any State of the United States, or any locality of the United States from amending or modifying any law of the United States, that State, or that locality (as the case may be). (c) Dispute settlement reports Reports, including findings and recommendations, issued by dispute settlement panels convened pursuant to any trade agreement entered into under section 3(b) shall have no binding effect on the law of the United States, the Government of the United States, or the law or government of any State or locality of the United States. 9. Interests of small businesses (a) Sense of Congress It is the sense of Congress that— (1) the United States Trade Representative should facilitate participation by small businesses in the trade negotiation process; and (2) the functions of the Office of the United States Trade Representative relating to small businesses should continue to be reflected in the title of the Assistant United States Trade Representative assigned the responsibility for small businesses. (b) Consideration of small business interests The Assistant United States Trade Representative for Small Business, Market Access, and Industrial Competitiveness shall be responsible for ensuring that the interests of small businesses are considered in all trade negotiations in accordance with the objective described in section 2(a)(8). 10. Conforming amendments; application of certain provisions (a) Conforming amendments (1) Advice from United States International Trade Commission Section 131 of the Trade Act of 1974 ( 19 U.S.C. 2151 (A) in subsection (a)— (i) in paragraph (1), by striking section 2103(a) or (b) of the Bipartisan Trade Promotion Authority Act of 2002 subsection (a) or (b) of section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (ii) in paragraph (2), by striking section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 section 3(b) of the Bipartisan Congressional Trade Priorities Act of 2014 (B) in subsection (b), by striking section 2103(a)(3)(A) of the Bipartisan Trade Promotion Authority Act of 2002 section 3(a)(4)(A) of the Bipartisan Congressional Trade Priorities Act of 2014 (C) in subsection (c), by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3(a) of the Bipartisan Congressional Trade Priorities Act of 2014 (2) Hearings Section 132 of the Trade Act of 1974 ( 19 U.S.C. 2152 section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (3) Public hearings Section 133(a) of the Trade Act of 1974 ( 19 U.S.C. 2153(a) section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (4) Prerequisites for offers Section 134 of the Trade Act of 1974 ( 19 U.S.C. 2154 section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (5) Information and advice from private and public sectors Section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 (A) in subsection (a)(1)(A), by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (B) in subsection (e)— (i) in paragraph (1)— (I) by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (II) by striking not later than the date on which the President notifies the Congress under section 2105(a)(1)(A) of the Bipartisan Trade Promotion Authority Act of 2002 not later than the date that is 30 days after the date on which the President notifies Congress under section 6(a)(1)(A) of the Bipartisan Congressional Trade Priorities Act of 2014 (ii) in paragraph (2), by striking section 2102 of the Bipartisan Trade Promotion Authority Act of 2002 section 2 of the Bipartisan Congressional Trade Priorities Act of 2014 (6) Procedures relating to implementing bills Section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 (A) in subsection (b)(1), in the matter preceding subparagraph (A), by striking section 2105(a)(1) of the Bipartisan Trade Promotion Authority Act of 2002 section 6(a)(1) of the Bipartisan Congressional Trade Priorities Act of 2014 (B) in subsection (c)(1), by striking section 2105(a)(1) of the Bipartisan Trade Promotion Authority Act of 2002 section 6(a)(1) of the Bipartisan Congressional Trade Priorities Act of 2014 (7) Transmission of agreements to Congress Section 162(a) of the Trade Act of 1974 ( 19 U.S.C. 2212(a) section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (b) Application of certain provisions For purposes of applying sections 125, 126, and 127 of the Trade Act of 1974 ( 19 U.S.C. 2135 (1) any trade agreement entered into under section 3 shall be treated as an agreement entered into under section 101 or 102 of the Trade Act of 1974 (19 U.S.C. 2111 or 2112), as appropriate; and (2) any proclamation or Executive order issued pursuant to a trade agreement entered into under section 3 shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 102 of the Trade Act of 1974 ( 19 U.S.C. 2112 11. Definitions In this Act: (1) Agreement on agriculture The term Agreement on Agriculture 19 U.S.C. 3511(d)(2) (2) Agreement on safeguards The term Agreement on Safeguards 19 U.S.C. 3511(d)(13) (3) Agreement on subsidies and countervailing measures The term Agreement on Subsidies and Countervailing Measures 19 U.S.C. 3511(d)(12) (4) Antidumping agreement The term Antidumping Agreement 19 U.S.C. 3511(d)(7) (5) Appellate body The term Appellate Body (6) Common multilateral environmental agreement (A) In general The term common multilateral environmental agreement (B) Agreements specified The agreements specified in this subparagraph are the following: (i) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249). (ii) The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987. (iii) The Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London February 17, 1978. (iv) The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, done at Ramsar February 2, 1971 (TIAS 11084). (v) The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra May 20, 1980 (33 UST 3476). (vi) The International Convention for the Regulation of Whaling, done at Washington December 2, 1946 (62 Stat. 1716). (vii) The Convention for the Establishment of an Inter-American Tropical Tuna Commission, done at Washington May 31, 1949 (1 UST 230). (C) Additional agreements Both the United States and one or more other parties to the negotiations may agree to include any other multilateral environmental or conservation agreement to which they are full parties as a common multilateral environmental agreement under this paragraph. (7) Core labor standards The term core labor standards (A) freedom of association; (B) the effective recognition of the right to collective bargaining; (C) the elimination of all forms of forced or compulsory labor; (D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and (E) the elimination of discrimination in respect of employment and occupation. (8) Dispute settlement understanding The term Dispute Settlement Understanding 19 U.S.C. 3511(d)(16) (9) Enabling Clause The term Enabling Clause 19 U.S.C. 3501 (10) Environmental laws The term environmental laws (11) GATT 1994 The term GATT 1994 19 U.S.C. 3501 (12) General Agreement on Trade in Services The term General Agreement on Trade in Services 19 U.S.C. 3511(d)(14) (13) Government procurement agreement The term Government Procurement Agreement 19 U.S.C. 3511(d)(17) (14) ILO The term ILO (15) Import sensitive agricultural product The term import sensitive agricultural product (A) with respect to which, as a result of the Uruguay Round Agreements the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on January 1, 1995, to a rate that was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; or (B) which was subject to a tariff rate quota on the date of the enactment of this Act. (16) Information technology agreement The term Information Technology Agreement (17) Internationally recognized core labor standards The term internationally recognized core labor standards (18) Labor laws The term labor laws (19) United states person The term United States person (A) a United States citizen; (B) a partnership, corporation, or other legal entity that is organized under the laws of the United States; and (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both. (20) Uruguay round agreements The term Uruguay Round Agreements 19 U.S.C. 3501(7) (21) World trade organization; WTO The terms World Trade Organization WTO (22) WTO agreement The term WTO Agreement (23) WTO member The term WTO member 19 U.S.C. 3501(10)

Bipartisan Congressional Trade Priorities Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Support for United States-Republic of Korea Civil Nuclear Cooperation Act - Authorizes the President to extend the term of the Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Atomic Energy to a date that is not later than March 19, 2016. Directs the President to report to Congress every 180 days on the progress of negotiations on a new U.S.-Korea civil nuclear cooperation agreement.

S1901 ENR: Support for United States-Republic of Korea Civil Nuclear Cooperation 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. 1901 IN THE SENATE OF THE UNITED STATES AN ACT To authorize the President to extend the term of the nuclear energy agreement with the Republic of Korea until March 19, 2016. 1. Short title This Act may be cited as the Support for United States-Republic of Korea Civil Nuclear Cooperation Act 2. Findings Congress makes the following findings: (1) In the 60th year of the alliance, the relationship between the United States and the Republic of Korea could not be stronger. It is based on mutual sacrifice, mutual respect, shared interests, and shared responsibility to promote peace and security in the Asia-Pacific region and throughout the world. (2) North Korea’s nuclear weapons programs, including uranium enrichment and plutonium reprocessing technologies, undermine security on the Korean Peninsula. The United States and the Republic of Korea have a shared interest in preventing further proliferation, including through the implementation of the 2005 Joint Statement of the Six-Party Talks. (3) Both the United States and Republic of Korea have a shared objective in strengthening the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow, and Washington July 1, 1968, and a political and a commercial interest in working collaboratively to address challenges to their respective peaceful civil nuclear programs. (4) The nuclear energy agreement referred to in section 3 is scheduled to expire on March 19, 2014. In order to maintain healthy and uninterrupted cooperation in this area between the two countries while a new agreement is being negotiated, Congress should authorize the President to extend the duration of the current agreement until March 19, 2016. 3. Extension of nuclear energy agreement with the Republic of Korea Notwithstanding section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 4. Report to Congress on progress of negotiations between the United States and Republic of Korea Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until a new Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Nuclear Energy is submitted to Congress, the President shall provide to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on the progress of negotiations on a new civil nuclear cooperation agreement. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Support for United States-Republic of Korea Civil Nuclear Cooperation Act

Health Exchange Security and Transparency Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to notify an individual within two business days after discovery of any breach of security of any system maintained by a health care exchange established under the Patient Protection and Affordable Care Act which is known to have resulted in the theft of or unlawful access to the individual's personally identifiable information.

113 S1902 IS: Health Exchange Security and Transparency Act of 2014 U.S. Senate 2014-01-09 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. 1902 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Barrasso Mr. Johanns Mr. Coburn Mr. Cochran Mr. Isakson Mr. Moran Mr. Hatch Mrs. Fischer Mr. Scott Mr. Burr Committee on Health, Education, Labor, and Pensions A BILL To require notification of individuals of breaches of personally identifiable information through Exchanges under the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Health Exchange Security and Transparency Act of 2014 2. Notification of individuals of breaches of personally identifiable information through PPACA Exchanges Not later than two business days after the discovery of a breach of security of any system maintained by an Exchange established under section 1311 or 1321 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031

Health Exchange Security and Transparency Act of 2014

Prepaid Card Disclosure Act of 2014 - Amends the Electronic Fund Transfer Act to extend its coverage to spending accounts (transaction accounts) established by a consumer (or on a consumer's behalf) at an insured depository institution or credit union: (1) to which recurring electronic fund transfers may be made, at the consumer's direction; or (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device (commonly referred to as prepaid cards). Treats as a spending account any similar transaction account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending account: (1) any nonreloadable general-use prepaid card in an amount under $250; (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other health care benefit account; (3) a gift certificate; (4) a store gift card; (5) an electronic promise, plastic card, or payment code, or device; (6) a nonreloadable card labeled as a gift card and marketed solely as such; (7) a nonreloadable loyalty, rebate, or promotional card; or (8) a debit card or general-use prepaid card that has been provided to a person pursuant to a federal, state or local government-administered payment program, in which the person may only use the card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to that program. Authorizes the Consumer Financial Protection Bureau (CFPB) to require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that the technology is capable of providing an electronic link to certain required disclosures to the consumer.

113 S1903 IS: Prepaid Card Disclosure Act of 2014 U.S. Senate 2014-01-09 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. 1903 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Warner Committee on Banking, Housing, and Urban Affairs A BILL To provide greater fee disclosures for consumers who have prepaid cards, and for other purposes. 1. Short title This Act may be cited as the Prepaid Card Disclosure Act of 2014 2. Spending accounts (a) Spending accounts The Electronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. (1) by redesignating section 923 (15 U.S.C. 1693 note), relating to the effective date of the Electronic Fund Transfer Act, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (2) by redesignating section 922 (15 U.S.C. 1693r), relating to exemptions for State regulation, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (3) by inserting after section 923, as so redesignated, the following: 924. Spending accounts; disclosure of fee information (a) Definition For purposes of this section, the term spending account (1) means a transaction account, other than as defined in section 903(2)— (A) that is established by a consumer or on behalf of a consumer at an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c) (B) that contains the funds of a consumer; (C) to which payments are to be made by a consumer, or at the direction of a consumer; (D) to which recurring electronic fund transfers may be made, at the direction of a consumer; or (E) from which payments may be made at the direction of a consumer through the use of a card, code, or device; (2) includes a transaction account described in paragraph (1)— (A) that is operated or managed by a financial institution, or any other person; and (B) the funds of which are— (i) pooled with the funds of a person other than the person who established the account; or (ii) held in a name other than that of the person who established the account; and (3) does not include— (A) a nonreloadable general-use prepaid card, as defined in section 915(a)(2)(A), in an amount that does not exceed $250; (B) a general-use prepaid card, as defined in section 915(a)(2)(A), that is solely associated with— (i) a health plan to which section 105 (ii) a qualified transportation fringe, as defined in section 132(f) of the Internal Revenue Code of 1986; (iii) a health savings account, as defined in section 223(d) of the Internal Revenue Code of 1986; or (iv) any other healthcare benefit account, including a healthcare account relating to Medicare or Medicaid benefits; (C) a gift certificate, as defined in section 915(a)(2)(B); (D) a store gift card, as defined in section 915(a)(2)(C); (E) an electronic promise, plastic card, or payment code or device described in clause (i), (v), or (vi) of section 915(a)(2)(D); (F) a nonreloadable card labeled as a gift card and marketed solely as a gift card; (G) a nonreloadable loyalty, rebate, or promotional card; or (H) a debit card or general-use prepaid card that has been provided to a person pursuant to a Federal, State or local government administered payment program, in which the person may only use the debit card or general-use prepaid card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to such program. (b) Disclosure of fee information (1) Disclosure required Each financial institution or entity that is operated, managed, or controlled by a financial institution, or any other person that offers a spending account shall provide to a consumer— (A) together with any application, offer, or solicitation for a spending account, a table of any fees that may be charged in connection with the spending account that— (i) can be easily understood by the consumer; (ii) is clearly and conspicuously displayed to the consumer before purchase; and (iii) includes, at a minimum, the amount and a description of each fee that may be charged in connection with the spending account by the financial institution or entity that is operated, managed, or controlled by a financial institution, or any other person; and (B) on the card or other means of access, a toll-free telephone number and website at which the consumer may access a clear and conspicuous disclosure of the fees that may be charged in connection with the spending account. (2) QR code The Bureau may, in accordance with any rules established under paragraph (3) and in addition to the disclosure requirements under paragraph (1), require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that such QR code, barcode, or other technology is capable of providing an electronic link to the disclosures required under paragraph (1) to a consumer. (3) Rules Not later than 9 months after the date of enactment of the Prepaid Card Disclosure Act of 2014 . (b) Technical and conforming amendments Section 903 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693a (1) by redesignating paragraph (4) (relating to the Board of Governors of the Federal Reserve System), as so designated by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (2) in paragraph (3), as so redesignated, by striking term Bureau term Board (c) Preservation of authority Nothing in this Act shall be construed to limit, amend, or otherwise alter the authority of the Bureau of Consumer Financial Protection to issue and adopt rules, take any action, or exercise any other power under the Electronic Fund Transfer Act, including with respect to general-use prepaid cards or any other electronic fund transfer product not subject to the provisions of this Act. (d) Rule of construction relating to EBT cards Nothing in this Act shall be construed to affect the regulation of electronic benefit transfers by the Bureau of Consumer Financial Protection.

Prepaid Card Disclosure Act of 2014

Higher Education Reform and Opportunity Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the following entities, programs, and courses eligible for funding under title IV if they are accredited by an authorized accreditation authority in a state that has an alternative accreditation agreement with the Secretary of Education: institutions that provide postsecondary courses; postsecondary apprenticeship programs; and postsecondary education courses or programs provided by institutions of postsecondary education, nonprofit organizations, or for-profit organizations or businesses. Lists the items to be included in a state's alternative accreditation agreement with the Secretary, including the standards those entities, programs, and courses must meet to receive and maintain their accreditation. Requires that agreement to include the state's assurance that only entities, programs, and courses that provide credits toward a postsecondary certification, credential, or degree (as defined by the state in the agreement) will be accredited. Establishes the formula for determining the administrative cost allowance for: (1) the entities, programs, and courses that are accredited through the alternative accreditation system and that administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant programs in accordance with the agreement; and (2) states that will administer those programs for such entities, programs, and courses in accordance with the agreement.

113 S1904 IS: Higher Education Reform and Opportunity Act of 2013 U.S. Senate 2014-01-09 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. 1904 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Lee Committee on Health, Education, Labor, and Pensions A BILL To amend the eligibility requirements for funding under title IV of the Higher Education Act of 1965. 1. Short title This Act may be cited as the Higher Education Reform and Opportunity Act of 2013 2. Amendments to the Higher Education Act (a) Definition of Institution of Higher Education Section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking Subject to paragraphs (2) through (4) Subject to paragraphs (2) through (5) (3) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) if accredited by an authorized accreditation authority in a State that has an alternative accreditation agreement with the Secretary, as described in paragraph (5)— (i) an institution that provides postsecondary education; (ii) a postsecondary apprenticeship program; or (iii) a postsecondary education course or program provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business; ; and (4) by inserting after paragraph (4), the following: (5) State alternative accreditation (A) In General Notwithstanding any other provision of law, a State may establish an alternative accreditation system for the purpose of establishing institutions that provide postsecondary education and postsecondary education courses or programs as eligible for funding under title IV if the State enters into an agreement with the Secretary for the establishment of the alternative accreditation system. Such institutions, courses, or programs may include— (i) institutions that provide postsecondary education; (ii) postsecondary apprenticeship programs; (iii) any other postsecondary education course or program offered at an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business; and (iv) any of the entities described in clauses (i) through (iii) that do not award a postsecondary certification, credential, or degree, provided that such entity provides credit that will apply toward a postsecondary certification, credential, or degree. (B) Alternative accreditation agreement The alternative accreditation agreement described in subparagraph (A) shall include the following: (i) The designation of one or more authorized accrediting entities within the State, such as the State Department of Education, another State agency, an industry-specific accrediting agency, or another entity, and an explanation of the process through which the State will select such authorized accrediting entities. (ii) The standards or criteria that an institution that provides postsecondary education and a postsecondary education course or program must meet in order to— (I) receive an initial accreditation as part of the alternative accreditation system; and (II) maintain such accreditation. (iii) A description of the appeals process through which an institution that provides postsecondary education and a postsecondary education course or program may appeal to an authorized accrediting entity if such institution, course, or program is denied accreditation under the State alternative accreditation system. (iv) Each authorized accrediting entity's policy regarding the transfer of credits between institutions that provide postsecondary education and postsecondary education courses or programs within the State that are accredited as part of the alternative accreditation system. (v) The Secretary's reporting requirements for the State regarding the State alternative accreditation system, including— (I) the contents of reports that must be submitted to the Secretary, which may include information such as— (aa) in the case of a postsecondary education course or program that is accredited through the State alternative accreditation system— (AA) the number and percentage of students who successfully complete each such postsecondary education course or program; and (BB) the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree using credit obtained from each such postsecondary education course or program; and (bb) in the case of an institution that provides postsecondary education that is accredited through the State alternative accreditation system— (AA) the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree from such institution; and (BB) the number and percentage of students who do not successfully obtain a postsecondary certification, credential, or degree from such institution but do obtain credit from such institution toward a postsecondary degree, credential, or certification; (II) the frequency with which such reports must be submitted to the Secretary; and (III) any requirements for third party verification of information contained in such reports. (vi) The State policy regarding public accessibility to certain information relating to institutions that provide postsecondary education and postsecondary education courses and programs accredited under the State alternative accreditation system, including— (I) the information described in subclause (I) of clause (v); and (II) information about the rates of job placement for individuals that have graduated from an institution or completed a course or program that is accredited under the State alternative accreditation system. (vii) An assurance by the State that under the State alternative accreditation system, only institutions that provide postsecondary education and postsecondary education courses or programs that provide credits toward a postsecondary certification, credential, or degree (as defined by the State in accordance with clause (viii)) will be accredited. (viii) The State's definition of a postsecondary certification, credential, or degree, as such term applies to the requirement described in clause (vii). (ix) A description of the agreements that the State will enter into with institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system to enable such institutions, courses, or programs to be eligible under a program authorized under title IV, for participation in the direct student loan program, and for the origination of loans under part D of title IV, and how such agreements will operate in lieu of the agreements described in sections 487 and 454. (x) A description of how the State will select institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system, in lieu of the selection process described in section 453, for— (I) participation in the direct student loan program under part D of title IV; and (II) approval allowing such institution, program, or course to originate direct loans under part D of title IV. (xi) A description of how the State will administer title IV funds for institutions that provide postsecondary education, postsecondary apprenticeship programs, and postsecondary education courses or programs provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business that are accredited through the alternative accreditation system. (C) Administrative Costs for Pell Grant Students (i) Pell Grants administered by entities In the case of an institution that provides postsecondary education, a postsecondary apprenticeship program, or an entity that provides a postsecondary education course or program that is accredited through the alternative accreditation system and that will administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants in accordance with the agreement described in subparagraph (B)(xi), the Secretary shall, in lieu of carrying out section 690.10 (ii) Pell Grants administered by States In the case of an institution that provides postsecondary education, a postsecondary apprenticeship program, or an entity that provides a postsecondary education course or program that is accredited through the alternative accreditation system and will not administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants, but will have such programs administered by the State in accordance with the agreement described in subparagraph (B)(xi), the Secretary shall, in lieu of carrying out section 690.10 (iii) Use of Funds All funds that an institution, apprenticeship program, entity, or the State receives under this subparagraph shall be used solely to pay the cost of— (I) administering the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants; and (II) carrying out the reporting requirements described under subparagraph (B)(v). (iv) Financial aid services If an institution, apprenticeship program, or entity described in this subparagraph enrolls a significant number of students who are attending less-than-full-time or are independent students, such institution, apprenticeship program, entity, or the State, as the case may be, shall use a reasonable proportion of the funds provided under this subparagraph to make financial aid services available during times and in places that will most effectively accommodate the needs of those students. . (b) Title IV eligibility requirements Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 493E. State Accredited Institutions, Programs, or Courses Notwithstanding any other provision of law, an institution, program, or course that is eligible for funds under this title in accordance with section 102(a)(1)(B) and meets the requirements of section 102(a)(5) shall not be required to meet any other requirements of this title. For purposes of this title, such an institution, program, or course shall be deemed to be an eligible institution that meets the requirements of section 487. .

Higher Education Reform and Opportunity Act of 2013

Electricity Security and Affordability Act - Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act. Requires the Administrator to separate sources fueled with coal and natural gas into separate categories. Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within the coal category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard. Requires the Administrator, in separating sources fueled with coal into a separate category, to establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units (BTUs) per pound. Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory that meets the unit requirements specified by this Act for the coal category. Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source. Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.

113 S1905 IS: Electricity Security and Affordability Act U.S. Senate 2014-01-09 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. 1905 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Manchin Mr. Hoeven Committee on Environment and Public Works A BILL To provide direction to the Administrator of the Environmental Protection Agency regarding the establishment of standards for emissions of any greenhouse gas from fossil fuel-fired electric utility generating units, and for other purposes. 1. Short title This Act may be cited as the Electricity Security and Affordability Act 2. Standards of performance for new fossil fuel-fired electric utility generating units (a) Limitation The Administrator of the Environmental Protection Agency may not issue, implement, or enforce any proposed or final rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (b) Requirements In issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (1) shall separate sources fueled with coal and natural gas into separate categories; and (2) shall not set a standard based on the best system of emission reduction for new sources within the coal category unless— (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within such category— (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal having a heat content of 8300 or less British Thermal Units per pound (1) Separate subcategory In carrying out subsection (b)(1), the Administrator of the Environmental Protection Agency shall establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units per pound. (2) Standard Notwithstanding subsection (b)(2), in issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory— (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. 3. Congressional approval required for standards of performance for existing, modified, and reconstructed fossil fuel-fired electric utility generating units (a) Applicability This section applies with respect to any rule or guidelines issued by the Administrator of the Environmental Protection Agency under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (1) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit; or (2) apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. (b) Congressional approval A rule or guidelines described in subsection (a) shall not take effect unless a Federal law is enacted specifying such rule’s or guidelines’ effective date. (c) Reporting A rule or guidelines described in subsection (a) shall not take effect unless the Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on— (A) economic growth, competitiveness, and jobs in the United States; and (B) electricity ratepayers, including low-income ratepayers in affected States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. 4. Repeal of earlier rules and guidelines The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule— (A) entitled Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units (B) withdrawn pursuant to the notice entitled Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units (2) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that— (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (A) are issued prior to the date of the enactment of this Act; and (B) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit or apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. 5. Definitions In this Act: (1) Demonstration project The term demonstration project (2) Existing source The term existing source 42 U.S.C. 7411(a) (3) Greenhouse gas The term greenhouse gas (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification The term modification 42 U.S.C. 7411(a) (5) Modified source The term modified source (6) New source The term new source 42 U.S.C. 7411(a)

Electricity Security and Affordability Act

Fairness for Community Job Creators Act - Amends the Bank Holding Company Act of 1956 relating to prohibitions on proprietary trading and certain relationships with hedge and private equity funds (Volcker Rule). Prohibits any construction of these prohibitions to require divestiture of collateralized debt obligations backed by trust-preferred securities or debt securities of collateralized loan obligations, if those collateralized debt obligations or collateralized loan obligations were issued before December 10, 2013.

113 S1907 IS: Fairness for Community Job Creators Act U.S. Senate 2014-01-09 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. 1907 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Kirk Mr. Crapo Mr. Moran Mr. Toomey Mr. Barrasso Mr. Enzi Mr. Wicker Committee on Banking, Housing, and Urban Affairs A BILL To amend a provision of the Bank Holding Company Act of 1956 regarding prohibitions on investments in certain funds to clarify that such provision shall not be construed to require the divestiture of certain collateralized debt obligations backed by trust-preferred securities or debt securities of collateralized loan obligations. 1. Short title This Act may be cited as the Fairness for Community Job Creators Act 2. Rule of construction relating to debt instruments Section 13 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851 (i) Rule of construction Nothing in this section shall be construed to require the divestiture of any collateralized debt obligations backed by trust-preferred securities or debt securities of collateralized loan obligations, if such collateralized debt obligations or collateralized loan obligations were issued before December 10, 2013. .

Fairness for Community Job Creators Act

Constitutional Concealed Carry Reciprocity Act of 2014 - Amends the federal criminal code to authorize a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, who is entitled and not prohibited from carrying a concealed firearm in his or her state of residence or who is carrying a valid state license or permit to carry a concealed weapon, and who is carrying a government-issued photographic identification document, to carry a concealed handgun (which has been shipped or transported in interstate or foreign commerce, other than a machine gun or destructive device) in any state in accordance with the restrictions of that state. Provides that in a state that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual license or permit holders, an individual carrying a concealed handgun under this Act shall be permitted to carry it according to the same terms authorized by an unrestricted license or permit issued by such state.

113 S1908 IS: Constitutional Concealed Carry Reciprocity Act of 2014 U.S. Senate 2014-01-09 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. 1908 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Cornyn Mr. Thune Mr. Vitter Mr. Portman Mr. Enzi Mr. Roberts Mr. Graham Mr. Burr Mr. Crapo Mr. Cochran Mr. Boozman Mr. Inhofe Mr. Johanns Committee on the Judiciary A BILL To allow reciprocity for the carrying of certain concealed firearms. 1. Short title This Act may be cited as the Constitutional Concealed Carry Reciprocity Act of 2014 2. Reciprocity for the carrying of certain concealed firearms (a) In general Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: 926D. Reciprocity for the carrying of certain concealed firearms (a) In general Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary— (1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and (2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. (b) Conditions and limitations The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. (c) Unrestricted license or permit In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. (d) Rule of construction Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms. . (b) Clerical amendment The table of sections for chapter 44 926D. Reciprocity for the carrying of certain concealed firearms. . (c) Severability Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective date The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

Constitutional Concealed Carry Reciprocity Act of 2014

Creating Hope and Opportunity for Individuals and Communities through Education Act or the CHOICE Act - Amends the Scholarships for Opportunity and Results Act to: (1) require the Secretary of Education (Secretary) to use funds appropriated under the Act that are carried over from one fiscal year to the next to provide opportunity scholarships to eligible students who have not yet received them; and (2) include among the eligibility criteria for such a scholarship a requirement that a student in the District of Columbia is enrolled, or will be enrolled for the next school year, in a public or private elementary or secondary school. (Opportunity scholarships are provided to low-income students in the District of Columbia to enable them to attend the District of Columbia private elementary or secondary school of their choice.) Amends the Individuals with Disabilities Education Act to allow states that have established a program allowing the parents of disabled children to use public or private funds to send their children to a private school to use their allocation of special education funds to supplement those funds. Authorizes grants for the improvement of special education services to be used for the planning, design, and initial implementation, during a period of up to three years, of state programs that allow the parents of a disabled child to make a genuine independent choice of the appropriate public or private school for their child. Sets forth requirements for those programs, including that they: (1) permit parents to receive state funds to pay some or all of the costs of their disabled child's attendance at the selected school, or (2) permit persons to receive a state tax credit for donations to an entity that provides funds to enable parents to pay some or all of the costs of their disabled child's attendance at that school. Directs the Secretary of Defense (DOD) to carry out a five-year pilot program to award scholarships to enable military dependent students who live on military installations to attend the public or private elementary or secondary schools their parents choose rather than those assigned to them. Requires the Secretary of Defense to select at least five military installations to participate in the program and choose those where military students would most benefit from expanded education options. Directs the Secretary of Defense to use a random process to select scholarship recipients if more students apply for the scholarships than can be accommodated. Requires the Secretary to return to the Treasury specified amounts made available for Department of Education salaries and expenses.

113 S2173 IS: CHOICE Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2173 IN THE SENATE OF THE UNITED STATES March 27, 2014 Ms. Landrieu Mr. Manchin Mr. Warner Ms. Heitkamp Mr. Begich Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act to provide a permanent path for the direct enrollment of individuals in qualified health plans. 1. Short title This Act may be cited as the Consumers Having Options in Choosing Enrollment Act CHOICE Act 2. Permanent Pathway for Direct Enrollment (a) Findings Congress finds the following: (1) Successful implementation of the Patient Protection and Affordable Care Act (referred to in this section as the ACA (2) The ACA provided for the establishment of new State-based or, in the absence of State action, federally facilitated marketplaces to help connect consumers with health insurance options and coverage. (3) As part of the regulatory guidance related to the marketplaces, the Department of Health and Human Services provided consumers with an option to enroll in health insurance coverage directly, known as direct enrollment. (4) The Department of Health and Human Services also permits enrollment through an Exchange with the assistance of an agent or broker, including permitting consumers to select a product on the Internet website of an agent or broker. (5) Consumers should be permitted a permanent option to enroll directly with a qualified health plan issuer, or Internet website of an agent or broker, in a manner consistent with the marketplaces and as long as certain consumer protections are followed. (6) Consumers should continue to be informed that other health insurance products are available and offered. (7) Consumers should be notified of their eligibility determination for coverage through the Exchange Internet website for premium tax credits and cost sharing reductions. (8) Direct enrollment is not a new idea and has proven to work successfully in getting seniors coverage through the Medicare Advantage program and the Medicare Part D program. (9) Providing a permanent pathway for consumers to directly enroll with a qualified health plan issuer or the certified Internet website of an agent or broker gives such consumers another option to sign up for health insurance coverage and takes the United States one step closer to achieving the goals of the ACA. (b) Direct enrollment Section 1312 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032 (g) Direct enrollment (1) In general Not later than 30 days after the date of enactment of this subsection, the Secretary shall issue guidelines and necessary operational specifications to provide for the establishment of a permanent pathway to enable individuals to enroll in qualified health plans through— (A) in the case of a State with a State-based Exchange, the Exchange, or if determined appropriate by the State, a health insurance issuer, a certified agent or broker, or a Centers for Medicare & Medicaid Services certified Internet web-based broker or entity; or (B) in the case of a State with no State Exchange, the Federal Exchange, a health insurance issuer, an agent or broker certified by the Federal Exchange, or a Centers for Medicare & Medicaid Services certified Internet web-based broker or entity. (2) Availability Guidelines and operational capabilities issued under paragraph (1) shall be available to consumers and applicable health insurance issuers and entities for any enrollment period required under section 1311(c)(6). .

CHOICE Act

Pat Summitt Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to Pat Summitt in recognition of her career in women's team sports and her courage in speaking out about her battle with Alzheimer's disease. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal at a price sufficient to cover the cost of both the gold and bronze medals.

113 S1910 IS: Pat Summitt Congressional Gold Medal Act U.S. Senate 2014-01-09 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. 1910 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Alexander Mr. Corker Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to Pat Summitt, in recognition of her remarkable career as an unparalleled figure in women's team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer's. 1. Short title This Act may be cited as the Pat Summitt Congressional Gold Medal Act 2. Findings Congress finds the following: (1) Pat Summitt, who has more wins than any basketball coach in NCAA history, men or women, concluded her coaching career after 38 seasons at the University of Tennessee on April 18, 2012. (2) Pat Summitt won a record eight NCAA championships, and received National Coach of the Year honors 7 times over her career. (3) Pat Summitt will remain head coach emeritus at the University of Tennessee, mentoring and teaching life skills to players. (4) Coaching has been the great passion of Pat Summitt’s life, and the job has always been an opportunity for her to work with student-athletes and help them discover their true potential. (5) Coach Summitt’s last team at the University of Tennessee finished with an overall record of 27–9, including an SEC Tournament Championship and a spot in the Final Four in Denver. (6) Pat Summitt continued her work off the court, including a graduation record of 100 percent for all Lady Vols who completed their eligibility at the University of Tennessee. (7) Pat Summitt announced on August 23, 2011, that she had been diagnosed with early onset dementia, Alzheimer's Type (8) Later in November 2011, Coach Summitt announced the Pat Summitt Foundation Fund, which helps to provide funding and research for Alzheimer’s and dementia. (9) On May 29, 2012, President Barack Obama awarded the Presidential Medal of Freedom, the country’s highest civilian honor, to Pat Summitt for her remarkable career as an unparalleled figure in women’s team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer’s. 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 presentation, on behalf of the Congress, of a gold medal of appropriate design to Pat Summitt, in recognition of her remarkable career as an unparalleled figure in women’s team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer’s. (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 of title 31, United States Code. (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.

Pat Summitt Congressional Gold Medal Act

Eliot Ness ATF Building Designation Act - Designates the federal building housing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Headquarters located at 99 New York Avenue, N.E., Washington, D.C., as the "Eliot Ness ATF Building."

113 S1914 IS: Eliot Ness ATF Building Designation Act U.S. Senate 2014-01-13 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 113th CONGRESS 2d Session S. 1914 IN THE SENATE OF THE UNITED STATES January 13, 2014 Mr. Brown Mr. Kirk Mr. Durbin Committee on Environment and Public Works A BILL To designate the Federal building housing the Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters located at 99 New York Avenue NE., Washington, DC, as the Eliot Ness ATF Building 1. Short title This Act may be cited as the Eliot Ness ATF Building Designation Act 2. Designation of Eliot Ness ATF Building (a) Designation The Federal building housing the Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters located at 99 New York Avenue NE. in Washington, DC, shall be known and designated as the Eliot Ness ATF Building (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Eliot Ness ATF Building

Eliot Ness ATF Building Designation Act

Removing Limitations on Insurance Effectiveness and Flexibility Act of 2013 or the ReLIEF Act - Allows catastrophic health plans described in the Patient Protection and Affordable Care Act to be considered as providing essential health benefits by removing certain enrollment eligibility restrictions (concerning age and certification of exemption from the Internal Revenue Code requirement to maintain minimum essential coverage). Deems coverage under such a plan to meet the Internal Revenue Code requirement that an individual maintain minimum essential coverage.

113 S1915 IS: ReLIEF Act U.S. Senate 2014-01-13 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 113th CONGRESS 2d Session S. 1915 IN THE SENATE OF THE UNITED STATES January 13, 2014 Mr. Flake Mr. Johnson of Wisconsin Committee on Finance A BILL To permit health insurance issuers to offer additional plan options to individuals. 1. Short title This Act may be cited as the Removing Limitations on Insurance Effectiveness and Flexibility Act of 2013 ReLIEF Act 2. Authority to offer additional plan options (a) Catastrophic plans Notwithstanding title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 section 36B (b) Individual mandate Coverage under a catastrophic plan under subsection (a) shall be deemed to be minimum essential coverage for purposes of section 5000A

ReLIEF Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 (NDAA 2014) to revise the sexual assault prevention and response program activities of the Armed Forces. (Sec. 2) Amends NDAA 2014 to include the senior trial counsel detailed to a case involving sex-related charges in the process for determining whether such charges should be referred for a court-martial (currently, such determination is made solely by the staff judge advocate). (Sec. 3) Requires the Special Victims' Counsel, in cases involving sexual assaults in the military, to provide advice to assault victims on the advantages and disadvantages of prosecuting such assaults by court-martial or in a civilian court. Requires the Secretaries of the military departments to: (1) establish a process to ensure consultation with the victim of a sexual assault to determine such victim's preference for prosecuting such assault either by court-martial or in a civilian court, and (2) afford great weight to such preference in determining which court shall prosecute the offense. Requires notification to a victim who expresses a preference for prosecution in a civilian court if a decision is made to decline prosecution or prosecute such offense by court-martial. Requires performance appraisals of: (1) officers and enlisted personnel of the Armed Forces to include an assessment of the extent to which such members support their respective sexual assault prevention and response programs, and (2) a commanding officer to indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation or ostracism. Requires the Secretaries of the military departments to establish a process for a command climate assessment and for a confidential challenge by an individual who was the victim of a sexual assault of the terms or characterization of such individual's discharge or separation from the Armed Forces. Requires a modification of the Military Rules of Evidence to clarify that evidence of the general military character of an individual accused of a criminal offense (good soldier defense) shall not be admissible for the purpose of showing the probability of innocence of such individual, unless such evidence is relevant to an element of the offense for which the accused has been charged. (Sec. 4) Requires the Secretary of the military department concerned to ensure that provisions of NDAA 2014 relating to sexual assault prevention and response apply to the U.S. Military Academy, the Naval Academy, and the Air Force Academy. Requires the Secretary of Homeland Security (DHS) to ensure that such provisions apply to the Coast Guard Academy. (Sec. 5) Requires the Secretary of Defense (DOD) and the Attorney General to jointly develop a strategic framework for collaboration between DOD and the Department of Justice (DOJ) to prevent and respond to cases of sexual assault and report to the Armed Services and Judiciary Committees of Congress on such framework. Requires such framework to be based on and to include: (1) an assessment of the role of DOD in investigations and prosecutions of sexual assault cases in which DOD and DOJ have concurrent jurisdiction; (2) an assessment of the feasibility of establishing the position of advisor on military sexual assaults within DOJ and provide DOD investigative and other assistance in sexual assault cases on domestic and overseas military installations; (3) an assessment of the number of unsolved sexual assault cases; (4) a strategy to leverage efforts by DOD and DOJ to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention and to address social conditions that relate to sexual assault; and (5) mechanisms to promote information sharing and best practices between DOD and DOJ. (Sec. 6) Advances from 120 to 60 days after the enactment of NDAA 2014 the due date for the report of the DOD Secretary on a proposed punitive article under the Uniform Code of Military Justice (UCMJ) for violations of prohibitions against inappropriate contact with prospective and new members of the Armed Forces. (Sec. 7) Expresses the sense of the Senate that: (1) the panel to review and assess the systems used to respond to sexual assault established by NDAA 2014 is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses; (2) the work of such panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment a review of the reforms that will be enacted by NDAA 2014; and (4) the views of the victim advocate community should continue to be well-represented on the panel.

113 S1917 ES: Victims Protection Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 1917 IN THE SENATE OF THE UNITED STATES AN ACT To provide for additional enhancements of the sexual assault prevention and response activities of the Armed Forces. 1. Short title This Act may be cited as the Victims Protection Act of 2014 2. Inclusion of senior trial counsel determinations on referral of cases to trial by court-martial in cases reviewed by Secretaries of military departments Section 1744 of the National Defense Authorization Act for Fiscal Year 2014 is amended— (1) in subsection (c)— (A) in the subsection heading, by inserting or senior trial counsel staff judge advocate (B) by inserting or the senior trial counsel detailed to the case Military Justice), (2) in subsection (d)— (A) in the subsection heading, by inserting or senior trial counsel staff judge advocate (B) by inserting or the senior trial counsel detailed to the case Military Justice), 3. Additional enhancements of military department actions on sexual assault prevention and response (a) Additional duty of Special Victims' Counsel In addition to any duties authorized by section 1044e (b) Consultation with victims regarding preference in prosecution of certain sexual offenses (1) In general The Secretaries of the military departments shall each establish a process to ensure consultation with the victim of a covered sexual offense that occurs in the United States with respect to the victim's preference as to whether the offense should be prosecuted by court-martial or by a civilian court with jurisdiction over the offense. (2) Weight afforded preference The preference expressed by a victim under paragraph (1) with respect to the prosecution of an offense, while not binding, should be afforded great weight in the determination whether to prosecute the offense by court-martial or by a civilian court. (3) Notice to victim of lack of civilian criminal prosecution after preference for such prosecution In the event a victim expresses a preference under paragraph (1) in favor of prosecution of an offence by civilian court and the civilian authorities determine to decline prosecution, or defer to prosecution by court-martial, the victim shall be promptly notified of that determination. (c) Performance appraisals of members of the Armed Forces (1) Appraisals of all members on compliance with sexual assault prevention and response programs The Secretaries of the military departments shall each ensure that the written performance appraisals of members of the Armed Forces (whether officers or enlisted members) under the jurisdiction of such Secretary include an assessment of the extent to which each such member supports the sexual assault prevention and response program of the Armed Force concerned. (2) Performance appraisals of commanding officers The Secretaries of the military departments shall each ensure that the performance appraisals of commanding officers under the jurisdiction of such Secretary indicate the extent to which each such commanding officer has or has not established a command climate in which— (A) allegations of sexual assault are properly managed and fairly evaluated; and (B) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. (d) Command climate assessments following incidents of certain sexual offenses (1) Assessments required The Secretaries of the military departments shall each establish a process whereby a command climate assessment is performed following an incident involving a covered sexual offense for each of the command of the accused and the command of the victim. If the accused and the victim are within the same command, only a single climate assessment is required. The process shall ensure the timely completion of command climate assessments for provision to military criminal investigation organizations and commanders pursuant to paragraph (2). (2) Provision to military criminal investigation organizations and commanders A command climate assessment performed pursuant to paragraph (1) shall be provided to the following: (A) The military criminal investigation organization conducting the investigation of the offense concerned. (B) The commander next higher in the chain of command of the command covered by the climate assessment. (e) Confidential review of characterization of terms of discharge of victims of sexual offenses (1) In general The Secretaries of the military departments shall each establish a confidential process, through boards for the correction of military records of the military department concerned, by which an individual who was the victim of a covered sexual offense during service in the Armed Forces may challenge, on the basis of being the victim of such an offense, the terms or characterization of the individual's discharge or separation from the Armed Forces. (2) Consideration of individual experiences in connection with offenses In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by paragraph (1), the Secretary of the military department concerned shall instruct boards to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the offense concerned, and to what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. (3) Preservation of confidentiality Documents considered and decisions rendered pursuant to the process required by paragraph (1) shall not be made available to the public, except with the consent of the individual concerned. (f) Covered sexual offense defined In subsections (a) through (e), the term covered sexual offense (1) Rape or sexual assault under subsection (a) or (b) of section 920 (2) Forcible sodomy under section 925 (3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 (g) Modification of Military Rules of Evidence relating to admissibility of general military character toward probability of innocence Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be modified to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused, except that evidence of a trait of the military character of an accused may be offered in evidence by the accused when that trait is relevant to an element of an offense for which the accused has been charged. 4. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies (a) Military service academies The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as amended by this Act) and this Act apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable. (b) Coast Guard Academy The Secretary of Homeland Security shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as so amended) and this Act apply to the Coast Guard Academy. 5. Collaboration between the Department of Defense and the Department of Justice in efforts to prevent and respond to sexual assault (a) Strategic framework on collaboration required Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Attorney General shall jointly develop a strategic framework for ongoing collaboration between the Department of Defense and the Department of Justice in their efforts to prevent and respond to sexual assault. The framework shall be based on and include the following: (1) An assessment of the role of the Department of Justice in investigations and prosecutions of sexual assault cases in which the Department of Defense and the Department of Justice have concurrent jurisdiction, with the assessment to include a review of and list of recommended revisions to relevant Memoranda of Understanding and related documents between the Department of Justice and the Department of Defense. (2) An assessment of the feasibility of establishing the position of advisor on military sexual assaults within the Department of Justice (using existing Department resources and personnel) to assist in the activities required under paragraph (1) and provide to the Department of Defense investigative and other assistance in sexual assault cases occurring on domestic and overseas military installations over which the Department of Defense has primary jurisdiction, with the assessment to address the feasibility of maintaining representatives or designees of the advisor at military installations for the purpose of reviewing cases of sexual assault and providing assistance with the investigation and prosecution of sexual assaults. (3) An assessment of the number of unsolved sexual assault cases that have occurred on military installations, and a plan, with appropriate benchmarks, to review those cases using currently available civilian and military law enforcement resources, such as new technology and forensics information. (4) A strategy to leverage efforts by the Department of Defense and the Department of Justice— (A) to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention regarding sexual assault; and (B) to address social conditions that relate to sexual assault. (5) Mechanisms to promote information sharing and best practices between the Department of Defense and the Department of Justice on prevention and response to sexual assault, including victim assistance through the Violence against Women Act and Office for Victims of Crime programs of the Department of Justice. (b) Report The Secretary of Defense and the Attorney General shall jointly submit to the appropriate committees of Congress a report on the framework required by subsection (a). The report shall— (1) describe the manner in which the Department of Defense and Department of Justice will collaborate on an ongoing basis under the framework; (2) explain obstacles to implementing the framework; and (3) identify changes in laws necessary to achieve the purpose of this section. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives. 6. Modification of deadline for report on need for punitive UCMJ article on inappropriate contact with prospective and new members of the Armed Forces Section 1741(d) of the National Defense Authorization Act for Fiscal Year 2014 is amended by striking 120 days 60 days 7. Sense of Senate on independent panel on review and assessment on response systems to sexual assault crimes It is the sense of the Senate that— (1) the panel to review and assess the systems used to respond to sexual assault established by section 576 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (2) the work of the panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment under subsection (d)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 a review of the reforms that will be enacted pursuant to title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as amended by this Act) and this Act; and (4) the views of the victim advocate community should continue to be well-represented on the panel, and input from victims should continue to play a central role in informing the work of the panel. Passed the Senate March 10, 2014. Secretary

Victims Protection Act of 2014

Clarity for Military Retiree Health Care Act - Amends the Internal Revenue Code, with respect to the tax exclusion of benefits under cafeteria employee benefit plans, to allow a participant in a cafeteria plan which permits a revocation of an election during a period of coverage and a new election based upon a change in status event, to treat an event that causes an employee to become eligible for coverage under the TRICARE health care program for military personnel as a change in status event.

113 S1918 IS: Clarity for Military Retiree Health Care Act U.S. Senate 2014-01-14 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 113th CONGRESS 2d Session S. 1918 IN THE SENATE OF THE UNITED STATES January 14, 2014 Mrs. Shaheen Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a special change in status rule for employees who become eligible for TRICARE. 1. Short title This Act may be cited as the Clarity for Military Retiree Health Care Act 2. Special change in status rule for employees who become eligible for TRICARE (a) In general Subsection (g) of section 125 (5) Change in status relating to TRICARE eligibility For purposes of this section, if a cafeteria plan permits an employee to revoke an election during a period of coverage and to make a new election based on a change in status event, an event that causes the employee to become eligible for coverage under the TRICARE program shall be treated as a change in status event. . (b) Effective date The amendment made by this section shall apply to events occurring after the date of the enactment of this Act.

Clarity for Military Retiree Health Care Act

Innovators Job Creation Act - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) allow an offset of such credit against liability for the alternative minimum tax (AMT); (3) make permanent the five-year carryback of research tax credit amounts of certain small businesses; and (4) allow a qualified small business, other than a tax-exempt organization, to use a portion, up to $250,000 in a taxable year, of its tax credit for increasing research expenditures as an offset against its employment tax liability.  Defines "qualified small business" as a corporation, partnership, or S corporation if the gross receipts of such entity for the taxable year are less than $5 million and such entity did not have gross receipts for any period preceding the 5-year period ending with such taxable year.

113 S1920 IS: Innovators Job Creation Act U.S. Senate 2014-01-14 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 113th CONGRESS 2d Session S. 1920 IN THE SENATE OF THE UNITED STATES January 14, 2014 Mr. Roberts Mr. Coons Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to extend and modify the research and development credit to encourage innovation. 1. Short title This Act may be cited as the Innovators Job Creation Act 2. Permanent extension (a) In general Section 41 (h) Termination of alternative incremental credit No election under subsection (c)(4) shall apply to taxable years beginning after December 31, 2008. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after December 31, 2013. 3. Credit allowed against alternative minimum tax Subparagraph (B) of section 38(c)(4) (1) by redesignating clauses (ii), (iii), (iv), (v), (vi), (vii), (viii), and (ix) as clauses (iii), (iv), (v), (vi), (vii), (viii), (ix), and (x), respectively, and (2) by inserting after clause (i) the following new clause: (ii) the credit determined under section 41 to the extent attributable to amounts paid or incurred after December 31, 2013, . 4. Permanent 5-year carryback for research credits of small businesses (a) In general Paragraph (4) of section 39(a) (4) 5-year carryback for research credits of small businesses Notwithstanding subsection (d), in the case of credits determined under section 41 with respect to an eligible small business (as defined in section 38(c)(5)(C)) in taxable years beginning after December 31, 2013— (A) paragraph (1) shall be applied by substituting each of the 5 taxable years the taxable year (B) paragraph (2) shall be applied— (i) by substituting 25 taxable years 21 taxable years (ii) by substituting 24 taxable years 20 taxable years . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 5. Election permitted on amended return (a) In general Paragraph (5) of section 41(c) (D) Special rule regarding timing of election An election under this paragraph may be made by means of an amendment to the return of tax for the taxable year for which made. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 6. Treatment of research credit for certain startup companies (a) In general (1) In general Section 41 (i) Treatment of credit to qualified small businesses (1) In general At the election of a qualified small business, the payroll tax credit portion of the credit determined under subsection (a) shall be treated as a credit allowed under section 3111(f) (and not under this section). (2) Payroll tax credit portion For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) for any taxable year is so much of such credit as does not exceed $250,000. (3) Qualified small business For purposes of this subsection— (A) In general The term qualified small business (i) a corporation, partnership, or S corporation if— (I) the gross receipts (as determined under subsection (c)(7)) of such entity for the taxable year is less than $5,000,000, and (II) such entity did not have gross receipts (as so determined) for any period preceding the 5-taxable-year period ending with such taxable year, and (ii) any person not described in subparagraph (A) if clauses (i) and (ii) of subparagraph (A) applied to such person, determined— (I) by substituting person entity (II) in the case of an individual, by only taking into account the aggregate gross receipts received by such individual in carrying on trades or businesses of such individual. (B) Limitation Such term shall not include an organization which is exempt from taxation under section 501. (4) Election (A) In general In the case of a partnership or S corporation, an election under this subsection shall be made at the entity level. (B) Revocation An election under this subsection may not be revoked without the consent of the Secretary. (C) Limitation A taxpayer may not make an election under this subsection if such taxpayer has made an election under this subsection for 5 or more preceding taxable years. (5) Aggregation rules For purposes of determining the $250,000 limitation under paragraph (2) and determining gross receipts under paragraph (3), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. (6) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including— (A) regulations to prevent the avoidance of the purposes of paragraph (3) through the use of successor companies or other means, (B) regulations to minimize compliance and record-keeping burdens under this subsection for start-up companies, and (C) regulations for recapturing the benefit of credits determined under section 3111(f) in cases where there is a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended returns in the cases where there is such an adjustment. . (2) Conforming amendment Section 280C(c) (5) Treatment of qualified small business credit For purposes of determining the amount of any credit under section 41(a) under this subsection, any election under section 41(i) shall be disregarded. . (b) Credit allowed against FICA taxes (1) In general Section 3111 (f) Credit for research expenditures of qualified small businesses (1) In general In the case of a qualified small business which has made an election under section 41(i), there shall be allowed as a credit against the tax imposed by subsection (a) on wages paid with respect to the employment of all employees of the qualified small business for days in an applicable calendar quarter an amount equal to the payroll tax credit portion of the research credit determined under section 41(a). (2) Carryover of unused credit In any case in which the payroll tax credit portion of the research credit determined under section 41(a) exceeds the tax imposed under subsection (a) for an applicable calendar quarter— (A) the succeeding calendar quarter shall be treated as an applicable calendar quarter, and (B) the amount of credit allowed under paragraph (1) shall be reduced by the amount of credit allowed under such paragraph for all preceding applicable calendar quarters. (3) Allocation of credit for controlled groups, etc In determining the amount of the credit under this subsection— (A) all persons treated as a single taxpayer under section 41 shall be treated as a single taxpayer under this section, and (B) the credit (if any) allowable by this section to each such member shall be its proportionate share of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit allowable under section 41. (4) Definitions For purposes of this subsection— (A) Applicable calendar quarter The term applicable calendar quarter (i) the first calendar quarter following the date on which the qualified small business files a return under section 6012 for the taxable year for which the payroll tax credit portion of the research credit under section 41(a) is determined, and (ii) any succeeding calendar quarter treated as an applicable calendar quarter under paragraph (2)(A). For purposes of determining the date on which a return is filed, rules similar to the rules of section 6513 shall apply. (B) Other terms Any term used in this subsection which is also used in section 41 shall have the meaning given such term under section 41. . (2) Transfers to federal old-age and survivors insurance trust fund There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Innovators Job Creation Act

Food Stamp Fraud Prevention and Accountability Act - Amends the Food and Nutrition Act of 2008 to disqualify from the supplemental nutrition assistance program (formerly known as the food stamp program) any person who has been found by a state or federal court or administrative agency hearing to have intentionally used an electronic benefit transfer (EBT) card that was issued to a household of which the person is not a member. Requires a state agency, if it elects not to require an EBT card to contain a photograph of one or more household members, to list on the EBT card the name of each household member who may use the card. Requires a member of a household with such an EBT card to show photographic identification at the point of sale when using the card.

113 S1922 IS: Food Stamp Fraud Prevention and Accountability Act U.S. Senate 2014-01-14 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 113th CONGRESS 2d Session S. 1922 IN THE SENATE OF THE UNITED STATES January 14, 2014 Mr. Vitter Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to prevent the illegal trafficking of supplemental nutrition assistance program benefits by requiring all program beneficiaries to show valid photo identification when purchasing items with program benefits. 1. Short title This Act may be cited as the Food Stamp Fraud Prevention and Accountability Act 2. Photo identification requirement (a) Disqualification for using another EBT card Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (r) Disqualification for using another EBT card Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally used an EBT card that was issued to a household of which the person is not a member shall be ineligible for benefits under this Act. . (b) Optional photographic identification Section 7(h)(9) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(9) (C) Listed beneficiaries (i) In general If a State agency elects not to require that an EBT card contain a photograph described in subparagraph (A), the State agency shall list on the EBT card the name of each member of the household who may use the card. (ii) Photographic identification required A member of a household with an EBT card issued by a State agency described in clause (i) shall be required to show photographic identification at the point of sale when using the EBT card. .

Food Stamp Fraud Prevention and Accountability Act

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 - Amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition (M&A) brokers and associated persons. Denies such registration exemption, however, to brokers who: (1) receive, hold, transmit, or have custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; or (2) engage on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports. Prohibits the construction of this Act to limit any other authority of the Securities and Exchange Commission (SEC) to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation.

113 S1923 IS: Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 U.S. Senate 2014-01-14 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 113th CONGRESS 2d Session S. 1923 IN THE SENATE OF THE UNITED STATES January 14, 2014 Mr. Manchin Mr. Vitter Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to exempt from registration brokers performing services in connection with the transfer of ownership of smaller privately held companies. 1. Short title This Act may be cited as the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 2. Registration exemption for merger and acquisition brokers Section 15(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(b) (13) Registration exemption for merger and acquisition brokers (A) In general Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. (B) Excluded activities An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: (i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. (ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). (C) Rule of construction Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. (D) Definitions In this paragraph: (i) Control The term control (I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); (II) has the right to vote 20 percent or more of a class of voting securities or the power to sell or direct the sale of 20 percent or more of a class of voting securities; or (III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 20 percent or more of the capital. (ii) Eligible privately held company The term eligible privately held company (I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). (II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): (aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. (bb) The gross revenues of the company are less than $250,000,000. (iii) M&A broker The term M&A broker (I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and (II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent year-end balance sheet, income statement, statement of changes in financial position, and statement of owner’s equity of the issuer of the securities offered in exchange, and, if the financial statements of the issuer are audited, the related report of the independent auditor, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. (E) Inflation adjustment (i) In general On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 (I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and (II) multiplying such dollar amount by the quotient obtained under subclause (I). (ii) Rounding Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000. . 3. Effective date This Act and any amendment made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014

Driver Privacy Act - Declares that any data retained by a motor vehicle's event data recorder (as defined in Department of Transportation [DOT] regulations) is the property of the owner or lessee of the motor vehicle in which the recorder is installed, regardless of when the vehicle was manufactured. Prohibits a person, other than the owner or lessee of the motor vehicle, from accessing data recorded or transmitted by such a recorder unless: (1) a court or other judicial or administrative authority authorizes the retrieval of such data subject to admissibility of evidence standards; (2) an owner or lessee provides written or electronic consent to such retrieval for any purpose, including vehicle diagnosis, service, or repair; (3) the data is retrieved pursuant to certain authorized investigations or inspections of the National Transportation Safety Board (NTSB) or DOT; (4) the data is retrieved to determine the appropriate emergency medical response to a motor vehicle crash; or (5) the data is retrieved for traffic safety research. Prohibits, when data is retrieved in connection with traffic safety research or an NTSB or DOT investigation or inspection, the disclosure of: (1) personally identifiable information of the vehicle owner or lessee, and (2) the vehicle identification number (VIN). Provides an exemption from such prohibition to allow disclosure of VINs to certifying manufacturers. Directs the National Highway Traffic Safety Administration (NHTSA), after completing a study and submitting a report to Congress, to promulgate regulations concerning the amount of time event data recorders installed in passenger motor vehicles should capture and record vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of crashes.

113 S1925 IS: Driver Privacy Act U.S. Senate 2014-01-14 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 113th CONGRESS 2d Session S. 1925 IN THE SENATE OF THE UNITED STATES January 14, 2014 Mr. Hoeven Ms. Klobuchar Mr. Blunt Mr. Manchin Mr. Kirk Mr. Isakson Mr. Johanns Mr. Chambliss Mr. Hatch Mr. King Mr. Bennet Ms. Hirono Mr. Begich Mr. Wyden Mr. Coons Mr. Portman Mr. Franken Mr. Thune Committee on Commerce, Science, and Transportation A BILL To limit the retrieval of data from vehicle event data recorders. 1. Short title This Act may be cited as the Driver Privacy Act 2. Limitations on data retrieval from vehicle event data recorders (a) Ownership of data Any data in an event data recorder required under part 563 of title 49, Code of Federal Regulations, regardless of when the passenger motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the passenger motor vehicle in which the event data recorder is installed. (b) Privacy Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than the owner or lessee of the motor vehicle in which the event data recorder is installed unless— (1) a court or other judicial or administrative authority having jurisdiction— (A) authorizes the retrieval of the data; and (B) to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority; (2) all of the owners or lessees of the motor vehicle provide informed written consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle; (3) the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of the owner or lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data; (4) the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or (5) the data is retrieved for traffic safety research, and the personally identifiable information of the owner or lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data. (c) Limitation on data retrieval Data from an event data recorder may only be accessed pursuant to subsection (b) to the extent that such data was recorded in conjunction with an event (as defined in section 563.5 3. Vehicle event data recorder study (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit a report to Congress that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes. (b) Rulemaking Not later than 1 year after submitting the report required under subsection (a), the Administrator shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles.

Driver Privacy Act

Data Security Act of 2014 - Prescribes security procedures which an entity that maintains or communicates sensitive account or personal information must implement and enforce in order to protect the information from an unauthorized use likely to result in substantial harm or inconvenience to the consumer. Grants exclusive enforcement powers to specified federal regulatory agencies with oversight of financial institutions. Denies a private right of action, including a class action, regarding any act or practice regulated under this Act. Prohibits any civil or criminal action in state court or under state law relating to any act or practice governed under this Act. Prescribes data security standards to be implemented by federal agencies. Preempts state law with respect to the responsibilities of any person to protect against and investigate such data security breaches and mitigate any losses or harm resulting from them.

113 S1927 IS: Data Security Act of 2014 U.S. Senate 2014-01-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1927 IN THE SENATE OF THE UNITED STATES January 15, 2014 Mr. Carper Mr. Blunt Committee on Banking, Housing, and Urban Affairs A BILL To protect information relating to consumers, to require notice of security breaches, and for other purposes. 1. Short title This Act may be cited as the Data Security Act of 2014 2. Definitions For purposes of this Act, the following definitions shall apply: (1) Affiliate The term affiliate (2) Agency The term agency (3) Breach of data security (A) In general The term breach of data security (B) Exception for data that is not in usable form (i) In general The term breach of data security (I) to commit identity theft; or (II) to make fraudulent transactions on financial accounts. (ii) Rule of Construction For purposes of this subparagraph, information that is maintained or communicated in a manner that is not usable includes any information that is maintained or communicated in an encrypted, redacted, altered, edited, or coded form. (4) Commission The term Commission (5) Consumer The term consumer (6) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (7) Covered entity (A) In general The term covered entity (i) entity, the business of which is engaging in financial activities, as described in section 4(k) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(k) (ii) financial institution, including any institution described in section 313.3(k) of title 16, Code of Federal Regulations, as in effect on the date of enactment of this Act; (iii) entity that maintains or otherwise possesses information that is subject to section 628 of the Fair Credit Reporting Act ( 15 U.S.C. 1681w (iv) other individual, partnership, corporation, trust, estate, cooperative, association, or entity that maintains or communicates sensitive account information or sensitive personal information. (B) Exception The term covered entity (8) Financial institution The term financial institution (9) Sensitive account information The term sensitive account information (10) Sensitive personal information (A) In general The term sensitive personal information (i) Social security account number. (ii) Driver’s license number or equivalent State identification number. (iii) Taxpayer identification number. (B) Exception The term sensitive personal information (i) Federal, State, or local government records; or (ii) widely distributed media. (11) Substantial harm or inconvenience (A) In general The term substantial harm or inconvenience (i) material financial loss to, or civil or criminal penalties imposed on, a consumer, due to the unauthorized use of sensitive account information or sensitive personal information relating to the consumer; or (ii) the need for a consumer to expend significant time and effort to correct erroneous information relating to the consumer, including information maintained by a consumer reporting agency, financial institution, or government entity, in order to avoid material financial loss, increased costs, or civil or criminal penalties, due to the unauthorized use of sensitive account information or sensitive personal information relating to the consumer. (B) Exception The term substantial harm or inconvenience (i) changing a financial account number or closing a financial account; or (ii) harm or inconvenience that does not result from identity theft or account fraud. 3. Protection of information and security breach notification (a) Security procedures required (1) In general Each covered entity shall implement, maintain, and enforce reasonable policies and procedures to protect the confidentiality and security of, sensitive account information and sensitive personal information that is maintained or is being communicated by or on behalf of a covered entity from the unauthorized use of the information that is reasonably likely to result in substantial harm or inconvenience to the consumer to whom the information relates. (2) Limitation Any policy or procedure implemented or maintained under paragraph (1) shall be appropriate to— (A) the size and complexity of the covered entity; (B) the nature and scope of the activities of the covered entity; and (C) the sensitivity of the consumer information to be protected. (b) Investigation required (1) In general If a covered entity determines that a breach of data security has or may have occurred in relation to sensitive account information or sensitive personal information that is maintained or is being communicated by, or on behalf of, the covered entity, the covered entity shall conduct an investigation to— (A) assess the nature and scope of the breach; (B) identify any sensitive account information or sensitive personal information that may have been involved in the breach; and (C) determine if the sensitive account information or sensitive personal information is reasonably likely to be misused in a manner causing substantial harm or inconvenience to the consumers to whom the information relates. (2) Neural networks and information security programs In determining the likelihood of misuse of sensitive account information under paragraph (1)(C), a covered entity shall consider whether any neural network or security program has detected, or is likely to detect or prevent, fraudulent transactions resulting from the breach of security. (c) Notice required If a covered entity determines under subsection (b)(1)(C) that sensitive account information or sensitive personal information involved in a breach of data security is reasonably likely to be misused in a manner causing substantial harm or inconvenience to the consumers to whom the information relates, the covered entity, or a third party acting on behalf of the covered entity, shall— (1) notify, in the following order— (A) the appropriate agency or authority identified in section 5; (B) an appropriate law enforcement agency; (C) any entity that owns, or is obligated on, a financial account to which the sensitive account information relates, if the breach involves a breach of sensitive account information; (D) each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, if the breach involves sensitive personal information relating to 5,000 or more consumers; and (E) all consumers to whom the sensitive account information or sensitive personal information relates; and (2) take reasonable measures to restore the security and confidentiality of the sensitive account information or sensitive personal information involved in the breach. (d) Compliance (1) In general An entity shall be deemed to be in compliance with— (A) in the case of a financial institution— (i) subsection (a), and any regulations prescribed under subsection (a), if the financial institution maintains policies and procedures to protect the confidentiality and security of sensitive account information and sensitive personal information that are consistent with the policies and procedures of the financial institution that are designed to comply with the requirements of section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (ii) subsections (b) and (c), and any regulations prescribed under subsections (b) and (c), if the financial institution— (I) (aa) maintains policies and procedures to investigate and provide notice to consumers of breaches of data security that are consistent with the policies and procedures of the financial institution that are designed to comply with the investigation and notice requirements established by regulations or guidance under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (bb) is an affiliate of a bank holding company that maintains policies and procedures to investigate and provide notice to consumers of breaches of data security that are consistent with the policies and procedures of a bank that is an affiliate of the financial institution, and the policies and procedures of the bank are designed to comply with the investigation and notice requirements established by any regulations or guidance under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (II) provides for notice to the entities described under subparagraphs (B), (C), and (D) of subsection (c)(1), if notice is provided to consumers pursuant to the policies and procedures of the financial institution described in subclause (I); and (B) subsections (a), (b), and (c), if the entity is a covered entity for purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 (2) Definitions For purposes of this subsection, the terms bank holding company bank 12 U.S.C. 1841 4. Implementing regulations (a) In general Notwithstanding any other provision of law, and except as provided in section 6, the agencies and authorities identified in section 5, with respect to the covered entities that are subject to the respective enforcement authority of the agencies and authorities, shall prescribe regulations to implement this Act. (b) Coordination Each agency and authority required to prescribe regulations under subsection (a) shall consult and coordinate with each other agency and authority identified in section 5 so that, to the extent possible, the regulations prescribed by each agency and authority are consistent and comparable. (c) Method of providing notice to consumers The regulations required under subsection (a) shall— (1) prescribe the methods by which a covered entity shall notify a consumer of a breach of data security under section 3; and (2) allow a covered entity to provide the notice by— (A) written, telephonic, or e-mail notification; or (B) substitute notification, if providing written, telephonic, or e-mail notification is not feasible due to— (i) lack of sufficient contact information for the consumers that must be notified; or (ii) excessive cost to the covered entity. (d) Content of consumer notice The regulations required under subsection (a) shall— (1) prescribe the content that shall be included in a notice of a breach of data security that is required to be provided to consumers under section 3; and (2) require the notice to include— (A) a description of the type of sensitive account information or sensitive personal information involved in the breach of data security; (B) a general description of the actions taken by the covered entity to restore the security and confidentiality of the sensitive account information or sensitive personal information involved in the breach of data security; and (C) the summary of rights of victims of identity theft prepared by the Commission under section 609(d) of the Fair Credit Reporting Act ( 15 U.S.C. 1681g(d) (e) Timing of notice The regulations required under subsection (a) shall establish standards for when a covered entity shall provide any notice required under section 3. (f) Law enforcement delay The regulations required under subsection (a) shall allow a covered entity to delay providing notice of a breach of data security to consumers under section 3 if a law enforcement agency requests such a delay in writing. (g) Service providers The regulations required under subsection (a) shall— (1) require any party that maintains or communicates sensitive account information or sensitive personal information on behalf of a covered entity to provide notice to that covered entity if the party determines that a breach of data security has, or may have, occurred with respect to the sensitive account information or sensitive personal information; and (2) ensure that there is only 1 notification responsibility with respect to a breach of data security. (h) Timing of regulations The regulations required under subsection (a) shall— (1) be issued in final form not later than 6 months after the date of enactment of this Act; and (2) take effect not later than 6 months after the date on which they are issued in final form. 5. Administrative enforcement (a) In general Notwithstanding any other provision of law, section 3, and the regulations required under section 4, shall be enforced exclusively under— (1) section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 (A) a national bank, a Federal branch or Federal agency of a foreign bank, or any subsidiary thereof (other than a broker, dealer, person providing insurance, investment company, or investment adviser), or a savings association, the deposits of which are insured by the Federal Deposit Insurance Corporation, or any subsidiary thereof (other than a broker, dealer, person providing insurance, investment company, or investment adviser), by the Office of the Comptroller of the Currency; (B) a member bank of the Federal Reserve System (other than a national bank), a branch or agency of a foreign bank (other than a Federal branch, Federal agency, or insured State branch of a foreign bank), a commercial lending company owned or controlled by a foreign bank, an organization operating under section 25 or 25A of the Federal Reserve Act ( 12 U.S.C. 601 (C) a bank, the deposits of which are insured by the Federal Deposit Insurance Corporation (other than a member of the Federal Reserve System), an insured State branch of a foreign bank, or any subsidiary thereof (other than a broker, dealer, person providing insurance, investment company, or investment adviser), by the Board of Directors of the Federal Deposit Insurance Corporation; (2) the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. (3) the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. (4) the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. (5) the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. (6) the Commodity Exchange Act ( 7 U.S.C. 1 et seq. (7) the provisions of title XIII of the Housing and Community Development Act of 1992 (12 U.S.C. 4501 et seq.), by the Director of Federal Housing Enterprise Oversight (and any successor to the functional regulatory agency) with respect to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and any other entity or enterprise (as defined in that title) subject to the jurisdiction of the functional regulatory agency under that title, including any affiliate of any the enterprise; (8) State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled; and (9) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (b) Extension of Federal Trade Commission enforcement authority The authority of the Commission to enforce compliance with section 3, and the regulations required under section 4, under subsection (a)(8) shall— (1) notwithstanding the Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.), include the authority to enforce compliance by air carriers and foreign air carriers; and (2) notwithstanding the Packers and Stockyards Act ( 7 U.S.C. 181 et seq. (c) No private right of Action (1) In general This Act, and the regulations prescribed under this Act, may not be construed to provide a private right of action, including a class action with respect to any act or practice regulated under this Act. (2) Civil and criminal Actions No civil or criminal action relating to any act or practice governed under this Act, or the regulations prescribed under this Act, shall be commenced or maintained in any State court or under State law, including a pendent State claim to an action under Federal law. 6. Protection of information at Federal agencies (a) Data security standards Each agency shall implement appropriate standards relating to administrative, technical, and physical safeguards— (1) to insure the security and confidentiality of the sensitive account information and sensitive personal information that is maintained or is being communicated by, or on behalf of, that agency; (2) to protect against any anticipated threats or hazards to the security of the sensitive account information and sensitive personal information; and (3) to protect against misuse of the sensitive account information and sensitive personal information that could result in substantial harm or inconvenience to a consumer. (b) Security breach notification standards Each agency shall implement appropriate standards providing for notification of consumers when the agency determines that sensitive account information or sensitive personal information that is maintained or is being communicated by, or on behalf of, the agency— (1) has been acquired without authorization; and (2) is reasonably likely to be misused in a manner causing substantial harm or inconvenience to the consumers to whom the information relates. 7. Relation to State law No requirement or prohibition may be imposed under the laws of any State with respect to the responsibilities of any person to— (1) protect the security of information relating to consumers that is maintained or communicated by, or on behalf of, the person; (2) safeguard information relating to consumers from potential misuse; (3) investigate or provide notice of the unauthorized access to information relating to consumers, or the potential misuse of the information, for fraudulent, illegal, or other purposes; or (4) mitigate any loss or harm resulting from the unauthorized access or misuse of information relating to consumers. 8. Delayed effective date for certain provisions (a) Covered entities Sections 3 and 7 shall take effect on the later of— (1) 1 year after the date of enactment of this Act; or (2) the effective date of the final regulations required under section 4. (b) Agencies Section 6 shall take effect 1 year after the date of enactment of this Act.

Data Security Act of 2014

King Cove All-Weather Road Corridor Act - Amends the Omnibus Public Land Management Act of 2009 to direct the Secretary of the Interior to convey to the state of Alaska federal land within the Izembek National Wildlife Refuge and on Sitkinak Island for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska, in exchange for non-federal land owned by the state and the King Cove Corporation. Adds the conveyed non-federal and other specified land to the Izembek National Wildlife Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate.

113 S1929 IS: King Cove All-Weather Road Corridor Act U.S. Senate 2014-01-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1929 IN THE SENATE OF THE UNITED STATES January 15, 2014 Mr. Begich Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to transfer to the State of Alaska certain land for the purpose of building a road between the community of King Cove and the all-weather airport in Cold Bay, Alaska. 1. Short title This Act may be cited as the King Cove All-Weather Road Corridor Act 2. Izembek National Wildlife Refuge land conveyance Title VI of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 E Izembek National Wildlife Refuge land conveyance 6401. Definitions In this subtitle: (1) Corporation The term Corporation (2) Federal land The term Federal land (A) the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map; and (B) the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map. (3) Governor The term Governor (4) Map The term map (A) the map entitled Izembek and Alaska Peninsula National Wildlife Refuges (B) the map entitled Sitkinak Island-Alaska Maritime National Wildlife Refuge (5) Non-federal land The term non-Federal land (A) the approximately 43,093 acres of land owned by the State, as generally depicted on the map; and (B) the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. (6) Refuge The term Refuge (7) Secretary The term Secretary (8) State The term State (9) Tribe The term Tribe 6402. Land conveyance (a) In general On the date of enactment of the King Cove All-Weather Road Corridor Act, subject to the conditions and requirements described in this subtitle, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska. (b) Land exchange (1) In general As a condition of the conveyance under subsection (a), the State and the Corporation shall, not later than 15 days after the date of enactment of the King Cove All-Weather Road Corridor Act (2) Reversion The land conveyance under section 6402(a) shall be null and void if the State and the Corporation have not conveyed the non-Federal land from the State and the Corporation to the United States not later than 60 days after the date of enactment of King Cove All-Weather Road Corridor Act (c) Valuation The land conveyed under subsection (a) shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land. (d) Considerations In constructing the road described in subsection (a), the Governor shall— (1) minimize the adverse impact of the road corridor on the Refuge; (2) minimize the acreage of Federal land that is required for the construction of the road corridor, consistent with national road construction safety practices; and (3) to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of the King Cove All-Weather Road Corridor Act 6403. King Cove Road (a) Requirements relating to use, barrier cables, and dimensions (1) Limitations on use (A) In general Except as provided in subparagraph (B), any portion of the road constructed on the land conveyed under section 6402(a) shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes. (B) Exceptions Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A). (2) Requirement of barrier cable The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision (3) Required dimensions and design features The road described in paragraph (1)(A) shall— (A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State; (B) be constructed with gravel; and (C) if determined to be necessary, be constructed to include appropriate safety pullouts. (b) Support facilities Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge. (c) Federal permits It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit. (d) Transfer of land after construction On the date on which the road described in subsection (a)(1)(A) is completed, the Governor of the State shall transfer to the United States any land conveyed under section 6402(a) that the Governor determines is not necessary for the road corridor. (e) Applicable law Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3170 (f) Avoidance of wildlife impacts and mitigation of wetland loss (1) Avoidance of wildlife impacts (A) In general Road construction shall comply with standard construction practices in the State, as determined by the Governor of the State, that— (i) identify critical periods during the calendar year when the Refuge is utilized by wildlife, especially migratory birds; (ii) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods to minimize impacts to wildlife; and (iii) allow for the timely construction of the road. (B) Public availability The Governor of the State shall make available to the public the practices described in subparagraph (A). (2) Mitigation of wetlands loss The land conveyed under section 6402(a) shall comply with section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 6404. Administration of conveyed lands (a) Federal land On completion of the land exchange under section 6402(a)— (1) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and (2) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal. (b) Non-Federal land Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be— (1) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and (2) administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System. (c) Wilderness additions (1) In general Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to— (A) the Izembek National Wildlife Refuge Wilderness; or (B) the Alaska Peninsula National Wildlife Refuge Wilderness. (2) Administration The land added as wilderness under paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (d) Permits for dredged or fill materials The land conveyed under section 6402(a) shall not be subject to section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) 6405. Failure to begin road construction (a) Voided land conveyance The land conveyance under section 6402(a) shall be null and void if construction of the road through the Refuge— (1) has not begun during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act King Cove All-Weather Road Corridor Act (2) has not been completed during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act King Cove All-Weather Road Corridor Act (b) Return of prior ownership status of Federal land If the land conveyance is voided under subsection (b)— (1) the ownership of the Federal land shall revert back to the United States; and (2) the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness. 6406. Expiration of legislative authority (a) In general Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of the King Cove All-Weather Road Corridor Act (b) Extension of authority If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit. (c) Extension of authority as result of legal challenges (1) In general Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the conveyance of the land under section 6402(a) or construction of the road, the 7-year deadline or the 5-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process. (2) Injunction After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to the time period that the injunction is in effect. (d) Applicability of section 6405 On the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405. .

King Cove All-Weather Road Corridor Act

Uphold Our Promise to Veterans Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Suspends delivery of defense articles and services to the Government of Egypt until democratic elections and a peaceful transfer of power have taken place. Prohibits assistance to the Governments of Libya and Pakistan and to any country where a U.S. diplomatic facility has been attacked until the President certifies to Congress that such country has cooperated with investigations into such attack and have taken steps to prevent any future attack. Authorizes the sale of 8% of federal land managed by the Bureau of Land Management (BLM) and 8% of National Forest System land.  Requires proceeds from the sale of such land to be used to reduce the annual federal budget deficit or the outstanding national debt. Terminates the authority for the sale of such lands when sales proceeds equal $3.5 million or at the end of FY2024, whichever occurs first.

112 S1930 IS: Uphold Our Promise to Veterans Act U.S. Senate 2014-01-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1930 IN THE SENATE OF THE UNITED STATES January 15, 2014 Mr. Paul Committee on Armed Services A BILL To repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes. 1. Short title This Act may be cited as the Uphold Our Promise to Veterans Act 2. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed. 3. Limitations on foreign assistance (a) Foreign assistance to the Government of Egypt (1) Restrictions on assistance under Section 7008 In accordance with section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (2) Additional restrictions In addition to the restrictions referred to in paragraph (1), the following restrictions shall be in effect with respect to United States assistance to the Government of Egypt: (A) Deliveries of defense articles currently slated for transfer to Egyptian Ministry of Defense (MOD) and Ministry of Interior (MOI) shall be suspended until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (B) Provision of defense services to Egyptian MOD and MOI shall be halted immediately until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (C) Processing of draft Letters of Offer and Acceptance (LOAs) for future arms sales to Egyptian MOD and MOI entities shall be halted until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (D) All costs associated with the delays in deliveries and provision of services required under subparagraphs (A) through (C) shall be borne by the Government of Egypt. (b) Other Limitations on foreign assistance (1) Prohibition No amounts may be obligated or expended to provide any direct United States assistance, loan guarantee, or debt relief to a Government described under paragraph (2). (2) Covered governments The Governments referred to in paragraph (1) are as follows: (A) The Government of Libya. (B) The Government of Pakistan. (C) The Government of a host country of a United States diplomatic facility on the list submitted to Congress pursuant to paragraph (3). (3) Determination by Secretary The Secretary of State shall submit to Congress a list of all United States diplomatic facilities attacked, trespassed upon, breached, or attempted to be attacked, trespassed upon, or breached on or after September 1, 2012, not later than 5 days after the date of enactment of this Act and not later than 5 days after any subsequent attack, trespass, breach, or attempt. (4) Certification Beginning 90 days after the date of the enactment of this Act, the President may certify to Congress that— (A) a Government described under paragraph (2)— (i) is cooperating or has cooperated fully with investigations into an attack, trespass, breach, or attempted attack, trespass, or breach; (ii) has arrested or facilitated the arrest of, and if requested has permitted extradition of, all identifiable persons in such country associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach; (iii) is facilitating or has facilitated any security improvements at United States diplomatic facilities, as requested by the United States Government; and (iv) is taking or has taken sufficient steps to strengthen and improve reliability of local security in order to prevent any future attack, trespass, or breach; and (B) all identifiable persons associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach— (i) have been identified by the Federal Bureau of Investigation, the Bureau of Diplomatic Security, or other United States law enforcement entity; and (ii) are in United States custody. (5) Request to suspend prohibition on foreign assistance Upon submitting a certification under paragraph (4) with respect to a Government described under paragraph (2), the President may submit a request to Congress to suspend the prohibition on foreign assistance to the Government. (c) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency beginning with fiscal year 2015. 4. Authorization to sell land (a) Authorization For each of fiscal years 2014 through 2024 or when the authority under this section is terminated in accordance with subsection (d), whichever occurs first, subject to valid existing rights, the Secretary of the Interior or the Secretary of Agriculture, as the case may be, shall offer for competitive sale by auction all right, title, and interest, to the extent provided in subsection (b)(2), in and to the following: (1) Eight percent of the Federal land managed by the Bureau of Land Management. (2) Eight percent of the National Forest System land. (b) Terms and conditions (1) Configuration of land The Secretary concerned shall configure the land to be sold to maximize marketability or achieve management objectives, and may prescribe such terms and conditions on the land sales authorized by this Act as the Secretary deems in the public interest. (2) Mineral rights For each fiscal year, the Secretary concerned may include in the sale of land under subsection (a) the mineral rights to such land for not more than 50 percent of the total acreage sold under subsection (a) by that Secretary, if the Secretary determines that such inclusion is likely to maximize marketability. (c) Proceeds from the sale of land All proceeds from the sale of land under this section shall be deposited into the Treasury and applied— (1) to reduce the annual Federal budget deficit for the fiscal year in which the sums are received, except as provided in paragraph (2); and (2) if there is no annual Federal budget deficit for the fiscal year in which the sums are received, to reduce the outstanding Federal debt. (d) Termination of authority The authority under this section shall terminate when the proceeds deposited into the Treasury under subsection (c) equal $3,500,000 or at the end of fiscal year 2024, whichever occurs first.

Uphold Our Promise to Veterans Act