Datasets:

MTSUFall2024SoftwareEngineering

/

UnitedStatesSenateBillsAndSummaries

like 1

Follow

MTSU Fall 2024 Software Engineering 14

Better Care, Lower Cost Act - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to establish an integrated chronic care delivery program (Better Care Program or BCP) that promotes accountability and better care management for chronically ill patient populations and coordinates items and services under Medicare parts A (Hospital Insurance), B (Supplementary Medical Insurance), and D (Voluntary Prescription Drug Benefit Program), while encouraging investment in infrastructure and redesigned care processes that result in high quality and efficient service delivery for the most vulnerable and costly populations. Requires the program to include specified elements and focus on long-term cost containment and better overall health of the Medicare population by implementing through qualified BCPs strategies that prevent, delay, or minimize the progression of illness or disability associated with chronic conditions. Amends SSA title XIX (Medicaid) to require a state to pay the Secretary, with certain adjustments, for full benefit dual eligible individuals (eligible for both Medicare and Medicaid) enrolled in a qualified BCP. Makes Medicare the primary payor for such individuals. Amends SSA title XVIII part C (Medicare+Choice Program) to direct the Secretary to establish procedures for the transition of special needs individuals to a Medicare Advantage plan qualified BCPs. Prohibits any Medicare supplemental (Medigap) policy from covering cost-sharing for items and services (other than certain emergent services) furnished to an enrollee in a qualified BCP by a service provider or supplier that is not a qualified BCP professional. Revises requirements for the initial preventive physical examination (Welcome to Medicare visit) and annual wellness visits for BCP eligible individuals. Directs the Secretary, acting through the Agency for Healthcare Research and Quality, to designate and provide core funding for at least three Chronic Care Innovation Centers. Establishes new curricula requirements for direct and indirect graduate medical education payments that address the need for team-based care and chronic care management, including palliative medicine, chronic care management, leadership and team-based skills and planning, and leveraging technology as a care tool.

113 S1932 IS: Better Care, Lower Cost 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. 1932 IN THE SENATE OF THE UNITED STATES January 15, 2014 Mr. Wyden Mr. Isakson Committee on Finance A BILL To amend title XVIII of the Social Security Act to establish a Medicare Better Care Program to provide integrated care for Medicare beneficiaries with chronic conditions, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Better Care, Lower Cost Act (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. Medicare Better Care Program. Sec. 4. Chronic special needs plans. Sec. 5. Improvements to welcome to Medicare visit and annual wellness visits. Sec. 6. Chronic care innovation centers. Sec. 7. Curricula requirements for direct and indirect graduate medical education payments. 2. Findings Congress makes the following findings: (1) The field of medicine is ever-evolving and we need a highly skilled, team-oriented workforce that can meet the health care needs of today as well as the health care challenges of tomorrow. (2) The Medicare program should recognize the growing uses and benefits of health technology in delivering quality and cost-efficient care by encouraging the use of telemedicine and remote patient monitoring. 3. Medicare Better Care Program (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899B. Medicare Better Care Program (a) Establishment (1) In general Not later than January 1, 2017, the Secretary shall establish an integrated chronic care delivery program (in this section referred to as the program (A) focus on long-term cost containment and better overall health of the Medicare population by implementing through qualified BCPs (as described in paragraph (2)(A)) strategies that prevent, delay, or minimize the progression of illness or disability associated with chronic conditions; and (B) include the program elements described in paragraph (2). (2) Program elements The following program elements are described in this paragraph: (A) A health plan or group of providers of services and suppliers, or a health plan working with such a group, that the Secretary certifies in accordance with subsection (e) as meeting criteria developed by the Secretary to recognize the challenges of managing a chronically ill population, including patient satisfaction and engagement, quality measurement developed specifically for a chronically ill population, and effective use of resources and providers, may manage and coordinate care for BCP eligible individuals through an integrated care network, or Better Care Program (referred to in this section as a qualified BCP (B) Payments to a qualified BCP shall be made in accordance with subsection (g). (C) Implementation of the program shall focus on physical, behavioral, and psychosocial needs of BCP eligible individuals. (D) Quality and cost containment are considered interdependent goals of the program. (E) The calculation of long-term cost savings is dependent on qualified BCPs delivering the full continuum of covered primary, post-acute care, and social services using capitated financing. (3) Targeted participation (A) In general In certifying qualified BCPs throughout the country, the Secretary shall give priority to areas— (i) that do not have a concentration of accountable care organizations under section 1899; and (ii) with a high burden of chronic conditions. (B) Initial requirement In the first 5 years of the program, at least 50 percent of all new qualified BCPs certified nationwide by the Secretary shall be from counties or regions, as determined by the Secretary, where the prevalence of the most costly chronic conditions is at or greater than 125 percent of the national average. (C) Restricting the number of participating BCPs (i) In general The Secretary shall take into account geography, urban and rural designations, and the population case mix that will be served, when selecting BCPs for participation. (ii) Limitation during the first four program years During the first four years of the program, the total number of qualified BCPs certified by the Secretary shall not exceed 250. (iii) No limitation during fifth and subsequent program years During the fifth year and any subsequent year of the program, the Secretary may certify any BCP that meets the requirements to be certified as a qualified BCP. (4) Alignment with approved State plan waivers In certifying qualified BCPs, the Secretary shall ensure alignment with other approved waivers of State plans under title XIX. (b) Definition of BCP eligible individuals (1) Definition For purposes of this section, the term BCP eligible individual (A) is entitled to benefits under part A and enrolled under parts B and D, including an individual who is enrolled in a Medicare Advantage plan under part C, an eligible organization under section 1876, or a PACE program under section 1894; and (B) is medically complex given the prevalence of chronic disease that actively and persistently affects their health status, and absent appropriate care interventions, causes them to be at enhanced risk for hospitalization, limitations on activities of daily living, or other significant health outcomes. (2) Dual eligible individuals An individual who is dually eligible for Medicare and Medicaid shall not be excluded from enrolling in a qualified BCP. Dually eligible beneficiaries enrolled in a qualified BCP will see the full scope of their benefits under this title and title XIX (other than long-term care) managed by the qualified BCP. (c) Notification and enrollment (1) Notification Not later than October 1 of each year, the Secretary shall use all available tools, including the notice mailed annually under section 1804(a) and State health insurance assistance programs, to notify BCP eligible individuals of qualified BCPs in their area for the upcoming plan year. Such information shall also be easily accessible on the Internet website of the Centers for Medicare & Medicaid Services. (2) Enrollment The Secretary shall establish procedures under which BCP eligible individuals may voluntarily enroll in a qualified BCP at the following times: (A) During the annual, coordinated election period under section 1851(e)(3)(B). (B) During or following (for a length of time determined by the Secretary)— (i) an initial preventive physical examination (as defined in section 1861(ww)); or (ii) any subsequent visit where a chronic condition is identified or a previous condition is identified as having escalated to the level of a chronic condition. (d) Patient assessment (1) Standardized functional and health risk assessment (A) Minimum guidelines Not later than January 1, 2016, the Secretary shall publish minimum guidelines for qualified BCPs to furnish to enrollees a health information technology-compatible, standardized, and multidimensional risk assessment that— (i) assesses and quantifies the medical, psychosocial, and functional status of an enrollee; and (ii) includes a mechanism to determine the level of patient activation and ability to engage in self-care of an enrollee. (B) Updating Not less frequently than once every 3 years, the Secretary shall, through rulemaking, update such minimum guidelines to reflect new clinical standards and practices, as appropriate. (2) Individual patient-centered chronic care plan (A) Model plan Not later than January 1, 2016, the Secretary shall publish minimum guidelines for qualified BCPs to develop individual patient-centered chronic care plans for enrollees. Such a plan shall— (i) allow health professionals to incorporate the medical, psychosocial, and functional components identified in the risk assessment described in paragraph (1)(A)(i); (ii) provide a framework that can be easily integrated into electronic health records, allowing clinicians to make timely, accurate, evidence-based decisions at the point of care; and (iii) allow for the provider to describe how services will be provided to the enrollee. (B) Use of technology for patient self care (i) In general Whenever appropriate, the individual patient-centered chronic care plan of an enrollee shall include the use of technologies that enhance communication between patients, providers, and communities of care, such as telehealth, remote patient monitoring, Smartphone applications, and other such enabling technologies, that promote patient engagement and self care while maintaining patient safety. (ii) Coordination and development of streamlined pathway The Secretary shall work with the Office of the National Coordinator for Health Information Technology and the Department of Health and Human Services Chief Technology Officer to develop a streamlined pathway for the use of mobile applications and communications devices that effectively enhance the experience of the patient while maintaining patient safety and cost-effectiveness. Such pathway shall not duplicate existing efforts. (e) Qualified BCP providers (1) Criteria (A) In general Any health plan, provider of services, or group of providers of services and suppliers, who agrees to meet the requirements described in paragraph (2) and is specified in subparagraph (C) may form a multidisciplinary team of health professionals to be certified as a qualified BCP. Those providers may also choose to partner with a qualified insurer to become a qualified BCP. (B) No preemption of state licensure laws Nothing in this section shall preempt State licensure laws. (C) Groups of providers and suppliers specified (i) In general As determined appropriate by the Secretary, the following health plans, providers of services, or groups of providers of services and suppliers, that meet the criteria described in clause (ii) may be certified as qualified BCPs under the program: (I) Health professionals acting as part of a multidisciplinary team. (II) Networks of individual practices of health professionals that may include community health centers, Federally qualified health centers, rural health clinics, and partnerships or affiliations with hospitals. (III) Health plans that meet appropriate network adequacy standards, as determined by the Secretary, and that include providers with experience and interest in managing a population with chronic conditions. (IV) Independent health professionals partnering with an independent risk manager. (V) Such other groups of providers of services or suppliers as the Secretary determines appropriate. (ii) Criteria described The following criteria are described in this clause: (I) Demonstrated capacity to manage the full continuum of care (other than long-term care) for the specialized population of BCP eligible individuals. (II) Having a high rate of Medicare customer satisfaction, when applicable, or partnering with providers of services or suppliers with such a demonstrated high satisfaction rate. (2) Requirements A qualified BCP shall meet the following requirements: (A) The qualified BCP shall be accountable for the quality, cost, and overall care of enrolled BCP eligible individuals and agree to be at financial risk for that enrolled population. A qualified BCP shall be established with the objective of serving BCP eligible individuals. (B) The qualified BCP shall be responsible for the full continuum of care (other than long-term care) for enrollees. This continuum shall include medical care, skilled nursing and home health services, behavioral health care, and social services. The qualified BCP may not actively restrict an enrollee's access to providers based on a practitioner’s license or medical specialty based on cost alone. (C) The qualified BCP shall primarily consist of a care team tasked with responding to, treating, and actively supporting the needs of BCP eligible individuals. The care team shall also develop a care plan for each eligible BCP enrollee and use it as a tool to execute effective care management and transitions. (D) The qualified BCP shall include physicians, nurse practitioners, registered nurses, social workers, pharmacists, and behavioral health providers who commit to caring for BCP eligible individuals. (E) The qualified BCP shall enter into an agreement with the Secretary to participate in the program under this section for not less than a 3-year period. (F) The qualified BCP shall include adequate numbers of primary care and other relevant professionals that can effectively care for the number of BCP eligible individuals enrolled in the qualified BCP. (G) The qualified BCP shall provide the Secretary with such information regarding qualified BCP professionals participating in the qualified BCP necessary to support the enrollment of BCP eligible individuals in a qualified BCP, including evidence relating to high patient satisfaction when available, the implementation of quality reporting and other reporting requirements, and evidence to support a determination of capitated payments in accordance with subsection (g). (H) The qualified BCP shall have in place a structure that includes clinical and administrative systems, including health information technology, that supports the integration of services and providers across sites of care. (I) The qualified BCP may develop a collaborative partnership that supports the mission of the BCP with each of the following: (i) A regional or national Chronic Care Innovation Center under section 6 of the Better Care, Lower Cost Act (ii) A regional or national Center of Innovation (COIN) of the Department of Veterans Affairs Health Services Research and Development Service to identify and implement best practices— (I) to increase access to, and implementation of, prevention and wellness tools; (II) to integrate physical and behavior health care with social services; (III) to promote evidence-based medicine and patient engagement; (IV) to coordinate care across providers and care settings; (V) to allow more patients to be cared for in their homes and communities; (VI) to reduce hospital readmissions; (VII) to improve health outcomes for patients with chronic conditions; and (VIII) to report on quality improvement and cost measures. (iii) A regional or national Telehealth Resource Center of the Health Resources and Services Administration (HRSA) Office for the Advancement of Telehealth to create an interactive, online resource for qualified BCP professionals who may need additional training or assistance in managing the needs of a complex patient population, including— (I) continuing training and education and mentoring for qualified BCP professionals at any level of licensure; (II) clinician support for complex patients by an expert panel; (III) remote access to regional, national, and international experts in the field; (IV) forums for best practices to be discussed among qualified BCP professionals; (V) inter-professional education supporting optimal communication between members of a chronic care team; and (VI) continuing training on the use of telehealth, remote patient monitoring, and other such enabling technologies. (J) The qualified BCP shall demonstrate to the Secretary that it meets person-centeredness criteria specified by the Secretary in collaboration with accreditation organizations, including the use of patient and caregiver assessments and the use of individual patient-centered chronic care plans for each enrollee (as described in subsection (d)(2)). (K) The qualified BCP may identify and respond to unique cultural, social, and economic needs of a community that impact access to, and quality of, healthcare. (L) The qualified BCP shall provide care across settings, including in the home as needed. (M) The qualified BCP shall demonstrate financial solvency (as determined by the Secretary). (N) The qualified BCP shall demonstrate the ability to partner with providers of social and behavioral health services within the community. (O) The qualified BCP shall engage in continuing education on chronic care, on an ongoing basis (as determined necessary by the Chronic Care Innovation Center under the partnership under subparagraph (J)(i)), in collaboration with the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, and the Department of Veterans Affairs. (f) Implementing value-Based insurance design (1) In general (A) Election A qualified BCP may elect to provide value-based Medicare coverage in accordance with this subsection. (B) Inclusion of original Medicare fee-for-service program benefits Subject to subparagraph (C), enrollees in a qualified BCP that elects to provide value-based Medicare coverage under this subsection shall receive such coverage that includes items and services for which benefits are available under parts A and B to individuals entitled to benefits under part A and enrolled under part B, with cost-sharing for those items and services as described in subparagraph (C). (C) Cost-sharing Cost-sharing described in this subparagraph, with respect to an enrollee in a qualified BCP that makes such an election, is varied cost-sharing approved by the Secretary to incentivize the use of high-value, high-quality services that have been clinically proven to benefit BCP eligible individuals. (D) Changes in coverage The Secretary, in consultation with experts in the field, shall establish a process for qualified BCPs to submit value-based Medicare coverage changes that encourage and incentivize the use of evidence-based practices that will drive better outcomes while ensuring patient protections and access are maintained. (E) No requirement for coverage of long-term care services In no case shall a qualified BCP be required to provide to enrollees coverage for long-term care services. (2) Qualified BCP participation (A) Continued access Subject to subparagraph (B), enrollees in a qualified BCP shall continue to have access to all providers of services and suppliers under this title. (B) No application of varied cost-sharing for nonparticipating providers of services and suppliers (i) In general The varied cost-sharing under paragraph (1)(B) shall only apply to items and services furnished by qualified BCP professionals of a qualified BCP that makes an election under paragraph (1). In the case where items and services are furnished by a provider of services or supplier who is not such a qualified BCP professional, the cost-sharing applicable for those items and services will be the cost-sharing as required under parts A and B, or an actuarially equivalent level of cost-sharing as determined by the Secretary. (ii) Notification A BCP eligible individual shall be notified and counseled prior to the time of enrollment on potential changes in out-of-pocket costs that may occur if care is provided by a provider of services or supplier that is not a qualified BCP professional. (3) Limitations on out-of-pocket expenses outside a qualified BCP (A) In general Out-of-pocket costs, including individual beneficiary copayments, with respect to items and services furnished by a provider of services or supplier who is not a qualified BCP professional shall not exceed what would otherwise have been paid with respect to the item or service under the original Medicare fee-for-service program under parts A and B for the same services or an actuarially equivalent level of cost-sharing as determined by the Secretary, or, in the case of a dual eligible individual, under the Medicaid program under title XIX. (B) Prohibition on coverage of cost-sharing for certain items and services furnished to an enrollee outside of a qualified BCP under Medigap policies For provisions relating to prohibition on coverage of cost-sharing for items and services (other than emergent services, as defined by the Secretary) furnished to an enrollee outside of a qualified BCP under Medigap policies, see section 1882(z). (4) Prescription drug coverage (A) Drug plan option (i) In general A health plan certified as a qualified BCP may provide enrollees with a drug plan option specifically designed to reflect the medication needs of enrollees. (ii) Application of part D provisions (I) In general Except as otherwise provided in this section, the provisions of part D shall apply to a drug plan option offered by a qualified BCP under clause (i) in the same manner as such provisions apply to a prescription drug plan offered by a PDP sponsor under such part. (II) Limitation of enrollment A qualified BCP offering such a drug plan option may limit enrollment in the drug plan option to enrollees in the qualified BCP. (III) Waiver The Secretary may waive such provisions of part D as are necessary to carry out this section. (B) Agreement with prescription drug plans A qualified BCP managed by a group of providers of services may enter into an agreement with a PDP sponsor of a prescription drug plan under part D to establish and encourage individuals enrolled in the qualified BCP to enroll in a prescription drug plan under such part that is better suited to the needs of chronically ill individuals. (C) Limitation A drug plan option offered by a qualified BCP under subparagraph (A)(i) shall not have the authority to increase out-of-pocket limits otherwise applicable under part D. (g) Payments and treatment of savings (1) Payments to qualified BCPs on a capitated basis (A) In general In the case of a qualified BCP under this section, the Secretary shall make prospective monthly payments of a capitation amount for each BCP eligible individual enrolled in the qualified BCP in the same manner and from the same sources as payments are made to a Medicare Advantage organization under section 1853. Such payments shall be subject to adjustment in the manner described in section 1853(a)(2) or section 1876(a)(1)(E), as the case may be. (B) Capitation amount The capitation amount to be applied under this paragraph for a qualified BCP for each enrollee for a year shall be 1/12 per member per month payment (C) Determining the Rate Using Risk Relevant Control Group (i) Relevant Rate (I) Identification of beneficiary grouping Using claims data, the Secretary shall identify a group of beneficiaries who have similar health risk characteristics, and have sought care in the same county, multi-county, or State level (as determined appropriate by the Secretary to establish a payment area) to the population the qualified BCP is tasked with serving. To the extent feasible for a statistically valid control group, the health risk of such group shall reflect social characteristics, such as income, as well as medical risk. (II) Determination of relevant rate The per capita spending amounts under this title and, as appropriate, title XIX, of the group of beneficiaries identified under subclause (I) shall determine the relevant rate (ii) Benchmark Rate The Secretary shall establish the benchmark rate for a qualified BCP service area for each year of the program by updating the relevant rate determined under clause (i) with the projected change in per capita spending for the group of beneficiaries identified under clause (i)(I) for the payment area described in such clause, as determined by the Chief Actuary of the Centers for Medicare & Medicaid Services. (iii) Adjustment for health status (I) Comparison of health status The Secretary shall establish a risk score mechanism to compare the health status of an enrollee in a qualified BCP to the average health risk of group of beneficiaries identified under clause (i)(I). (II) Inclusion of number of conditions The Secretary shall provide that a risk score under the mechanism under this clause, with respect to an individual, includes an indicator for the number of chronic conditions with which the individual has been diagnosed. (III) Use of 2 years of diagnosis data The Secretary shall ensure that such risk score, with respect to an individual reflects not less than 2 years of diagnosis data, to the extent available. (IV) Adjustment for health status The per member per month payment to the qualified BCP for each enrollee shall be adjusted depending on how the individual risk profile of the enrollee compares to the average health status of such group of beneficiaries. If an enrollee has a risk profile that is not as severe as the average health status of such group of beneficiaries, then the per member per month shall be decreased to reflect the healthier (D) Shared risk payments for certain qualified BCPs during first 3 years of the program (i) In general This subparagraph shall only apply to qualified BCPs offered by a group of providers of services and suppliers during the first 3 years of the program under this section. (ii) Sharing of risk to alleviate outliers The Secretary shall determine shared risk payments and recoupments under this subparagraph for a qualified BCP described in clause (i) as follows: (I) Determination of gain or loss The Secretary shall, for each of the first 3 years of the program under this section, determine the percentage of gain or loss for the qualified BCP in providing benefits to enrollees under this section. (II) Gain or loss greater than 5 percent If the Secretary determines the qualified BCP has a gain or loss for the year of greater than 5 percent, the qualified BCP shall bear 100 percent of the risk or reward of such loss or gain. (III) Gain or loss of not less than 2 and not greater than 5 percent If the Secretary determines the qualified BCP has a gain or loss for the year of not less than 2 percent but not greater than 5 percent— (aa) the qualified BCP shall bear 80 percent of the risk or reward, as applicable, of such loss or gain; and (bb) the Secretary shall bear 20 percent of the risk or reward, as applicable, of such loss or gain. (IV) Gain or loss between 0 and 2 percent If the Secretary determines the qualified BCP has a gain or loss for the year of greater than 0 percent but less than 2 percent— (aa) the qualified BCP shall bear 50 percent of the risk or reward, as applicable, of such loss or gain; and (bb) the Secretary shall bear 50 percent of the risk or reward, as applicable, of such loss or gain. (iii) Provision of information A qualified BCP shall provide to the Secretary such information as the Secretary determines is necessary to carry out this subparagraph. (E) Bid submission Beginning with the fourth year of the program, a qualified BCP shall submit a bid for participation in the program for the year that reflects the experience of the qualified BCP— (i) in managing the care of the enrolled population; and (ii) in managing such care given the relevant rate determined under subparagraph (C). (F) Quality Bonus system (i) In general The Secretary shall establish a quality bonus system whereby the Secretary distributes bonus payments to qualified BCPs that meet the requirements described in clause (iii) and other standards specified by the Secretary, which may include a focus on quality measurement and improvement, delivering patient-centered care, and practicing in integrated health systems, including training in community-based settings. In developing such standards, the Secretary shall collaborate with relevant stakeholders, including program accrediting bodies, certifying boards, training programs, health care organizations, health care purchasers, and patient and consumer groups. (ii) Determination of quality bonuses Quality bonuses to the BCP shall be based on a comparison of the quality of care provided by the qualified BCP to enrollees to the quality of care provided to beneficiaries not enrolled in a qualified BCP or a Medicare Advantage plan under part C in the same region. For not less than the first 5 years of the program under this section, quality measures for the geographic region shall be based on local standards of care, and not on a national standard. For subsequent years, appropriate national standards shall be considered for inclusion in the comparison of the quality of care under this subparagraph. (iii) Requirements A qualified BCP is eligible for quality bonuses under this subparagraph if— (I) the qualified BCP meets quality performance standards under subsection (h)(3); and (II) the qualified BCP meets the requirements under subsection (e)(2). (h) Quality and other reporting requirements (1) In general The Secretary shall develop and implement, with assistance and input of relevant experts in the field and the National Strategy for Quality Improvement in Health Care, appropriate measures for BCP eligible individuals. The Secretary shall determine appropriate measures under this title and title XIX to assess the quality of care furnished by a qualified BCP, as well as those measures that are no longer appropriate and shall be removed from use. Such measures shall include measures— (A) of clinical processes and outcomes; (B) of patient and, where practicable, caregiver experience of care, including measurement that enhances patient activation and engagement; (C) of utilization (such as rates of hospital admissions for ambulatory care sensitive conditions); (D) of care coordination, management, and transitions; and (E) that appropriately align with the National Strategy for Quality Improvement in Health Care. The Secretary may use existing measures under this title, title XIX, or any other health care program, as appropriate, under this paragraph. (2) Reporting requirements A qualified BCP shall submit data in a form and manner specified by the Secretary which is not overly burdensome to the qualified BCP, on measures the Secretary determines necessary for the qualified BCP to report in order to evaluate the quality of care furnished by the qualified BCP. Such data reporting shall emphasize patient-centered measurement (3) Quality performance standards The Secretary shall establish quality performance standards to assess the quality of care furnished by qualified BCPs. The Secretary shall seek to improve the quality of care furnished by qualified BCPs over time by specifying higher standards, new measures, or both for purposes of assessing such quality of care. The Secretary shall also include a process for retiring measures that are no longer adequately contributing to improving standards of care at the greatest possible value. (4) Other reporting requirements and call for alignment The Secretary shall, as the Secretary determines appropriate, incorporate and align reporting requirements and incentive payments related to the physician quality reporting system under section 1848, including those related to reporting on quality measures under subsection (m) of that section, reporting requirements under subsection (o) of that section relating to meaningful use of electronic health records, the establishment of a value-based payment modifier under subsection (p) of that section, and other similar initiatives under that section, and may use alternative criteria than would otherwise apply under section 1848 for determining whether to make such payments to qualified BCP professionals. The incentive payments described in the preceding sentence shall not be taken into consideration when calculating any payments otherwise made under subsection (g). (i) Beneficiary protections The Secretary shall ensure that, to the extent consistent with this section, a qualified BCP offers beneficiary protections applicable to beneficiaries under this title and, as applicable, title XIX. (j) Payment of medicare cost-Sharing for dual eligible individuals In the case of a dual eligible individual enrolled in a qualified BCP, the Secretary may provide for the payment of medicare cost-sharing (as defined in section 1905(p)(3)) that would otherwise be available under the State plan under title XIX if the individual was not enrolled in the qualified BCP. (k) Definitions In this section: (1) Alternative payment model (APM) The term alternative payment model (A) A model under section 1115A (other than a health care innovation award). (B) An accountable care organization under section 1899. (C) A demonstration under section 1866C. (D) A demonstration required by Federal law. (E) A qualified BCP. (2) Hospital The term hospital (3) Qualified BCP professional The term qualified BCP professional . (b) Federal assumption of medicaid costs for full benefit dual eligible individuals enrolled in a qualified BCP Title XIX of the Social Security Act is amended by inserting after section 1943 the following new section: 1944. Federal assumption of medicaid costs for full benefit eligible individuals enrolled in a qualified BCP (a) State contribution (1) In general The State shall provide for payment to the Secretary for each month in an amount determined under paragraph (2)(A) for each applicable dual eligible BCP enrollee for such State. (2) State contribution amount (A) In general Subject to subparagraph (C), the amount determined under this paragraph for a State for a month in a year is equal to the product described in subparagraph (A) of section 1935(c)(1) for the State for the month, except that the reference in such subparagraph to the total number of full-benefit dual eligible individuals shall be deemed a reference to the total number of applicable dual eligible BCP enrollees. (B) Form and manner of payment The provisions of subparagraphs (B) through (D) of section 1935(c)(1) shall apply to payment by a State to the Secretary under this paragraph in the same manner as such subparagraphs apply to payment under section 1935(c)(1)(A). (C) Application of different factors In applying subparagraph (A), the following shall be substituted under paragraphs (2) and (3) of section 1935(c): (i) The base year State Medicaid per capita expenditures for covered part D drugs described in subparagraph (A)(i)(I) of such paragraph (2) shall be deemed to be the per capita expenditures for health care items and services that would apply (including any medicare cost-sharing), with respect to an applicable dual eligible BCP enrollee, if such an individual received benefits only under title XVIII (and not the State plan under this title). (ii) Any reference to expenditures for covered part D drugs or for prescription drug benefits shall be deemed a reference to the expenditures for health care items and services described in clause (i). (iii) Any reference to 2003 or 2004 shall be deemed a reference to 2017 or 2018, respectively. (iv) Any reference to a full-benefit-dual-eligible individual shall be deemed a reference to an applicable dual eligible BCP enrollee. (v) The applicable growth factor under section 1935(c)(4) for a year, with respect to a State, shall be the average annual percentage change (to that year from the previous year) of the expenditures of the State under the State plan under title XIX. (vi) The factor described in section 1935(c)(5) is deemed to be 90 percent. (3) Applicable dual eligible BCP enrollee For purposes of this section, the term applicable dual eligible BCP enrollee (b) Coordination of benefits (1) Medicare as primary payor In the case of an applicable dual eligible BCP enrollee, notwithstanding any other provision of this title, medical assistance is not available under this title for health care items or services (or for any cost-sharing respecting such health care items and services), and the rules under this title relating to the provision of medical assistance for such health care items and services shall not apply. The provision of benefits with respect to such health care items and services shall not be considered as the provision of care or services under the plan under this title. No payment may be made under section 1903(a) for health care items and services for which medical assistance is not available pursuant to this paragraph. (2) Coverage of long-term care services In the case of medical assistance under this title with respect to coverage of long-term care services furnished to an applicable dual eligible BCP enrollee, the State may elect to provide such medical assistance in the manner otherwise provided in the case of individuals who are not full-benefit dual eligible individuals or through an arrangement with such qualified BCP. In no case shall a qualified BCP be required to provide to enrollees coverage of long-term care services. . (c) State marketing materials for dually eligible individuals (1) State plan requirement Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (A) in paragraph (80), by striking and (B) in paragraph (81), by striking the period at the end and inserting ; and (C) by inserting after paragraph (81) the following: (82) provide that any marketing materials distributed by the State that are directed at dual eligible individuals (as defined in section 1915(h)(2)(B)) include information on qualified BCPs offered under section 1899B. . (2) Effective date The amendments made by this section shall apply to calendar quarters beginning on or after January 1, 2017, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (d) Prohibition on coverage of cost-Sharing for certain items and services furnished to an enrollee outside of a qualified BCP under Medigap policies Section 1882 of the Social Security Act ( 42 U.S.C. 1395ss (z) Prohibition on coverage of cost-Sharing for certain items and services furnished to an enrollee outside of a qualified BCP and development of new standards for medicare supplemental policies (1) Development The Secretary shall request the National Association of Insurance Commissioners to review and revise the standards for benefit packages under subsection (p)(1), taking into account the changes in benefits resulting from the enactment of the Better Care, Lower Cost Act 1991 NAIC Model Regulation date of enactment of this subsection Better Care, Lower Cost Act (2) Cost-sharing requirements The cost-sharing requirements described in this paragraph are that, notwithstanding any other provision of law, no medicare supplemental policy may provide for coverage of cost-sharing with respect to items and services (other than emergent services, as defined by the Secretary) furnished to an individual enrolled in a qualified BCP under section 1899B by a provider of services or supplier that is not a qualified BCP professional (as defined in section 1899B(k)). (3) Renewability The renewability requirement under subsection (q)(1) shall be satisfied with the renewal of the revised package under paragraph (1) that most closely matches the policy in which the individual was enrolled prior to such revision. . 4. Chronic special needs plans Section 1859 of the Social Security Act ( 42 U.S.C. 1395w–28 (1) in subsection (f)(4)— (A) by striking In the case of Subject to subsection (h), in the case of (B) by adding at the end the following flush text: Notwithstanding any other provision of this section, on or after January 1, 2014, the Secretary shall establish procedures for the transition of those individuals to a Medicare Advantage plan qualified BCP in accordance with subsection (h). ; and (2) by adding at the end the following new subsection: (h) Medicare Advantage plan qualified BCPs (1) In general A Medicare Advantage plan that is certified as a qualified BCP (referred to in this subsection as a Medicare Advantage plan qualified BCP (A) is deemed to be a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii); and (B) may enroll such special needs individuals. (2) Specialized benefit packages A Medicare Advantage plan qualified BCP shall have the flexibility to offer specialized benefit packages to enrollees described in subsection (b)(6)(B)(iii), consistent with the value-based insurance requirements under section 1899B(f). (3) Application of BCP requirements A Medicare Advantage plan qualified BCP shall be subject to all requirements applicable to a qualified BCP under section 1899B, including enrollment periods under subsection (c) of that section, applicable criteria relating to network adequacy, requirements with respect to individual patient-centered chronic care plans under subsection (d)(2) of that section, applicable criteria with respect to care management processes, and quality reporting under subsection (h) of that section. (4) Application of part C requirements The provisions of this part, including the provisions relating to specialized MA plans for special needs individuals described in subsection (b)(6)(B)(iii), shall apply to a Medicare Advantage plan qualified BCP to the extent they are consistent with the provisions of section 1899B. . 5. Improvements to welcome to Medicare visit and annual wellness visits (a) Welcome to Medicare visit Section 1861(ww)(1) of the Social Security Act (42 U.S.C. 1395x(ww)(1)) is amended by adding at the end the following new sentence: In the case of a BCP eligible individual (as defined in section 1899B(b)), such term includes a standardized functional and health risk assessment (as described in section 1899B(d)(1)) furnished by a qualified BCP professional (as defined in section 1899B(k)). (b) Annual wellness visit Section 1861(hhh)(1) of the Social Security Act (42 U.S.C. 1395x(h)(1)) is amended— (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (C) in the case of a BCP eligible individual (as defined in section 1899B(b)), that includes a standardized functional and health risk assessment (as described in section 1899B(d)(1)) furnished by a qualified BCP professional (as defined in section 1899B(k)). . (c) Effective date The amendments made by this section shall apply to services furnished on or after the date that is one year after the date of enactment of this Act. 6. Chronic care innovation centers (a) Designation Not later than October 1, 2016, the Secretary, acting through the Agency for Healthcare Research and Quality, shall designate and provide core funding for not less than three Chronic Care Innovation Centers. The Secretary shall develop a process for entities seeking to become a Chronic Care Innovation Center, and shall ensure sufficient geographic representation among those entities selected. The main objectives of such Centers shall include the following: (1) Improving the understanding of how to measure, monitor, and understand quality and efficiency for a patient population with substantial disease burden. (2) Rigorously examining alternative and innovative systems and strategies for efficiently improving quality and outcomes for common, serious, and chronic illnesses. (3) Developing and applying improved methodologies for informing policymakers regarding heterogeneity in the effectiveness and safety of proposed interventions, and assessing barriers to the implementation of high-priority care. (4) Studying organization and management practices that result in higher quality of care. (5) Defining and improving quality of care for patients with the chronic diseases prevalent in primary care settings. (6) Understanding the influence of race, ethnicity, and cultural factors on access, quality, and outcomes (such as clinical, patient-centered, health care utilization, and costs). (7) Evaluating new technology to enhance access to, and quality of care (such as telemedicine). (8) Assessing the use of patient self-management and behavioral interventions as a means of improving outcomes for Medicare beneficiaries with complex chronic conditions. (9) Understanding how management of care is affected when patients have multiple chronic conditions in which evidence or recommended guidelines are lacking, conflict with, or complicate overall care management. (10) Characterizing coordination of care within and across healthcare systems, including the Department of Veterans Affairs, the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (b) Requirements In order to be designated a Chronic Care Innovation Center under this section, each eligible entity must meet the following requirements: (1) Develop and implement a sustained research agenda in the field of chronic care. (2) Collaborate with local schools of public health and universities to carry out its mission. (3) Actively engage in the development of new, best practices for the delivery of care to the chronically ill. (4) Actively engage in the development and routine updating of quality measures for the chronically ill. (5) Have the ability to convene experts practiced in the needs of a chronically ill patient, including pharmacologists, psychiatrists, cardiologists, pulmonologists, rheumatologists, nutritionists and dieticians, social workers, and physical therapists. (6) Partner with the Secretary of Health and Human Services and the Secretary of Veterans Affairs (including the Center for Health Services Research in Primary Care of the Department of Veterans Affairs Health Services Research and Development Service), the medical community, medical schools, and public health departments through the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, and the Association of American Medical Colleges to routinely develop new, forward thinking, and evidence-based curricula that addresses the tremendous need for team-based care and chronic care management. Such curricula shall include palliative medicine, chronic care management, leadership and team-based skills and planning, and leveraging technology as a care tool. (c) Oversight and evaluation (1) In general The Agency for Healthcare Research and Quality shall be responsible for oversight and evaluation of all Chronic Care Innovation Centers under this section. (2) Reports Not less frequently than every 3 years, the Agency for Healthcare Research and Quality shall submit to the Secretary of Health and Human Services and to Congress a report containing the findings of oversight and evaluations conducted under paragraph (1). (d) Contract authority In order to carry out this section, the Secretary may contract with existing Centers of Innovation (COINs) of the Department of Veterans Affairs Health Services Research and Development Service that meet the requirements described in subsection (c). (e) Authorization There are authorized to be appropriated such sums as are necessary to carry out this section. 7. Curricula requirements for direct and indirect graduate medical education payments (a) Direct graduate medical education payments Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (9) New curricula requirements (A) Development The Secretary shall engage with the medical community and medical schools in developing curricula that meets the following requirements: (i) The curricula is new, forward thinking, and evidence-based. (ii) The curricula addresses the need for team-based care and chronic care management. (iii) The curricula includes palliative medicine, chronic care management, leadership and team-based skills and planning, and leveraging technology as a care tool. (B) Rural areas The curricula developed under subparagraph (A) shall include appropriate focus on care practices required for rural and underserved areas. (C) Limitation Notwithstanding the preceding provisions of this subsection, for cost reporting periods beginning on or after the date that is 5 years after the date of enactment of the Better Care, Lower Cost Act . (b) Indirect graduate medical education payments Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) (1) by redesignating clause (x), as added by section 5505(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (2) by adding at the end the following new clause: (xii) Notwithstanding the preceding provisions of this subparagraph, effective for discharges occurring on or after the date that is 5 years after the date of enactment of the Better Care, Lower Cost Act .

Better Care, Lower Cost Act

Global Magnitsky Human Rights Accountability Act - Authorizes the President to impose U.S. entry and property sanctions against any foreign person (or entity) who: is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country seeking to expose illegal activity carried out by government officials, or to obtain, exercise, or promote human rights and freedoms; acted as an agent of or on behalf of a foreign person in such activities; is a government official responsible for, or complicit in, ordering or otherwise directing acts of significant corruption or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities. Prescribes related penalties. Authorizes the President, with regard to such sanctions, to: (1) waive their application, with prior congressional notification, if in U.S. national security interests; and (2) terminate them under specified conditions. States that sanctions shall not apply if necessary to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters, or other applicable international obligations of the United States. Directs the President to report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition.

114 S284 ES: Global Magnitsky Human Rights Accountability 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. 114th CONGRESS 1st Session S. 284 IN THE SENATE OF THE UNITED STATES AN ACT To impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized human rights, and for other purposes. 1. Short title This Act may be cited as the Global Magnitsky Human Rights Accountability Act 2. Definitions In this Act: (1) Foreign person The term foreign person (2) Person The term person (3) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Authorization of imposition of sanctions (a) In general The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence— (1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek— (A) to expose illegal activity carried out by government officials; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); (3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3). (b) Sanctions described The sanctions described in this subsection are the following: (1) Inadmissibility to United States In the case of a foreign person who is an individual— (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (2) Blocking of property (A) In general The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (C) Exception relating to importation of goods (i) In general The authority to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanctions on the importation of goods. (ii) Good In this subparagraph, the term good 50 U.S.C. App. 2415 50 U.S.C. 1701 et seq. (c) Consideration of certain information in imposing sanctions In determining whether to impose sanctions under subsection (a), the President shall consider— (1) information provided by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (d) Requests by chairperson and ranking member of appropriate congressional committees Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall— (1) determine if that person has engaged in such an activity; and (2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes— (A) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (B) if the President imposed or intends to impose sanctions, a description of those sanctions. (e) Exception To Comply With United Nations Headquarters Agreement and law enforcement objectives Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States would further important law enforcement objectives or is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (f) Enforcement of blocking of property A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out subsection (b)(2) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (g) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or (4) the termination of the sanctions is in the vital national security interests of the United States. (h) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (i) Identification of sanctionable foreign persons The Assistant Secretary of State for Democracy, Human Rights, and Labor, in consultation with the Assistant Secretary of State for Consular Affairs and other bureaus of the Department of State, as appropriate, is authorized to submit to the Secretary of State, for review and consideration, the names of foreign persons who may meet the criteria described in subsection (a). (j) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (2) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. 4. Reports to Congress (a) In general The President shall submit to the appropriate congressional committees, in accordance with subsection (b), a report that includes— (1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 3 during the year preceding the submission of the report; (2) a description of the type of sanctions imposed with respect to each such person; (3) the number of foreign persons with respect to which the President— (A) imposed sanctions under section 3(a) during that year; and (B) terminated sanctions under section 3(g) during that year; (4) the dates on which such sanctions were imposed or terminated, as the case may be; (5) the reasons for imposing or terminating such sanctions; and (6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 3. (b) Dates for submission (1) Initial report The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. (2) Subsequent reports (A) In general The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of— (i) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (ii) each calendar year thereafter. (B) Congressional statement Congress notes that December 10 of each calendar year has been recognized in the United States and internationally since 1950 as Human Rights Day (c) Form of report (1) In general Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Exception The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President— (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section 3(a). (d) Public availability (1) In general The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and (2) the Committee on Appropriations, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. Passed the Senate December 17, 2015. Secretary

Global Magnitsky Human Rights Accountability Act

(This measure has not been amended since it was passed by the Senate on September 9, 2014. The summary of that version is repeated here.) Clifford P. Hansen Federal Courthouse Conveyance Act - Directs the Administrator of General Services (GSA) to offer to convey to Teton County, Wyoming, the parcel of land located at 145 East Simpson Street, Jackson, Wyoming, and the building on such land known as the Clifford P. Hansen Federal Courthouse. Directs the Administrator to require the County to pay: (1) nominal consideration for the parcel, and (2) fair market value for the building. Allows the Administrator, in lieu of the County's payment for the building, to accept any credits or waivers against lease payments, amounts expended by the County under facility maintenance agreements, or other charges for the continued occupancy or use by the federal government. Requires the deed for conveyance to include a covenant providing that the parcel and building will be for public use. Requires proceeds from the conveyance to be paid into the Federal Buildings Fund.

S1934 ENR: Clifford P. Hansen Federal Courthouse Conveyance Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 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. 1934 IN THE SENATE OF THE UNITED STATES AN ACT To direct the Administrator of General Services to convey the Clifford P. Hansen Federal Courthouse to Teton County, Wyoming. 1. Short title This Act may be cited as the Clifford P. Hansen Federal Courthouse Conveyance Act 2. Definitions In this Act: (1) Administrator The term Administrator (2) County The term County (3) Courthouse The term Courthouse (A) the parcel of land located at 145 East Simpson Street, Jackson, Wyoming; and (B) the building located on the land described in subparagraph (A), which is known as the Clifford P. Hansen Federal Courthouse 3. Conveyance of Federal courthouse to teton county, wyoming (a) In general Notwithstanding any other provision of law, the Administrator shall offer to convey to the County all right, title, and interest of the United States in and to the Courthouse. (b) Consideration In exchange for the conveyance of the Courthouse to the County under this Act, the Administrator shall require the County to pay to the Administrator— (1) nominal consideration for the parcel of land described in section 2(3)(A); and (2) subject to subsection (c), consideration in an amount equal to the fair market value of the building described in section 2(3)(B), as determined based on an appraisal of the building that is acceptable to the Administrator. (c) Credits In lieu of all or a portion of the amount of consideration for the building described in section 2(3)(B), the Administrator may accept as consideration for the conveyance of the building under subsection (b)(2) any credits or waivers against lease payments, amounts expended by the County under facility maintenance agreements, or other charges for the continued occupancy or use by the Federal Government of the building. (d) Restrictions on use The deed for the conveyance of the Courthouse to the County under this Act shall include a covenant that provides that the Courthouse will be used for public use purposes. (e) Costs of Conveyance The County shall be responsible for paying— (1) the costs of an appraisal conducted under subsection (b)(2); and (2) any other costs relating to the conveyance of the Courthouse under this Act. (f) Proceeds (1) Deposit Any net proceeds received by the Administrator as a result of the conveyance under this Act, as applicable, shall be paid into the Federal Buildings Fund established under section 592 (2) Expenditure Amounts paid into the Federal Buildings Fund under paragraph (1) shall be available to the Administrator, in amounts specified in appropriations Acts, for expenditure for any lawful purpose consistent with existing authorities granted to the Administrator. (g) Additional terms and conditions The Administrator may establish such additional terms and conditions with respect to the conveyance under this Act as the Administrator considers to be appropriate to protect the interests of the United States. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Clifford P. Hansen Federal Courthouse Conveyance Act

Diabetic Testing Supply Access Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to deny the Secretary of Health and Human Services (HHS) authority to restrict or eliminate a Medicare beneficiary's option of electing, regardless of delivery method (except by mail and private parcel service), to have diabetic testing supplies delivered to him or her by retail community pharmacies, including one that contracts with a long-term care facility, assisted living facility, group home, or other type of residential setting recognized by the state.

113 S1935 IS: Diabetic Testing Supply Access Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1935 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Thune Mr. Moran Committee on Finance A BILL To amend title XVIII of the Social Security Act to restore access to diabetic testing supplies for Medicare beneficiaries. 1. Short title This Act may be cited as the Diabetic Testing Supply Access Act of 2014 2. Authority for retail community pharmacies to deliver diabetic testing supplies to Medicare beneficiaries (a) In general Section 1847(a) of the Social Security Act (42 U.S.C. 1395w–3(a)) is amended by adding at the end the following new paragraph: (8) Nothing in this section shall be construed as authorizing the Secretary (through regulation, guidance, instruction, or otherwise) to restrict or eliminate an individual’s option of electing, regardless of delivery method (except by mail and private parcel service), to have diabetic testing supplies delivered to the individual by a retail community pharmacy (as defined in section 1927(k)(10)), including a retail community pharmacy that contracts with a long-term care facility, assisted living facility, group home, or other type of residential setting recognized by the State. This paragraph shall not be construed as changing the amount of payment made under this part for diabetic testing supplies, but only as authorizing delivery of such supplies to individuals through retail community pharmacies. . (b) Effective date The amendment made by subsection (a) shall apply to diabetic testing supplies delivered on or after the date of the enactment of this Act.

Diabetic Testing Supply Access Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Elections Preparedness Requires Early Planning (Elections PREP) Act - Amends the Help America Vote Act of 2002 to require each state to develop contingency plans to address unexpected emergencies or natural disasters that may threaten to disrupt the administration of an election for federal office. Requires a plan to contain: (1) alternative ways to notify the public of changes in election procedures; and (2) plans to address disruptions at every step of the voting process, including early voting.

113 S1937 IS: Elections Preparedness Requires Early Planning (Elections PREP) Act U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1937 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Schumer Committee on Rules and Administration A BILL To amend the Help America Vote Act of 2002 to require States to develop contingency plans to address unexpected emergencies or natural disasters that may threaten to disrupt the administration of an election for Federal office, and for other purposes. 1. Short title This Act may be cited as the Elections Preparedness Requires Early Planning (Elections PREP) Act 2. Contingency plans (a) In general (1) Contingency plans Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended— (A) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (B) by inserting after section 303 the following new section: 304. Contingency plans (a) In general Each State shall develop contingency plans to address unexpected emergencies or natural disasters that may threaten to disrupt the administration of an election for Federal office in accordance with the following requirements: (1) The State shall develop the contingency plan in consultation with State emergency preparedness organizations (including State and local law enforcement agencies, State Offices and Agencies of Emergency Management, electric companies, and local fire departments). (2) The contingency plan shall contain— (A) alternative ways to notify the public of changes in election procedures; and (B) plans to address disruptions at every step of the voting process, including early voting. (3) The State shall review and update, as needed, the contingency plan not later than 180 days before each regularly scheduled general election for Federal office. (b) Certification of compliance If the State has not filed with the Commission a certification under section 253(a) for the fiscal year, the State shall file with the Commission a statement certifying that the State is in compliance with the requirements under this section. A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: ____________ hereby certifies that it is in compliance with the requirements under section 304 of the Help America Vote Act of 2002. (c) Effective date Each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2014 and for any subsequent election for Federal office. . (2) Conforming amendments (A) Section 401 of such Act ( 42 U.S.C. 15511 and 303 303, and 304 (B) The table of contents of such Act is amended— (i) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (ii) by inserting after the item relating to section 303 the following new item: Sec. 304. Contingency plans. . (b) Requirements for State plans Section 254(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15404(a) (15) How the State will develop contingency plans consistent with the requirements of section 304. . (c) Funding Notwithstanding any other provision of law, the Administrator of the Federal Emergency Management Agency may provide financial assistance to States under the emergency management performance grants program (as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. 42 U.S.C. 7701 et seq. 6 U.S.C. 762

Elections Preparedness Requires Early Planning (Elections PREP) Act

Quadrennial Energy Review Act of 2014 - Amends the Department of Energy Organization Act to direct the President to establish an interagency energy coordination council to coordinate the Quadrennial Energy Review to provide an integrated view of national energy objectives and federal energy policy, including maximum practicable alignment of research programs, incentives, regulations, and partnerships. Requires the President to report to Congress on the Quadrennial Energy Review, including an integrated view of short-, intermediate-, and long-term objectives for federal energy policy in the context of economic, environmental, and security priorities. Authorizes the President to prepare and publish interim reports as part of the Quadrennial Energy Review. Directs the Secretary of Energy to provide the Quadrennial Energy Review with an Executive Secretariat who shall make available the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review.

113 S1938 IS: Quadrennial Energy Review Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1938 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Pryor Mr. Alexander Mr. Begich Mr. Boozman Mr. Coons Mr. Heinrich Mr. Tester Mr. Udall of New Mexico Mr. Wyden Committee on Energy and Natural Resources A BILL To amend the Department of Energy Organization Act to replace the current requirement for a biennial energy policy plan with a Quadrennial Energy Review, and for other purposes. 1. Short title This Act may be cited as the Quadrennial Energy Review Act of 2014 2. Findings Congress finds that— (1) the President’s Council of Advisors on Science and Technology recommends that the United States develop a Governmentwide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense; (2) as the lead agency in support of energy science and technology innovation, the Department of Energy has conducted a Quadrennial Technology Review of the energy technology policies and programs of the Department; (3) the Quadrennial Technology Review of the Department of Energy serves as the basis for coordination with other agencies and on other programs for which the Department has a key role; (4) a Quadrennial Energy Review would— (A) establish integrated, Governmentwide national energy objectives in the context of economic, environmental, and security priorities; (B) coordinate actions across Federal agencies; (C) identify the resources needed for the invention, adoption, and diffusion of energy technologies; and (D) provide a strong analytical base for Federal energy policy decisions; (5) a Quadrennial Energy Review should be established taking into account estimated Federal budgetary resources; (6) the development of an energy policy resulting from a Quadrennial Energy Review would— (A) enhance the energy security of the United States; (B) create jobs; and (C) mitigate environmental harm; and (7) while a Quadrennial Energy Review will be a product of the executive branch, the review will have substantial input from— (A) Congress; (B) the energy industry; (C) academia; (D) nongovernmental organizations; and (E) the public. 3. Quadrennial Energy Review (a) In general Section 801 of the Department of Energy Organization Act ( 42 U.S.C. 7321 801. Quadrennial Energy Review (a) Definitions In this section: (1) Director The term Director (2) Federal Laboratory (A) In general The term Federal Laboratory laboratory 15 U.S.C. 3710a(d) (B) Inclusion The term Federal Laboratory (3) Interagency energy coordination council The term interagency energy coordination council (4) Quadrennial energy review The term Quadrennial Energy Review (A) focuses on energy programs and technologies; (B) establishes energy objectives across the Federal Government; and (C) covers each of the areas described in subsection (d)(2). (b) Interagency energy coordination council (1) Establishment Not later than 90 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2013, and every 4 years thereafter, the President shall establish an interagency energy coordination council to coordinate the Quadrennial Energy Review. (2) Co-chairpersons The appropriate senior Federal Government official designated by the President and the Director shall be co-chairpersons of the interagency energy coordination council. (3) Membership The interagency energy coordination council shall be comprised of representatives at level I or II of the Executive Schedule of— (A) the Department of Energy; (B) the Department of Commerce; (C) the Department of Defense; (D) the Department of State; (E) the Department of the Interior; (F) the Department of Agriculture; (G) the Department of the Treasury; (H) the Department of Transportation; (I) the Office of Management and Budget; (J) the National Science Foundation; (K) the Environmental Protection Agency; and (L) such other Federal organizations, departments, and agencies that the President considers to be appropriate. (c) Conduct of review Each Quadrennial Energy Review shall be conducted to provide an integrated view of important national energy objectives and Federal energy policy, including the maximum practicable alignment of research programs, incentives, regulations, and partnerships. (d) Submission of Quadrennial Energy Review to Congress (1) In general Not later than August 1, 2015, and every 4 years thereafter, the President shall publish and submit to Congress a report on the Quadrennial Energy Review. (2) Inclusions The report described in paragraph (1) should include, as appropriate— (A) an integrated view of short-, intermediate-, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities; (B) anticipated Federal actions (including programmatic, regulatory, and fiscal actions) and resource requirements— (i) to achieve the objectives described in subparagraph (A); and (ii) to be coordinated across multiple agencies; (C) an analysis of the prospective roles of parties (including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including— (i) an analysis, by energy use sector, including— (I) commercial and residential buildings; (II) the industrial sector; (III) transportation; and (IV) electric power; (ii) requirements for invention, adoption, development, and diffusion of energy technologies that are mapped onto each of the energy use sectors; and (iii) other research that inform strategies to incentivize desired actions; (D) an assessment of policy options to increase domestic energy supplies and energy efficiency; (E) an evaluation of energy storage, transmission, and distribution requirements, including requirements for renewable energy; (F) an integrated plan for the involvement of the Federal Laboratories in energy programs; (G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy programs; (H) a mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; (I) an identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management; (J) an identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public-private partnerships, loans, and loan guarantees; (K) an assessment of global competitors and an identification of programs that can be enhanced with international cooperation; (L) an identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including consideration of— (i) Federal tax policies; and (ii) the role of Federal agencies as early adopters and purchasers of new energy technologies; (M) a priority list for implementation of objectives and actions taking into account estimated Federal budgetary resources; (N) an analysis of— (i) points of maximum leverage for policy intervention to achieve outcomes; and (ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and (O) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies. (e) Interim reports The President may prepare and publish interim reports as part of the Quadrennial Energy Review. (f) Executive Secretariat (1) In general The Secretary of Energy shall provide the Quadrennial Energy Review with an Executive Secretariat who shall make available the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section. (2) Cooperation The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section. . (b) Administration Nothing in this Act or an amendment made by this Act supersedes, modifies, amends, or repeals any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act.

Quadrennial Energy Review Act of 2014

War Powers Consultation Act of 2014 - States that: (1) the purpose of this Act is to establish a means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict; and (2) this Act is not meant to define, circumscribe, or enhance the constitutional war powers of either the executive or legislative branch of government. Repeals the War Powers Resolution. Establishes the Joint Congressional Consultation Committee. Directs the President to: (1) consult regularly with the Committee regarding significant matters of foreign policy and national security; (2) before ordering the deployment of members of the Armed Forces into a significant armed conflict, consult with and report to the Committee regarding the circumstances necessitating the significant armed conflict, the objectives, and the conflict's estimated scope and duration; and (3) consult with the Committee at least every two months for the duration of any significant armed conflict. States that, if the President determines that the need for secrecy or other emergency circumstances preclude carrying out such reporting before significant armed conflict is ordered or begins, the President shall carry out such reporting not later than three days after the beginning of the significant armed conflict. Declares that, within 30 days after the deployment of members of the Armed Forces into a significant armed conflict for which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Committee shall introduce a joint resolution of approval. Sets forth related congressional procedures, including the introduction of a joint resolution of disapproval if a vote against a resolution of approval's passage has taken place. States that nothing in this Act shall be construed as modifying U.S. obligations under any treaty or international agreement.

113 S1939 IS: War Powers Consultation Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1939 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Kaine Mr. McCain Mr. King Committee on Foreign Relations A BILL To repeal the War Powers Resolution and to provide for proper war powers consultation, and for other purposes. 1. Short title This Act may be cited as the War Powers Consultation Act of 2014 2. Findings; purpose (a) Findings Congress makes the following findings: (1) The War Powers Resolution ( 50 U.S.C. 1541 et seq. (2) The American people want both the President and Congress involved in the decisionmaking process when United States Armed Forces are committed to significant armed conflict, and the involvement of both branches is important in building domestic understanding and political support for doing so and ensuring the soundness of the resulting decision. (3) Past efforts to call upon the judicial branch to define the constitutional limits of the war powers of the executive and legislative branches of government have generally failed because courts, for the most part, have declined jurisdiction on the grounds that the issues involved are political questions (4) It harms the country to have the War Powers Resolution, the centerpiece statute in this vital area of United States law, regularly and openly questioned or ignored. (5) The country needs to replace the War Powers Resolution with a constructive means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict, without prejudice to the rights of either branch to assert its constitutional war powers or to challenge the constitutional war powers of the other branch. (b) Purpose The purpose of this Act is to establish a constructive and practical means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict. This Act is not meant to define, circumscribe, or enhance the constitutional war powers of either the executive or legislative branch of government, and neither branch by supporting or complying with this Act shall in any way limit or prejudice its right or ability to assert its constitutional war powers or its right or ability to question or challenge the constitutional war powers of the other branch. 3. Significant armed conflict defined (a) In general In this Act, except as provided under paragraph (2), the term significant armed conflict (b) Exceptions The term significant armed conflict (1) Actions taken by the President to repel attacks, or to prevent imminent attacks, on the United States, its territorial possessions, its embassies, its consulates, or its Armed Forces abroad. (2) Limited acts of reprisal against terrorists or states that sponsor terrorism. (3) Humanitarian missions in response to natural disasters. (4) Investigations or acts to prevent criminal activity abroad. (5) Covert operations. (6) Training exercises. (7) Missions to protect or rescue United States citizens or military or diplomatic personnel abroad. 4. Repeal of War Powers Resolution The War Powers Resolution ( 50 U.S.C. 1541 et seq. 5. Joint Congressional Consultation Committee (a) Establishment There is established the Joint Congressional Consultation Committee. (b) Membership (1) Composition The Commission shall be composed of the following members: (A) The majority leader of the Senate and the Speaker of the House of Representatives. (B) The minority leaders of the Senate and the House of Representatives. (C) The chairman and ranking member of each of the following committees of the Senate: (i) The Committee on Foreign Relations. (ii) The Committee on Armed Services. (iii) The Select Committee on Intelligence. (iv) The Committee on Appropriations. (D) The chairman and ranking member of each of the following committees of the House of Representatives: (i) The Committee on Foreign Affairs. (ii) The Committee on Armed Services. (iii) The Permanent Select Committee on Intelligence. (iv) The Committee on Appropriations. (c) Chairmanship The chairmanship and vice chairmanship of the Joint Congressional Consultation Committee shall alternate between the majority leader of the Senate and the Speaker of the House of Representatives, with the former serving as the chairman in each odd-numbered Congress and the latter serving as the chairman in each even-numbered Congress. (d) Staff of joint committee The chairman and vice chairman of the Joint Congressional Consultation Committee may jointly appoint and fix the compensation of a permanent, bipartisan staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate. The staff shall have access to all relevant national security and intelligence information considered by the Committee. 6. Consultation and reporting (a) Regular consultation The President shall consult regularly with the Joint Congressional Consultation Committee regarding significant matters of foreign policy and national security. (b) Consultation and reporting required prior to engagement in significant armed conflicts (1) In general Before ordering the deployment of members of the Armed Forces into a significant armed conflict, the President shall— (A) consult with the Joint Congressional Consultation Committee, including providing sufficient time for the exchange of views regarding whether to engage in the significant armed conflict; and (B) submit in writing to the Joint Congressional Consultation Committee a classified report setting forth the circumstances necessitating the significant armed conflict, the objectives, and the estimated scope and duration of the conflict. (2) Exception If the President determines that the need for secrecy or other emergency circumstances preclude carrying out the consultation required under subparagraph (A) of paragraph (1) or submitting the report required under subparagraph (B) of such paragraph before significant armed conflict is ordered or begins, the President shall carry out such consultation or submit such report not later than three calendar days after the beginning of the significant armed conflict. (c) Ongoing consultation during significant armed conflicts The President shall consult with the Joint Congressional Consultation Committee at least every two months for the duration of any significant armed conflict. (d) Annual report Not later than April 15 of each year, the President shall submit to the Joint Congressional Consultation Committee a classified written report describing, for the previous calendar year— (1) all significant armed conflicts in which the United States was engaged; and (2) all other operations, as described in section 3(b), other than covert operations, in which the United States was engaged. 7. Congressional approval or disapproval (a) Joint resolution of approval (1) Requirement Not later than 30 days after the deployment of members of the Armed Forces into a significant armed conflict with respect to which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Joint Congressional Consultative Committee shall introduce a joint resolution of approval. (2) Contents of resolution For purposes of this subsection, the term joint resolution of approval That Congress approves the use of members of the Armed Forces for the significant armed conflict covered in the report submitted to the Joint Congressional Consultation Committee pursuant to section 6(b) of the War Powers Consultation Act of 2014 on ___. (3) Referral to committee A joint resolution of approval introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. (4) Discharge of committee If the committee to which is referred a joint resolution of approval has not reported such resolution (or an identical resolution) at the end of 7 calendar days after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. (5) Floor consideration (A) In general When the committee to which a resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a joint resolution of approval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage Immediately following the conclusion of the debate on the joint resolution of approval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution of approval shall be decided without debate. (6) Coordination with action by other house If, before the passage by one House of a joint resolution of approval of that House, that House receives from the other House a joint resolution of approval, then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of approval of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (7) Rules of House of Representatives and Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, 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 of approval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) 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. (b) Joint resolution of disapproval (1) Contents of resolution For purposes of this subsection, the term joint resolution of disapproval That Congress disapproves the use of members of the Armed Forces for the significant armed conflict covered in the report submitted to the Joint Congressional Consultation Committee pursuant to section 6(b) of the War Powers Consultation Act of 2014 on ___. (2) Floor consideration (A) In general After a joint resolution of disapproval has been introduced under this subsection, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage Immediately following the conclusion of the debate on the joint resolution of disapproval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution of disapproval shall be decided without debate. (3) Coordination with action by other house If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of disapproval of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (4) Rules of House of Representatives and Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, 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 of disapproval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) 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. (c) Rule of construction Nothing in this section shall be construed as limiting or otherwise affecting the right of any Member of Congress to introduce a resolution or bill approving, disapproving, expanding, narrowing, or ending a significant armed conflict. 8. Treaties Nothing in this Act shall be construed as modifying any obligations of the United States under any treaty or international agreement. 9. Severability If any provision of this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.

War Powers Consultation Act of 2014

Recruiting Individuals to Drive Our Elders Act of 2014 or RIDE Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to publish an interim final rule to revise certain Medicaid transportation regulations to allow a state plan under title XIX (Medicaid) of the Social Security Act to provide, at state option, reimbursement for costs attributable to providing no-load volunteer travel services to Medicaid-eligible individuals who require transportation to receive non-emergency medical treatment.

113 S1940 IS: Recruiting Individuals to Drive Our Elders Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1940 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Franken Mr. Leahy Committee on Finance A BILL To provide reimbursement under the Medicaid program to individuals and entities that provide voluntary non-emergency medical transportation to Medicaid beneficiaries for expenses related to no-load travel. 1. Short title This Act may be cited as the Recruiting Individuals to Drive Our Elders Act of 2014 RIDE Act of 2014 2. Reimbursement for no-load travel costs incurred by volunteers providing non-emergency medical transportation to Medicaid beneficiaries (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish an interim final rule to revise the Medicaid transportation regulations at sections 431.53 440.170 (b) No-Load volunteer travel service For purposes of subsection (a), the term no-load volunteer travel service (1) are provided by a person who, as determined by a State, local, or tribal government, provides such services on a volunteer basis (referred to in this subsection as a volunteer (2) are necessary for the volunteer to— (A) travel from the originating location of the volunteer to the location of an individual who is eligible for medical assistance under the State Medicaid plan and requires transportation to receive non-emergency medical treatment (including, for purposes of an individual who requested transportation to receive non-emergency medical treatment and subsequently refused such transportation or was not present at the requested pick-up location, any travel that is necessary for the volunteer to return to their originating location); (B) for purposes of an individual who has been provided transportation by the volunteer to receive non-emergency medical treatment and is required to remain at the treatment location overnight or for an extended period of time (as determined appropriate by a State, local, or tribal government), return to the originating location of the volunteer and, following the completion of such treatment, travel back to the treatment location; and (C) following any transportation that is necessary to return an individual who has received non-emergency medical treatment to their pick-up location, return to the originating location of the volunteer.

Recruiting Individuals to Drive Our Elders Act of 2014

Women, Peace, and Security Act of 2014 - Expresses the sense of Congress that: (1) implementation of the United States National Action Plan on Women, Peace, and Security (NAP) is paramount in improving the lives of women around the world and increasing global stability and prosperity, (2) Congress is committed to advancing NAP principles, and (3) the President should ensure NAP's implementation and coordinate with the international community to reaffirm global commitments to implementation of United Nations Security Council Resolution 1325. States that it is U.S. policy to implement NAP. Directs the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: (1) integrate gender goals into diplomatic and development efforts, and into agency guidance and contracting; (2) include gender in strategic and budget planning processes; and (3) review existing U.S. policies and programs on women and girls in foreign countries from a gender perspective. Directs the heads of federal departments and agencies to ensure that NAP's tenets are incorporated into all programs related to: (1) conflict prevention, (2) humanitarian and disaster response, (3) conflict mediation, (4) peacekeeping, (5) post-conflict reconstruction, (6) institution building, and (7) democracy promotion. Urges the Secretary to promote the inclusion of women in coordination and consultation with international partners. Directs the Secretary, the Administrator, the Secretary of Defense (DOD) and representatives of other federal agencies to implement NAP and ensure relevant personnel training. Directs the Secretary to facilitate the efforts of partner governments to improve women's participation in peace and security processes, conflict prevention, peace-building, transitional processes, and decision making institutions in conflict-affected environments. Directs the Secretary and the Administrator to establish guidelines for overseas U.S. personnel to consult with specified stakeholders regarding U.S. efforts to: (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring women's meaningful participation.

113 S1942 IS: Women, Peace, and Security Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1942 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mrs. Boxer Mr. Kirk Mrs. Shaheen Committee on Foreign Relations A BILL To ensure that the United States promotes women’s meaningful inclusion and participation in mediation and negotiation processes undertaken in order to prevent, mitigate, and resolve violent conflict and implements the United States National Action Plan on Women, Peace, and Security. 1. Short title; table of contents (a) Short title This Act may be cited as the Women, Peace, and Security Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Sense of Congress regarding the National Action Plan on Women, Peace, and Security. Sec. 5. Statement of United States policies. Sec. 6. National Action Plan on Women, Peace, and Security. Sec. 7. Monitoring and evaluation. Sec. 8. Engaging women in the full range of conflict prevention, peace negotiation, peace-building, and security initiatives. Sec. 9. Consultations with stakeholders. Sec. 10. Reports to Congress. 2. Findings Congress finds the following: (1) The United States National Action Plan on Women, Peace, and Security, rooted in United Nations Security Council Resolution 1325 (2000) and its six follow-up resolutions 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), and 2122 (2013), seeks to address the disproportionate impact of modern warfare on civilians, particularly women and girls, and the necessity of substantively including women as equal partners in preventing conflict and building peace in countries threatened and affected by war, violence, and insecurity in all efforts to promote peace and security (2) Fundamental to the affirmations described in paragraph (1) is the full and equal participation of women as decisionmakers, planners, implementers, and beneficiaries in all efforts to achieve solutions for just conflict resolution, lasting stability, and inclusive democratic governance, including in— (A) conflict prevention; (B) mediation, transition processes, and peace and security negotiations; (C) peacekeeping and peace-building efforts; (D) humanitarian response; and (E) post-conflict reconstruction and governance. (3) The United States National Action Plan on Women, Peace, and Security, issued in December 2011— (A) builds upon the goals for gender integration articulated in— (i) the United States 2006 National Security Strategy: No nation can be free if half its population is oppressed and denied fundamental rights. We affirm the inherent dignity and worth of women, and support vigorously their full participation in all aspects of society. (ii) the United States May 2010 National Security Strategy: Experience shows that countries are more peaceful and prosperous when women are accorded full and equal rights and opportunity. When those rights and opportunities are denied countries often lag behind. (iii) the 2010 Quadrennial Diplomacy and Development Review: The protection and empowerment of women and girls is key to the foreign policy and security of the United States. (B) asserts that evidence from around the world and across cultures shows that integrating women and gender considerations into peace-building processes helps promote democratic governance and long-term stability (4) As directed by Executive Order 13595, State, DoD, and USAID will designate one or more officers, as appropriate, as responsible for coordination and implementation, and will supplement this Plan, by submitting to the Assistant to the President and National Security Advisor agency-specific Women, Peace, and Security implementation plans. These implementation plans will establish a full range of time-bound, measurable, and resourced actions State, DoD, and USAID will take to realize their commitments, and will include meaningful strategies for monitoring implementation and evaluating results. (5) On April 5, 2012, the Department of Defense (DoD) issued a Secretary of Defense Memorandum directing the Department to incorporate the concepts from the United States National Action Plan on Women, Peace, and Security into programs, policies and daily activities, stating that the goal of the National Action Plan is critical to national security strategic, operational, and tactical environment and aims (6) In March 2012, the United States Agency for International Development (USAID) released a new, agency-wide Gender Equality and Female Empowerment Policy, the first such policy since 1982. According to this policy, Gender equality and female empowerment are core development objectives, fundamental for the realization of human rights and key to effective and sustainable development outcomes. No society can develop successfully without providing equitable opportunities, resources, and life prospects for males and females so that they can shape their own lives and contribute to their families and communities. (7) In August 2012, the Department of State Implementation of the National Action Plan on Women, Peace, and Security was introduced. The plan states, the Department recognizes that promoting women’s participation in conflict prevention, management and resolution, as well as in post-conflict relief and recovery, advances core U.S. national interests of peace, national security, economic and social development and international cooperation. (8) In August 2012, the United States Agency for International Development (USAID) introduced its Implementation of the United States National Action Plan on Women, Peace, and Security, asserting, Ensuring the meaningful participation and protection of women and girls affected by crisis and conflict is critical to building lasting peace and achieving long-term development objectives. (9) During preparations for United States withdrawal of security forces in Afghanistan by 2014, and upcoming Afghan elections, it is critical to ensure women’s rights are not sacrificed and further that women’s security and ability to move freely throughout the country are recognized as indicators of the transition’s success. (10) In the Democratic Republic of Congo, ongoing impunity for violations of human rights, particularly women’s human rights, continues to undermine all efforts to bring lasting peace to the country and the region. (11) Women and girls on the forefronts of the Arab uprising—from Tunisia, Egypt, Libya, and Syria—are systematically excluded from political processes in the new emerging democratic governments, and reports of gender-based violent attacks, including sexual violence, by police and security forces are frequent. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Appropriations of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Foreign Relations of the Senate; (D) the Committee on Appropriations of the House of Representatives; (E) the Committee on Armed Services of the House of Representatives; and (F) the Committee on Foreign Affairs of the House of Representatives. (3) Decisionmaking processes The term decisionmaking processes (4) NAP The term NAP (5) Secretary The term Secretary (6) Stakeholders The term stakeholders (A) registered or nonregistered nonprofit organizations, advocacy groups, business or trade associations, labor unions, cooperatives, credit unions, relief or development organizations, community and faith-based organizations, philanthropic foundations, and tribal leaders or structures; (B) independent media, educational, or research institutions; and (C) private enterprises, including international development firms, banks, and other financial institutions, and particularly small businesses and businesses owned by women or disadvantaged groups. (7) Women’s meaningful inclusion and participation The term women’s meaningful inclusion and participation (A) conflict prevention; (B) mediation or negotiation efforts to resolve, mitigate, and transition from violent conflict; (C) peacekeeping and peace-building efforts; (D) post-conflict reconstruction, transition initiatives, and governance; and (E) humanitarian response. 4. Sense of Congress regarding the United States National Action Plan on Women, Peace, and Security It is the sense of Congress that— (1) the implementation of the United States National Action Plan on Women, Peace, and Security (NAP) is paramount in improving the lives of women and girls around the world and increasing overall global stability and prosperity; (2) Congress supports the statement in the NAP of the United States unqualified commitment to integrating women’s views and perspectives fully into our diplomatic, security, and development efforts—not simply as beneficiaries, but as agents of peace, reconciliation, development, growth, and stability (3) Congress is strongly committed to advancing the principles of the NAP, as instituted by Executive Order 13595 of December 19, 2011; (4) the United States should coordinate with the international community and civil society to develop criteria for eligibility to ensure that appropriate civil society representatives with relevant experience in gender sensitivity, peacemaking, or the promotion of human rights and security are identified for inclusion in all peace-building processes and activities; and (5) the President, in coordination with the Secretary, the Secretary of Defense, and the Administrator, should— (A) ensure the NAP’s robust, transparent, comprehensive, and coordinated implementation; and (B) coordinate with the international community to reaffirm global commitments to implementation of United Nations Security Council Resolution 1325 utilizing the commitments outlined in the NAP as a diplomatic means to encourage other countries to— (i) advance women’s inclusion in peace negotiations, peace-building activities, and conflict prevention; (ii) protect all civilians, specifically women and girls, from sexual and gender-based violence; and (iii) ensure equal access to relief and recovery assistance in areas of conflict and insecurity. 5. Statement of United States policies (a) In general It is the policy of the United States to implement the United States National Action Plan on Women, Peace, and Security (NAP), as instituted by Executive Order 13595 on December 19, 2011, to ensure that the United States effectively promotes and supports women in conflict-affected and post-conflict regions through clear, measurable commitments to— (1) promote the active and meaningful participation of women in affected areas in all aspects of conflict prevention, management, and resolution; (2) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies; (3) promote the physical safety, economic security, and dignity of women and girls; (4) support women’s equal access to aid distribution mechanisms and services; (5) monitor, analyze, and evaluate implementation efforts and the impact of such efforts; and (6) adjust policies and programs to improve outcomes. (b) Statement of Congress Congress— (1) recognizes the invaluable contributions that United States and international civil society groups have made to United States policies and programs on women, peace, and security; and (2) encourages the Secretary, the Secretary of Defense, and the Administrator to continue to consult and utilize the networks and expertise of these stakeholders to strengthen the implementation of the NAP. (c) Integration The Secretary and the Administrator shall— (1) integrate gender as fully as applicable into all diplomatic and development efforts; (2) include gender in strategic and budget planning processes; (3) continue to use and improve upon performance indicators and evaluation mechanisms to account for ongoing results and measure the impact of United States policies and programs on women and girls in foreign countries; and (4) review existing United States policies and programs on women and girls in foreign countries from a gender perspective, and revise such policies and programs to address any unintended harm. (d) Integration of gender goals in agency guidance and contracting (1) Department of State The Secretary shall prescribe regulations and issue guidance specifying key goals of the NAP with a view to fully integrating such goals into the operations of the Department of State in the United States and overseas, and shall ensure that such regulations and guidance call for compliance by all Department personnel and contractors. (2) United States Agency for International Development The Administrator shall prescribe regulations and issue guidance specifying key goals of the NAP with a view to fully integrating such goals into the operations of the United States Agency for International Development in the United States and overseas, and shall ensure that such regulations and guidance call for compliance by all Agency personnel and contractors. (e) Tenets The Secretary, the Administrator, the Secretary of Defense, the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention, the United States Permanent Representatives to the United Nations, the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, the United States Trade Representative, and the heads of other appropriate Federal departments and agencies shall ensure, as appropriate, that the tenets of the NAP are incorporated into all programs administered by each department and agency specified in this subsection related to— (1) conflict prevention; (2) humanitarian and disaster response; (3) conflict mediation; (4) peacekeeping; (5) post-conflict reconstruction; (6) institution building; and (7) democracy promotion. 6. United States National Action Plan on Women, Peace, and Security (a) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary, the Administrator, the Secretary of Defense, and the heads of other appropriate Federal departments and agencies shall, subject to subsection (b), develop or update and implement a NAP. The NAP shall be transmitted to the appropriate congressional committees and made publicly available. (b) Initial NAP For the purposes of this section, the United States National Action Plan on Women, Peace, and Security (c) Training (1) Foreign Service Act of 1980 Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by adding at the end the following new subsection: (e) The Secretary, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel, including special envoys, members of mediation or negotiation teams, relevant members of the Civil Service or Foreign Service, and contractors responsible for, or deploying to, countries or regions considered to be at risk of, undergoing, or emerging from violent conflict, obtain substantive knowledge and skills through— (1) appropriate advanced training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of women’s meaningful inclusion and participation (as defined in section 3 of the Women, Peace, and Security Act of 2013); (2) training on gender considerations and women’s meaningful inclusion and participation, including training regarding— (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons; and (3) training on effective strategies and best practices for ensuring women’s meaningful inclusion and participation. . (2) Title 10, United States Code (A) In general Chapter 107 2158. Training for ensuring women’s meaningful inclusion and participation The Secretary of Defense shall ensure that all appropriate personnel, including members of the Armed Forces, members of mediation or negotiation teams, relevant members of the Civil Service, and contractors responsible for, or deploying to, countries or regions considered to be at risk of, undergoing, or emerging from violent conflict, obtain substantive knowledge and skills through— (1) appropriate advanced training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of women’s meaningful inclusion and participation (as defined in section 3 of the Women, Peace, and Security Act of 2013); (2) training on gender considerations and women’s meaningful inclusion and participation, including training regarding— (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons; and (3) training on effective strategies and best practices for ensuring women’s meaningful inclusion and participation. . (B) Clerical amendment The table of sections at the beginning of chapter 107 of such title is amended by adding at the end the following new item: 2158. Training for ensuring women’s meaningful inclusion and participation. . (3) United Nations The Secretary is strongly encouraged to work with the United Nations and the international community to promote training that provides international peacekeeping personnel with substantive knowledge and skills needed to effectively ensure women’s meaningful inclusion and participation. 7. Monitoring and evaluation (a) In general The implementation of the NAP under section 6 shall include the establishment or improvement of monitoring and evaluation tools to ensure accountability and effectiveness of policies, programs, projects, and activities undertaken to support the objectives specified in such NAP. (b) Monitoring and evaluation plans The Secretary, the Administrator, the Secretary of Defense, and representatives of other relevant Federal agencies and departments, as appropriate, shall develop a plan for monitoring and independent evaluation of programs, projects, and activities carried out under this Act. The plan shall— (1) apply rigorous monitoring and evaluation methodologies to focus on learning, accountability, and policymaking, choosing from among a wide variety of qualitative, quantitative, summative, and formative methods common in the field of social scientific inquiry, including impact evaluations; and (2) be included in the NAP under section 6. (c) Foreign assistance coordination, planning, data collection, and tracking systems The Secretary and the Administrator, in consultation with the Secretary of Defense, as appropriate, shall— (1) utilize appropriate foreign assistance coordination, planning, data collection, and tracking systems to— (A) analyze the impact of staff training, management systems, and organizational structures on program results; (B) improve collection of sex- and age-disaggregated data in conflict-affected areas; (C) ensure proper targeting of programs; and (D) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence; (2) develop programming in accordance with the NAP’s principles and that is responsive to women’s needs and perspectives; (3) revise policies and programming as data is collected and analyzed to ensure improved outcomes for women and girls; (4) support budgeting, operational and programmatic planning, and performance management, related to women’s meaningful inclusion and participation; (5) post to the Foreign Assistance Dashboard up-to-date data on United States foreign assistance by account, bureau or office, as the case may be, and country where gender equality and women’s empowerment is a primary or secondary goal; and (6) develop or improve upon existing data collection mechanisms that— (A) track and report progress on the objectives specified in the NAP; (B) assess lessons learned; and (C) identify best practices. (d) Indicators The Secretary and the Administrator, in cooperation with the Secretary of Defense, as appropriate, shall identify common indicators to evaluate the impact of United States foreign assistance on women’s meaningful inclusion and participation and revise approaches to ensure improved outcomes. 8. Engaging women in the full range of conflict prevention, peace negotiation, peace-building, and security initiatives (a) In general The Secretary and the Administrator are strongly encouraged to work to facilitate women’s meaningful inclusion and participation in informal and formal peace negotiations, including, as appropriate by— (1) providing technical assistance, training, and logistical support to female negotiators, peace-builders, and stakeholders; (2) utilizing technology, such as cell phones or social media tools, that assist the work of organizers, negotiators, communicators, peace-builders, and other civil society actors; (3) addressing security-related barriers to women’s participation; (4) expanding and applying gender analysis to improve program design and targeting; and (5) supporting appropriate local organizations, especially women’s peace-building organizations. (b) Coordination The Secretary is encouraged to promote the meaningful inclusion and participation of women in coordination and consultation with international partners, including multilateral organizations, stakeholders, and other relevant international organizations, particularly in circumstances in which direct engagement is not appropriate or advisable. (c) Assessments The Secretary, in consultation with the Administrator, and in cooperation with the Secretary of Defense, as appropriate, shall conduct assessments that include the perspective of women before implementing new projects or activities in support of assistance related to— (1) peace negotiations; (2) transitional justice and accountability processes; (3) efforts to combat violent extremism; and (4) security sector reform. (d) Government efforts (1) In general The Secretary, in consultation with the Administrator, and in cooperation with the Secretary of Defense and the heads of other relevant Federal agencies and departments, as appropriate, shall encourage and facilitate the efforts of partner governments to improve women’s meaningful inclusion and participation in peace and security processes, conflict prevention, peace-building, transitional processes, and decisionmaking institutions in conflict-affected environments. (2) Government efforts The efforts of partner governments to be encouraged and facilitated under paragraph (1) include— (A) the recruitment and retention of women (including minorities) in leadership roles; (B) capacity building of legislative, judicial, defense, and law enforcement institutions to develop and implement policies which support women’s meaningful inclusion and participation; (C) increased women’s participation in programs funded by the United States Government that— (i) provide training to foreign nationals regarding law enforcement, the rule of law, and professional military education; and (ii) offer foreign nationals opportunities to participate in educational exchanges, conferences, and seminars; (D) training, education, and mobilization of men and boys as partners in support of women’s meaningful inclusion and participation; (E) development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls; and (F) measures to ensure that relief and recovery planning and assistance are informed by effective consultation with women and girls. 9. Consultations with stakeholders (a) In general The Secretary and the Administrator shall establish guidelines for overseas United States personnel to consult with stakeholders regarding United States efforts to— (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring women’s meaningful inclusion and participation. (b) Frequency and scope Consultations under subsection (a) shall— (1) take place not less frequently than once every 180 days, as appropriate; and (2) include a range and representative sample of local stakeholders, including women, youth, ethnic and religious minorities, and other politically under-represented or marginalized populations. 10. Reports to Congress (a) Training briefing The Secretary, in conjunction with the Administrator and the Secretary of Defense, shall designate appropriate officials to brief the appropriate congressional committees, not later than one year after the date of the enactment of this Act, on— (1) the existing, enhanced, and newly established training carried out pursuant to section 6(c) and the amendments made by such section; and (2) the guidelines established for overseas United States diplomatic and consular personnel to engage in consultations with United States and international stakeholders pursuant to section 9. (b) Annual report on women, peace, and security Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary, in conjunction with the Administrator and the Secretary of Defense, shall submit to the appropriate congressional committees a report that— (1) outlines the monitoring and evaluation tools, mechanisms, and common indicators established under section 7 to assess progress made on the objectives of the NAP; (2) summarizes United States diplomatic efforts and foreign assistance programs, projects, and activities to promote women’s meaningful inclusion and participation; and (3) summarizes and evaluates the impact of the NAP initiatives.

Women, Peace, and Security Act of 2014

Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 or the IN-STATE Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to allot grants to states to offer Dreamer students in-state tuition and expand their access to in-state financial aid. Defines a "Dreamer student" as an individual who: was under age 16 upon entering this country; has provided a list of each secondary school the individual attended in this country; and has earned a high school diploma or certain similar credentials, or is scheduled to complete the requirements for such a credential before the next academic year begins; has acquired a degree from an institution of higher education (IHE) or has successfully completed at least 2 years of a program for a bachelor's or higher degree in this country; or has served honorably in the uniformed services for at least 4 years. Directs the Secretary to provide for a hardship exception to either or both of the first two of such requirements. Requires grant applicants to assure the Secretary that they: (1) have made significant progress in establishing a preschool through postsecondary education (P-16) longitudinal data system; (2) will not discriminate against Dreamer students in awarding student aid or determining who is eligible for in-state tuition, if the student would otherwise be eligible for in-state financial aid as a state resident; and (3) will maintain, through FY 2023, at least their FY2013 level of support for their public IHEs. Allots grants to each state based on its proportion of resident Dreamer students who are enrolled at least half-time in postsecondary education. Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to collect a specified fee from recipients of F-1 visas, provided to nonimmigrant full-time students. Eliminates the prohibition on states offering unlawful aliens postsecondary benefits on the basis of their residence in the state that are more generous than those offered citizens or naturals of this country, without regard to their state residence. Allows individuals who have served honorably in the U.S. Armed Forces to be naturalized without having been lawfully admitted to this country for permanent residence.

113 S1943 IS: Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1943 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mrs. Murray Ms. Hirono Committee on the Judiciary A BILL To incentivize State support for postsecondary education and to promote increased access and affordability for higher education for students, including Dreamer students. 1. Short title This Act may be cited as the Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 IN-STATE for Dreamers Act of 2014 2. Findings and purposes (a) Findings Congress makes the following findings: (1) The non-partisan Congressional Budget Office found that comprehensive immigration reform would reduce the national deficit by billions, strengthen Social Security solvency, increase the number of jobs, and raise Gross Domestic Product. (2) According to a report by the Partnership for a New American Economy, in 2010 more than 40 percent of Fortune 500 companies were founded by immigrants or their children, generating a combined revenue of $4,200,000,000,000. (3) Thousands of deferred action childhood arrival students graduate from high schools in the United States every year but only a small fraction of those students enroll in higher education. (4) Many jobs in the 21st century economy require some form of postsecondary education. (5) Education provides an important pathway to the middle class; college graduates have higher earnings and lower unemployment rates than their less educated peers. (6) Since 2008, States are spending 28 percent less per student in higher education, and tuition and fees continue to rise. The increased costs are being shifted to students and student loan debt continues to grow. (7) Investments in higher education provide youth a ladder to achieving the American dream. (b) Purposes The purposes of this Act are to— (1) allow States to provide immigrant students timely and affordable access to higher education; (2) incentivize States to maintain support for higher education; and (3) promote increased access and affordability to postsecondary education for students through State need-based financial aid. 3. American dream grants (a) In general Subpart 4 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070c et seq. 415G. American dream grants (a) Dreamer students (1) In general In this section, the term Dreamer student (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) that the student attended in the United States; and (C) (i) has earned a high school diploma or a commensurate alternative award from a public or private high school or secondary school, has obtained a general education development certificate recognized under State law, has obtained a high school equivalency diploma in the United States, or is scheduled to complete the requirements for such a credential before the next academic year begins; (ii) has acquired a degree from an institution of higher education or has completed not less than 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; or (iii) has served in the uniformed services for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when a State shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) to qualify as a Dreamer student under paragraph (1), if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement under subparagraph (C) of paragraph (1). (b) Grants to States (1) Reservation for administration From the amounts appropriated to carry out this section for each fiscal year, the Secretary may reserve not more than 1 percent of such amounts to administer this section. (2) Grants authorized to eligible States From the amounts appropriated to carry out this section for each fiscal year and not reserved under paragraph (1), the Secretary shall award grants to eligible States to enable the States to carry out the activities described in this section. (3) Eligibility A State is eligible to receive a grant under this section if the State— (A) increases access and affordability to higher education for students by— (i) offering in-State tuition for Dreamer students; or (ii) expanding in-State financial aid to Dreamer students; and (B) submits an application to the Secretary that contains an assurance that— (i) the State has made significant progress establishing a longitudinal data system that includes the elements described in section 6201(e)(2)(D) of the America COMPETES Act ( 20 U.S.C. 9871(e)(2)(D) (ii) notwithstanding any other provision of law, the State will not discriminate, in awarding student financial assistance or determining who is eligible for in-State tuition, against a Dreamer student if the student would otherwise be eligible for in-State financial aid; and (iii) for each of fiscal years 2014 through 2023, the State will maintain State support for public institutions of higher education located in the State (not including support for capital projects, research and development, or tuition and fees paid by students) at not less than the level of such support for fiscal year 2013 adjusted annually for inflation as determined by the Consumer Price Index (as such term in defined in section 478(f)) for the previous calendar year. (4) Allotments The Secretary shall allot the amount appropriated to carry out this section for each fiscal year and not reserved under paragraph (1) among the eligible States in proportion to the number of Dreamer students enrolled at least half-time in postsecondary education who reside in the State for the most recent fiscal year for which satisfactory data are available, compared to the number of such students who reside in all eligible States for that fiscal year. (c) Supplement not supplant Grant funds awarded under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this section. (d) Authorization and appropriation of funds There are authorized to be appropriated, and there are appropriated, to carry out this section— (1) $55,000,000 for fiscal year 2015; (2) $55,000,000 for fiscal year 2016; (3) $60,000,000 for fiscal year 2017; (4) $60,000,000 for fiscal years 2018; (5) $75,000,000 for fiscal years 2019; (6) $75,000,000 for fiscal years 2020; (7) $85,000,000 for fiscal years 2021; (8) $85,000,000 for fiscal years 2022; (9) $100,000,000 for fiscal years 2023; and (10) $100,000,000 for fiscal years 2024. . (b) Offset Section 281 of the Immigration and Nationality Act ( 8 U.S.C. 1351 (1) by striking The fees (a) In general The fees ; (2) by striking : Provided (b) United Nations visitors Nonimmigrant visas ; (3) by striking Subject to (c) Fee waivers or reductions Subject to ; and (4) by adding at the end the following: (d) F-1 visa fee In addition to the fees authorized under subsection (a), the Secretary of Homeland Security shall collect a $150 fee from each nonimmigrant admitted under section 101(a)(15)(F)(i), which fee shall be deposited in the general fund of the Treasury. . (c) Restoration of State option To determine residency for purposes of higher education (1) Repeal Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 (2) Effective date The repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 (d) Naturalization Section 328(a) ( 8 U.S.C. 1439(a) , without having been lawfully admitted to the United States for permanent resident, and naturalized

Investing in States to Achieve Tuition Equality for Dreamers Act of 2014

Protecting Seniors from Health Care Fraud Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General, and the Attorney General to report annually to Congress and the public on health care fraud schemes targeted to seniors and steps being taken to combat such schemes and to educate seniors about them. Directs the Secretary to: (1) disseminate such reports through mechanisms that reach the most Medicare beneficiaries, and (2) mail to each Medicare beneficiary a list of the top 10 most prevalent health care fraud schemes.

113 S1944 IS: Protecting Seniors from Health Care Fraud Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1944 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mrs. Shaheen Mr. Casey Committee on Finance A BILL To amend title XVIII of the Social Security Act to distribute additional information to Medicare beneficiaries to prevent health care fraud, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Protecting Seniors from Health Care Fraud Act of 2014 (b) Findings Congress finds the following: (1) Seniors are more vulnerable to fraud than the general population. (2) Because seniors require more health care services than the general population, they need more information on health care schemes so they can protect themselves. (3) The Department of Health and Human Services should provide more up-to-date information in order to educate seniors on health care scams. 2. Distribution of additional information to seniors to prevent health care fraud Section 1804 of the Social Security Act ( 42 U.S.C. 1395b–2 (d) Distribution of additional information on health care fraud (1) Annual reports on health care fraud schemes (A) In general In connection with the Health Care Fraud and Abuse Control Program established under section 1128C, the Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services, and the Attorney General, shall transmit to Congress, and make available to the public, an annual report on health care fraud schemes that are targeted to seniors and steps that are being taken to combat such schemes and to educate seniors concerning such schemes. The first such report shall be transmitted and made available not later than 2 years after the date of the enactment of this subsection. (B) Contents of reports (i) In general Subject to clause (ii), each annual report under subparagraph (A) shall include the following information: (I) Identification of most prevalent fraud schemes The identification of the 10 most prevalent health care fraud schemes that are targeted to seniors and the prevalence and trends in such schemes. (II) Protection of seniors Actions that seniors and law enforcement and government agencies are taking and can take to combat such schemes and to protect seniors against health care fraud schemes. (III) Additional suggestions Policy suggestions to improve protections for seniors, including whether the additional information provided under this subsection is helping seniors in protecting them against fraud. (ii) Limitations The Secretary may— (I) omit information from an annual report on fraud schemes targeting seniors if public disclosure of the information would compromise an ongoing investigation; and (II) report information on fraud schemes by categories in an annual report if a more detailed disclosure of such a scheme would educate criminals rather than seniors. (iii) Private-public partnership The Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services and the Attorney General, may enter into an arrangement between public and private partners to develop the report that identifies the top 10 most prevalent health care fraud schemes and the associated report information. (C) Quarterly updating The information described in clauses (i) and (iii) of subparagraph (B) shall be updated quarterly to reflect changes in fraud schemes and methods to combat and educate seniors concerning such schemes. (D) Languages Such reports, as updated, shall be available in English and Spanish. (2) Dissemination of reports and top 10 list (A) In general The Secretary shall— (i) disseminate the reports under paragraph (1) to Medicare beneficiaries through mechanisms that reach the most Medicare beneficiaries; and (ii) provide for the mailing to each Medicare beneficiary of a list of the top 10 most prevalent health care fraud schemes. (B) Quarterly updates of top 10 list included with Medicare summary notices The Secretary shall include an updated list of the top 10 most prevalent health care fraud schemes under paragraph (1)(C) with the quarterly Medicare summary notices mailed to Medicare beneficiaries. (C) Posting of reports and quarterly updates on websites The annual reports, and quarterly updates, under this subsection shall be posted on the website of the Health Care Fraud and Abuse Control Program and on other websites maintained or supported by the Secretary relating to the Medicare program, the State Health Insurance Assistance Program, and the Senior Medicare Patrol of the Administration on Aging. (3) Sources of information for reports Information for the reports and updates under paragraph (1) shall be gathered from at least the following sources: (A) Department of Health and Human Services The following sources within the Department of Health and Human Services: (i) Medicare hotlines, including 1–800–MEDICARE, 1–800–HHSTIPS, and Medicare fraud toll-free hotlines and websites (such as www.stopmedicarefraud.gov) established by the Office of the Inspector General of the Department of Health and Human Services and the Centers for Medicare & Medicaid Services. (ii) State Health Insurance Assistance Programs (SHIPs). (iii) The Administration on Community Living, including— (I) the Senior Medicare Patrol (SMP) of the Administration on Aging; and (II) Aging and Disability Resource Centers. (iv) Medicare administrative contractors, fiscal intermediaries, and other contractors with the Centers for Medicare & Medicaid Services performing functions which may relate to fraud and abuse under the Medicare program. (v) The Indian Health Service. (B) Department of Justice The Department of Justice, including the Federal Bureau of Investigation. (C) SSA The Social Security Administration. (D) FTC The Federal Trade Commission. (E) Optional additional sources At the option of the Secretary— (i) State agencies that deal with elder abuse; and (ii) other governmental and nongovernmental entities with expertise in the protection of seniors from health care fraud as deemed appropriate. .

Protecting Seniors from Health Care Fraud Act of 2014

Voting Rights Amendment Act of 2014 - Amends the Voting Rights Act of 1965 with respect to the requirement that a federal court retain jurisdiction for an appropriate period to prevent commencement of new devices to deny or abridge the right to vote. Expands the types of violations triggering the authority of a court to retain such jurisdiction to include certain violations of the Act as well as violations of any federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group. Excludes from the list of violations triggering jurisdiction retention authority any voting qualification or prerequisite which results in a denial or abridgement of the right to vote that is based on the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in a federal, state, or local election. Revises requirements for determining which states and political subdivisions are covered or not covered by criteria for declaratory judgments that they have not used devices to deny or abridge the right to vote. Subjects to the requirements for making such a determination any state (and all of its political subdivisions) during a calendar if 5 or more voting rights violations occurred in the state during the previous 15 years, at least one of which was committed by the state itself (as opposed to a political subdivision within it). Specifies application of such new coverage requirements to any specific political subdivision if: (1) 3 or more voting rights violations occurred in it during the previous 15 calendar years; or (2) 1 or more voting rights violations occurred in it during the previous 15 calendar years and the subdivision had persistent, extremely low minority turnout during that period. Provides that, if a state obtains a declaratory judgment that it has not used a device to deny or abridge the right to vote, the requirements for a new declaratory judgment generally will not apply, unless the new coverage requirements of this Act apply to the state solely on the basis of voting rights violations occurring after the declaratory judgment was issued. Prescribes transparency requirements, including reasonable public notice, regarding any changes to: (1) voting prerequisites, standards, or procedures; (2) polling place resources; or (3) demographics and electoral districts. Modifies authority to assign observers, including authorizing the assignment of observers to enforce bilingual election requirements. Revises requirements for injunctive relief, including its scope and the persons authorized to seek relief as well as the grounds for granting it.

113 S1945 IS: Voting Rights Amendment Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1945 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Leahy Mr. Durbin Mr. Coons Committee on the Judiciary A BILL To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes. 1. Short title This Act may be cited as the Voting Rights Amendment Act of 2014 2. Violations triggering authority of court to retain jurisdiction (a) Types of Violations Section 3(c) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973a(c) violations of the fourteenth or fifteenth amendment violations of the 14th or 15th Amendment; violations of this Act (other than a violation of section 2(a) which is based on the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for Federal, State, or local office); or violations of any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group, (b) Conforming Amendment Section 3(a) of such Act ( 42 U.S.C. 1973a(a) violations of the fourteenth or fifteenth amendment violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group, 3. Criteria for coverage of States and political subdivisions (a) Determination of States and Political Subdivisions Subject to Section 4( a (1) In general Section 4(b) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973b(b) (b) Determination of States and Political Subdivisions Subject to Requirements (1) Existence of voting rights violations during previous 15 years (A) Statewide application Subsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if 5 or more voting rights violations occurred in the State during the previous 15 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State). (B) Application to specific political subdivisions Subsection (a) applies with respect to a political subdivision during a calendar year if— (i) 3 or more voting rights violations occurred in the subdivision during the previous 15 calendar years; or (ii) 1 or more voting rights violations occurred in the subdivision during the previous 15 calendar years and the subdivision had persistent, extremely low minority turnout during the previous 15 calendar years. (2) Period of application (A) In general Except as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period— (i) that begins on January 1 of the year in which subsection (a) applies pursuant to the applicable provisions of paragraph (1); and (ii) that ends on the date which is 10 years after January 1 of the year in which the most recent voting rights violation occurred in the State or political subdivision. (B) No further application after declaratory judgment (i) States If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. (ii) Political subdivisions If a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations (and, in the case of paragraph (1)(B)(ii), extremely low minority turnout) occurring after the issuance of the declaratory judgment. (3) Determination of voting rights violation For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: (A) In a final judgment (which has not been reversed on appeal), any court of the United States has determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of the 14th or 15th Amendment, occurred anywhere within the State or subdivision. (B) In a final judgment (which has not been reversed on appeal), any court of the United States has determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2), in violation of section 2. (C) In a final judgment (which has not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. (D) The Attorney General has interposed an objection under section 3(c) or section 5 (and the objection has not been overturned by a final judgment of a court or withdrawn by the Attorney General), and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision, other than an objection which is based on a voting qualification or procedure which consists of the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for Federal, State, or local office. (4) Determination of persistent, extremely low minority turnout For purposes of paragraph (1)(B)(ii), a political subdivision has persistent, extremely low minority turnout with respect to a calendar year if any of the following applies: (A) With respect to the general elections for the office of President which were held in the political subdivision during the previous 15 calendar years— (i) in the majority of such elections, the minority turnout rate in the political subdivision was below— (I) the minority turnout rate for the entire Nation, (II) the nonminority turnout rate for the entire Nation, (III) the minority turnout rate for the State in which the political subdivision is located, (IV) the nonminority turnout rate for the State in which the political subdivision is located, and (V) the nonminority turnout rate for the political subdivision; and (ii) the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the entire Nation. (B) With respect to the general elections for Federal office which were held in the political subdivision during the previous 15 calendar years— (i) in the majority of such elections, the minority turnout rate in the political subdivision was below— (I) the minority turnout rate for the State in which the political subdivision is located, (II) the nonminority turnout rate for the State in which the political subdivision is located, and (III) the nonminority turnout rate for the political subdivision; and (ii) the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the State in which the political subdivision is located. (5) Timing of determinations (A) Determinations of voting rights violations As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection (other than the determinations described in subparagraph (B)), including updating the list of voting rights violations attributable to each State and political subdivision for the previous calendar year. (B) Determinations of turnout rates As early as practicable during each odd-numbered calendar year, the Attorney General, in consultation with the heads of the relevant offices of the government, shall make the determinations of turnout rates required by this subsection, including the minority and nonminority turnout rates for the general elections for Federal office held in the previous year in each State and political subdivision (expressed as percentages of the citizen voting-age population of the State and subdivision and determined using scientifically accepted statistical methodologies). (C) Effective upon publication in Federal Register A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register. (6) Other definitions In this subsection, the following definitions apply: (A) The term general election for Federal office (B) The term minority (i) of Hispanic or Latino origin; (ii) of a race other than white; or (iii) of 2 or more races. (C) The term nonminority (i) not of Hispanic or Latino origin; (ii) white; and (iii) not of any other race. (D) The term turnout rate (i) the number of individuals in that group who are citizens of the United States, who are 18 years of age or older on the date of the election, and who cast ballots in the election; divided by (ii) the total number of individuals in that group who are citizens of the United States and who are 18 years of age or older on the date of the election. . (2) Conforming amendments Section 4(a) of such Act ( 42 U.S.C. 1973b(a) (A) in paragraph (1) in the first sentence of the matter preceding subparagraph (A), by striking any State with respect to which unless any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless (B) in paragraph (1) in the matter preceding subparagraph (A), by striking the second sentence; (C) in paragraph (1)(A), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) (D) in paragraph (1)(B), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) (E) in paragraph (3), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) (F) in paragraph (5), by striking (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) (G) by striking paragraphs (7) and (8). (b) Clarification of Treatment of Members of Language Minority Groups Section 4(a)(1) of such Act ( 42 U.S.C. 1973b(a)(1) race or color, race or color or in contravention of the guarantees of subsection (f)(2), (c) Repeal of Retention of Jurisdiction of 3-Judge Court Section 4(a)(5) of such Act ( 42 U.S.C. 1973b(a)(5) 4. Promoting transparency to enforce the Voting Rights Act (a) Transparency (1) In general The Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. 6. transparency regarding changes to protect voting rights (a) Notice of Enacted Changes (1) Notice of Changes If a State or political subdivision makes any change in any prerequisite to voting or standard, practice, or procedure affecting voting in any election for Federal office that will result in the prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of a concise description of the change, including the difference between the changed prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. (2) Deadline for notice A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved. (b) Transparency Regarding Polling Place Resources (1) In general In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. (2) Information described The information described in this paragraph with respect to a precinct or polling place is as follows: (A) The name or number. (B) In the case of a polling place, the location, including the street address. (C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. (D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. (E) The number of voting machines assigned. (F) The number of official paid poll workers assigned. (G) The number of official volunteer poll workers assigned. (H) In the case of a polling place, the dates and hours of operation. (3) Updates in information reported If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election, as soon as practicable after the change occurs. (c) Transparency of Changes Relating to Demographics and Electoral Districts (1) Requiring public notice of changes Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2). (2) Geographic areas described The geographic areas described in this paragraph are as follows: (A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision. (B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated. (C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district. (3) Demographic and electoral data The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are as follows: (A) The voting age population, broken down by demographic group. (B) If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group. (C) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved. (D) The actual number of votes, or (if it is not reasonably practicable for the State or political subdivision to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election and (if the change applies to only one political subdivision) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made. (4) Voluntary Compliance by Smaller Jurisdictions Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following: (A) A county or parish. (B) A municipality with a population greater than 10,000, as determined under the most recent decennial census. (C) A school district with a population greater than 10,000, as determined under the most recent decennial census. For purposes of this paragraph, the term school district (d) Rules Regarding Format of Information The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section. (e) No denial of right To vote The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change. (f) Definitions In this section— (1) the term demographic group (2) the term election . (2) Conforming amendment Section 3(a) of such Act ( 42 U.S.C. 1973a(a) in accordance with section 6 (b) Effective Date The amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. 5. Authority to assign observers (a) Clarification of Authority in Political Subdivisions Subject to Preclearance Section 8(a)(2)(B) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973f(a)(2)(B) (B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th amendment or any provision of this Act or any other law of the United States protecting the right of citizens of the United States to vote; . (b) Assignment of Observers To Enforce Bilingual Election Requirements Section 8(a) of such Act ( 42 U.S.C. 1973f(a) (1) by striking or (2) by adding or (3) by inserting after paragraph (2) the following new paragraph: (3) the Attorney General certifies with respect to a political subdivision that— (A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur, or (B) in the Attorney General’s judgment, the assignment of observers is necessary to enforce the guarantees of section 203; . 6. Injunctive relief (a) Clarification of Scope and Persons Authorized To Seek Relief Section 12(d) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973j(d) (1) by striking section 2, 3, 4, 5, 7, 10, 11, or subsection (b) of this section the 14th or 15th Amendment, this Act, or any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group (2) by striking the Attorney General may institute for the United States, or in the name of the United States, the aggrieved person or (in the name of the United States) the Attorney General may institute (b) Grounds for Granting Relief Section 12(d) of such Act ( 42 U.S.C. 1973j(d) (1) by striking (d) Whenever any person (d)(1) Whenever any person (2) by striking (1) to permit (A) to permit (3) by striking (2) to count (B) to count (4) by adding at the end the following new paragraph: (2) (A) In any action for relief described in this subsection, the court shall grant the relief if the court determines that, on balance, the hardship imposed upon the defendant by the issuance of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted. (B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure affecting voting, the court shall consider the following factors (to the extent applicable to the action): (i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding— (I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; (II) a violation of this Act; or (III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. (ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging— (I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; (II) a violation of this Act; or (III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. (iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which it is to take effect. (iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law. . 7. Other technical and conforming amendments (a) Actions Covered Under Section 3 Section 3(c) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973a(c) (1) by striking any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce any action under any statute in which a party (including the Attorney General) seeks to enforce (2) by striking at the time the proceeding was commenced at the time the action was commenced (b) Clarification of Treatment of Members of Language Minority Groups Section 4(f) of such Act ( 42 U.S.C. 1973b(f) (1) in paragraph (1), by striking the second sentence; and (2) by striking paragraphs (3) and (4). (c) Period During Which Changes in Voting Practices are Subject to Preclearance Under Section 5 Section 5 of such Act ( 42 U.S.C. 1973c (1) in subsection (a), by striking based upon determinations made under the first sentence of section 4(b) are in effect are in effect during a calendar year (2) in subsection (a), by striking November 1, 1964 November 1, 1972 the applicable date of coverage (3) by adding at the end the following new subsection: (e) The term applicable date of coverage (1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2015; or (2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2015. .

Voting Rights Amendment Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Government Publishing Office Act of 2014 - Redesignates the Government Printing Office (GPO) as the Government Publishing Office and the Public Printer and the Deputy Public Printer as the Director of the Government Publishing Office and the Deputy Director of the Government Publishing Office, respectively. Eliminates as a requirement for such positions that such officers be practical printers and versed in the art of bookbinding. 

113 S1947 IS: Government Publishing Office Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1947 IN THE SENATE OF THE UNITED STATES January 16, 2014 Ms. Klobuchar Mr. Chambliss Committee on Rules and Administration A BILL To rename the Government Printing Office the Government Publishing Office, and for other purposes. 1. Short title This Act may be cited as the Government Publishing Office Act of 2014 2. Redesignation of Government Printing Office to Government Publishing Office (a) In general The Government Printing Office is hereby redesignated the Government Publishing Office. (b) References Any reference to the Government Printing Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Publishing Office. 3. Redesignation of Public Printer to Director of the Government Publishing Office (a) Title 44, United States Code Title 44, United States Code, is amended— (1) by striking Public Printer Director of the Government Publishing Office (2) in the heading for each of sections 301, 302, 303, 304, 305, 306, 307, 502, 710, 1102, 1111, 1115, 1340, 1701, 1712, and 1914, by striking Public Printer Director of the Government Publishing Office (b) Other references Any reference in any law other than in title 44, United States Code, or in any rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the Public Printer shall be considered to refer and apply to the Director of the Government Publishing Office. 4. Redesignation of Deputy Public Printer to Deputy Director of the Government Publishing Office (a) Title 44, United States Code Title 44, United States Code, is amended— (1) by striking Deputy Public Printer Deputy Director of the Government Publishing Office (2) in the heading for each of sections 302 and 303, by striking Deputy Public Printer Deputy Director of the Government Publishing Office (b) Other references Any reference in any law other than in title 44, United States Code, or in any rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the Deputy Public Printer shall be considered to refer and apply to the Deputy Director of the Government Publishing Office. 5. Director requirements Section 301 (1) in the first sentence, by striking , who must be a practical printer and versed in the art of bookbinding, (2) in the second sentence, by striking His The 6. Deputy Director requirements Section 302 (1) in the first sentence, by striking , who must be a practical printer and versed in the art of bookbinding, (2) in the second sentence— (A) by striking He The Deputy Director of the Government Publishing Office (B) by striking perform the duties formerly required of the chief clerk, (C) by striking , and perform and perform (D) by striking of him 7. Other conforming amendments Chapter 3 (1) in the first sentence of section 304, by striking or his or the Director's (2) in section 305(a)— (A) by striking he considers the Director considers (B) by striking He may not The Director of the Government Publishing Office may not (3) in section 306, by striking his direction the direction of the Director (4) in section 308— (A) in subsection (b)(1)— (i) by striking his accounts the accounts of the disbursing officer (ii) by striking his name the name of the disbursing officer (B) in subsection (b)(2)— (i) by striking his estate the estate of the disbursing officer (ii) by striking to him to the deputy disbursing officer (iii) by striking his service the service of the deputy disbursing officer (C) in subsection (c)(1)— (i) by striking by him by such officer or employee (ii) by striking his discretion the discretion of the Comptroller General (iii) by striking whenever he whenever the Comptroller General (5) in section 309— (A) in the second sentence of subsection (a), by striking by him by the Director (B) in subsection (f), by striking his or her discretion the discretion of the Comptroller General (6) in section 310, by striking his written request the written request of the Director (7) in section 311(b), by striking he justifies the Director justifies (8) in section 312, by striking his service the service of such officer (9) in section 317, by striking his delegate a delegate of the Director

Government Publishing Office Act of 2014

Native Language Immersion Student Achievement Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to tribes, tribal colleges or universities, tribal education agencies, schools, and private or tribal nonprofit organizations to develop and maintain, or improve and expand, programs that support the use by schools, from prekindergarten through postsecondary education, of Native American languages as their primary language of instruction. Requires grant applicants to present the Secretary with specified assurances and demonstrations that the schools they will support have the capacity to provide education primarily through a Native American language. Requires grantees to: support Native American language education and development; develop or refine instructional curricula for the schools they support, including distinctive teaching materials and activities; fund training opportunities for school staff that strengthen the overall language and academic goals of their schools; develop a Native Language alignment plan to create or refine assessments of student proficiency; and engage in other activities that promote Native American language education and development.

113 S1948 IS: Native Language Immersion Student Achievement Act U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1948 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Tester Mr. Schatz Mr. Begich Mr. Johnson of South Dakota Mr. Baucus Committee on Indian Affairs A BILL To promote the academic achievement of American Indian, Alaska Native, and Native Hawaiian children with the establishment of a Native American language grant program. 1. Short title This Act may be cited as the Native Language Immersion Student Achievement Act 2. Findings Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act ( Public Law 101–477 (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (4) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. 3. Native American language schools Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. D Native American language schools 7401. Native American language schools (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the school that will improve high school graduation rates, college attainment, and career readiness; and (2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act ( Public Law 101–477 (b) Program authorized (1) In general From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education, using Native American languages as the primary language of instruction of all curriculum taught at the schools. (2) Eligible entities In this section, the term eligible entity (c) Application (1) In general An 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 require, including the following: (A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of present hours of Native American language instruction being provided to students at such school, if any. (D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. (E) A statement that such school— (i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and (ii) provides assessments of student using the Native American language of instruction, where appropriate. (F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. (2) Additional application materials In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: (A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. (B) A statement that such school will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. (C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. (d) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount and length of each grant; (2) ensure, to the maximum extent feasible, that diversity in languages is represented; and (3) require the eligible entities to present a Native language education plan to improve high school graduation rates, college attainment, and career readiness. (e) Activities authorized An eligible entity that receives a grant under this section shall carry out the following activities: (1) Support Native American language education and development. (2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. (3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. (4) Other activities that promote Native American language education and development, as appropriate. (f) Report to secretary Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. (g) Authorization of appropriation There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years. .

Native Language Immersion Student Achievement Act

Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014 - Designates certain federal land in the Olympic National Forest in the state of Washington as wilderness and as components of the National Wilderness Preservation System. Designates certain other land, identified on the same map as such proposed areas, as potential wilderness. Amends the Wild and Scenic Rivers Act to designate as wild, scenic, or recreational rivers specified segments of the following rivers in the state of Washington: Elwha River; Dungeness River; Big Quilcene River; Dosewallips River; Duckabush River; Hamma Hamma River; South Fork Skokomish River; Middle Fork Satsop River; West Fork Satsop River; Wynoochee River; East Fork Humptulips River; West Fork Humptulips River; Quinault River; Queets River; Hoh River; Bogachiel River; South Fork Calawah River; Sol Duc River; and Lyre River. Authorizes the Secretary of Agriculture (USDA) to take necessary measures to control fire, insects, and diseases in the wilderness areas designated by this Act. Withdraws the federal land within the boundaries of the designated river segments from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.

113 S1949 IS: Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1949 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mrs. Murray Committee on Energy and Natural Resources A BILL To designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, and for other purposes. 1. Short title This Act may be cited as the Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014 2. Findings Congress finds that— (1) wilderness and wild and scenic river designations provide myriad benefits to the local community and beyond, including— (A) recreation, as evidenced by the more than 12,000,000 visitors each year to wilderness areas who participate in recreation activities such as hiking, horseback riding, hunting, fishing, skiing, climbing, camping, and floating and rafting; (B) wildlife habitat, by providing permanent and durable protection for habitat for varied wildlife species, including endangered species; (C) clean water for local communities that rely on the Olympic National Forest as the source for clean and safe drinking water; (D) municipal watersheds for cities such as Port Townsend, Washington; (E) the ancient forests, salmon streams, and unique scenery of the Olympic National Forest, which provide local businesses with a competitive edge over other regions in attracting and retaining the talented people required by local companies; (F) the popular National Parks, monuments, wilderness areas, and other public land of the West, which have provided a competitive advantage to the growing high technology and professional services industries of the West, such as health care, education, and business, enabling the West to outperform the rest of the United States economy in key measures of growth, including employment, population, and personal income during the 4 decades immediately preceding the date of enactment of this Act; and (G) protecting and enhancing local travel, tourism, hunting, fishing, and outdoor recreation industries; (2) under the Wilderness Act (16 U.S.C. 1131 et seq.)— (A) land designated as wilderness protects ecological, geological, or other features of scientific, scenic, or historical value (B) Federal agencies retain the ability to use any means necessary to protect and control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate; and (C) wilderness designations do not apply to private land; (3) this Act does not designate private land inholdings as wilderness; (4) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.)— (A) certain rivers are preserved to safeguard outstanding natural, cultural, and recreational values for current and future generations; (B) designation as a wild and scenic river does not give the Federal Government control over private property and provides no additional authority for expanding designated river segments, except as provided in this Act and other Acts; (C) existing water rights are not impacted; (D) the jurisdiction of the States and the Federal Government over waters are not impacted, as determined by established principles of law; and (E) river segments classified as scenic recreational (5) the areas protected under this Act unquestionably meet all requirements under Federal law (including regulations), as the areas contain— (A) old growth stands, temperate rain forests, and large swaths of roadless forests, more than 99 percent of which could not be commercially harvested under existing Federal law (including regulations); (B) the wilderness areas established under this Act are areas that are prized by hikers, hunters, anglers, and others and will be preserved and protected for recreational enjoyment for generations to come; and (C) rivers and tributaries that— (i) are a source of clean water for many communities on the Olympic Peninsula; and (ii) provide important habitat for salmon and other species of fish and supply the cold freshwater that feeds the Puget Sound and creates the necessary conditions for clams, oysters, and mussels, whose growers contribute more than $250,000,000 to the economy and support thousands of jobs in the State of Washington; (6) as a result of this Act— (A) no roads would be closed; (B) management decisions by local Forest Service managers as to which roads should be closed, maintained, or remain open for public access will not be impacted and any ongoing travel management processes will continue to be the manner by which those decisions are made, along with public input; and (C) no private land would be subject to management under the Wilderness Act (16 U.S.C. 1131 et seq.) or the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); (7) private property rights are central to the United States and the economy of the United States, and it shall be the policy of the United States to encourage, support, and promote the private ownership of property to ensure that the constitutional and other legal rights of private property owners are not abridged by the Federal Government; (8) the Olympic Peninsula is home to 8 federally recognized Indian tribes; and (9) the United States acknowledges the trust obligations of the Federal Government to Indian tribes and recognizes that— (A) the case styled United States v. Washington (384 F. Supp. 312) guaranteed certain Indian tribes in the State of Washington harvest rights to Pacific salmon, leading to employment opportunities for tribal members; (B) tribal governments provide a wide range of critical services to enrolled members, including education and cultural activities; (C) Indian tribes engage in ongoing efforts to restore and improve salmon populations and habitat across the Olympic Peninsula, frequently in conjunction with Federal, State, and local governments and private stakeholders; and (D) ongoing tribal efforts to protect and improve salmon habitat and the habitats of other threatened species populations are encouraged and supported in order to support the long-term health of the ecosystem and the economic benefit those resources provide. 3. Designation of Olympic National Forest wilderness areas (a) In General In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the Olympic National Forest in the State of Washington comprising approximately 126,554 acres, as generally depicted on the map entitled Proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act map (1) Lost Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 7,159 acres, as generally depicted on the map, which shall be known as the Lost Creek Wilderness (2) Rugged Ridge Wilderness Certain Federal land managed by the Forest Service, comprising approximately 5,956 acres, as generally depicted on the map, which shall be known as the Rugged Ridge Wilderness (3) Alckee Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 1,787 acres, as generally depicted on the map, which shall be known as the Alckee Creek Wilderness (4) Gates of the Elwha Wilderness Certain Federal land managed by the Forest Service, comprising approximately 5,669 acres, as generally depicted on the map, which shall be known as the Gates of the Elwha Wilderness (5) Buckhorn Wilderness additions Certain Federal land managed by the Forest Service, comprising approximately 21,965 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Buckhorn Wilderness 16 U.S.C. 1132 Public Law 98–339 (6) Green Mountain Wilderness Certain Federal land managed by the Forest Service, comprising approximately 4,790 acres, as generally depicted on the map, which shall be known as the Green Mountain Wilderness (7) The Brothers Wilderness additions Certain land managed by the Forest Service, comprising approximately 8,625 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the The Brothers Wilderness 16 U.S.C. 1132 Public Law 98–339 (8) Mount Skokomish Wilderness additions Certain land managed by the Forest Service, comprising approximately 8,933 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Mount Skokomish Wilderness 16 U.S.C. 1132 Public Law 98–339 (9) Wonder Mountain Wilderness additions Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Wonder Mountain Wilderness 16 U.S.C. 1132 Public Law 98–339 (10) Moonlight Dome Wilderness Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the Moonlight Dome Wilderness (11) South Quinault Ridge Wilderness Certain Federal land managed by the Forest Service, comprising approximately 10,887 acres, as generally depicted on the map, which shall be known as the South Quinault Ridge Wilderness (12) Colonel Bob Wilderness additions Certain Federal land managed by the Forest Service, comprising approximately 353 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Colonel Bob Wilderness 16 U.S.C. 1132 Public Law 98–339 (13) Sam’s River Wilderness Certain Federal land managed by the Forest Service, comprising approximately 13,418 acres, as generally depicted on the map, which shall be known as the Sam’s River Wilderness (14) Canoe Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the Canoe Creek Wilderness (b) Administration (1) Management Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the Secretary 16 U.S.C. 1131 et seq. (2) Map and description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with— (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Effect Each map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public availability Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. (c) Potential wilderness (1) In general In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 5,346 acres as identified as Potential Wilderness (2) Designation as wilderness On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) have terminated, the potential wilderness shall be— (A) designated as wilderness and as a component of the National Wilderness Preservation System; and (B) incorporated into the adjacent wilderness area. (d) Adjacent management (1) No protective perimeters or buffer zones The designations in this section shall not create a protective perimeter or buffer zone around any wilderness area. (2) Nonconforming uses permitted outside of boundaries of wilderness areas Any activity or use outside of the boundary of any wilderness area designated under this section shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area. (e) Fire, insects, and diseases The Secretary may take such measures as are necessary to control fire, insects, and diseases, in the wilderness areas designated by this section, in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) 4. Wild and scenic river designations (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Elwha River, Washington The approximately 29.0-mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river. (209) Dungeness River, Washington The segment of the Dungeness River from the headwaters to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: (A) The approximately 5.8-mile segment from the headwaters to the 2860 Bridge, as a wild river. (B) The approximately 2.1-mile segment from the 2860 Bridge to Silver Creek, as a scenic river. (C) The approximately 2.7-mile segment from Silver Creek to Sleepy Hollow Creek, as a wild river. (D) The approximately 6.3-mile segment from Sleepy Hollow Creek to the Olympic National Forest boundary, as a scenic river. (E) The approximately 1.9-mile segment from the National Forest boundary to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, as a recreational river. (F) The approximately 16.1-mile segment of the Gray Wolf River from the headwaters to the 2870 Bridge, as a wild river. (G) The approximately 1.1-mile segment of the Gray Wolf River from the 2870 Bridge to the confluence with the Dungeness River, as a scenic river. (210) Big Quilcene River, Washington The segment of the Big Quilcene River from the headwaters to the City of Port Townsend water intake facility, to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 4.4-mile segment from the headwaters to the Buckhorn Wilderness boundary, as a wild river. (B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river. (C) Section 7(a), with respect to the licensing of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works, shall apply to the approximately 5-mile segment from the City of Port Townsend water intake facility to the Olympic National Forest boundary. (211) Dosewallips River, Washington The segment of the Dosewallips River from the headwaters to the private land in T. 26 N., R. 3 W., sec. 15, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 12.9-mile segment from the headwaters to Station Creek, as a wild river. (B) The approximately 6.8-mile segment from Station Creek to the private land in T. 26 N., R. 3 W., sec. 15, as a scenic river. (212) Duckabush River, Washington The segment of the Duckabush River from the headwaters to the private land in T. 25 N., R. 3 W., sec. 1, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 19.0-mile segment from the headwaters to the Brothers Wilderness boundary, as a wild river. (B) The approximately 1.9-mile segment from the Brothers Wilderness boundary to the private land in T. 25 N., R. 3 W., sec. 1, as a scenic river. (213) Hamma Hamma River, Washington The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW 1/4 (A) The approximately 3.1-mile segment from the headwaters to the Mt. Skokomish Wilderness boundary, as a wild river. (B) The approximately 5.8-mile segment from the Mt. Skokomish wilderness boundary to Lena Creek, as a scenic river. (C) The approximately 6.8-mile segment from Lena Creek to the eastern edge of the NW 1/4 (214) South Fork Skokomish River, Washington The segment of the South Fork Skokomish River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 6.7-mile segment from the headwaters to Rule Creek, as a wild river. (B) The approximately 8.3-mile segment from Rule Creek to LeBar Creek, as a scenic river. (C) The approximately 4.0-mile segment from LeBar Creek to upper end of gorge in the NW 1/4 (D) The approximately 6.0-mile segment from the upper end of the gorge to the Olympic National Forest boundary, as a scenic river. (215) Middle Fork Satsop River, Washington The approximately 7.9-mile segment of the Middle Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. (216) West Fork Satsop River, Washington The approximately 8.2-mile segment of the West Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. (217) Wynoochee River, Washington The segment of the Wynoochee River from the headwaters to Clark Creek to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 1.7-mile segment from the headwaters to the boundary of the Wonder Mountain Wilderness, as a wild river. (B) The approximately 8.2-mile segment from the boundary of the Wonder Mountain Wilderness to the head of Wynoochee Reservoir, as a recreational river. (218) East Fork Humptulips River, Washington The segment of the East Fork Humptulips River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 7.4-mile segment from the headwaters to the Moonlight Dome wilderness boundary, as a wild river. (B) The approximately 10.3-mile segment from the Moonlight Dome wilderness boundary to the Olympic National Forest boundary, as a scenic river. (219) West Fork Humptulips River, Washington The approximately 21.4-mile segment of the West Fork Humptulips River from the source to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river. (220) Quinault River, Washington The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. 33, to be administered by the Secretary of the Interior, in the following classes: (A) The approximately 16.5-mile segment from the headwaters to Graves Creek, as a wild river. (B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. (C) The approximately 1.0-mile segment from Cannings Creek to private land in T. 24 N., R. 8 W., sec. 33, as a recreational river. (221) Queets River, Washington The segment of the Queets River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, except that portions of the river outside the boundaries of Olympic National Park shall be administered by the Secretary of Agriculture, including the following segments of the mainstem and certain tributaries in the following classes: (A) The approximately 28.6-mile segment of the Queets River from the headwaters to the confluence with Sams River, as a wild river. (B) The approximately 16.0-mile segment of the Queets River from the confluence with Sams River to the Olympic National Park boundary, as a scenic river. (C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river. (D) The approximately 17.7-mile segment of Matheny Creek from the headwaters to the confluence with the Queets River, as a scenic river. (222) Hoh River, Washington The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes: (A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river. (B) The approximately 6.0-mile segment of the Hoh River from Jackson Creek to the Olympic National Park boundary, as a scenic river. (C) The approximately 13.8-mile segment of the South Fork Hoh River from the headwaters to the National Park boundary, as a wild river. (D) The approximately 4.6-mile segment of the South Fork Hoh River from the National Park boundary to the Washington State Department of Natural Resources boundary in T. 27 N., R. 10 W., sec. 29, as a recreational river. (223) Bogachiel River, Washington The approximately 25.6-mile segment of the Bogachiel River from the source to the Olympic National Park boundary, to be administered by the Secretary of the Interior, as a wild river. (224) South Fork Calawah River, Washington The segment of the South Fork Calawah River and the major tributary Sitkum River from the headwaters to Hyas Creek to be administered by the Secretary of Agriculture, except those portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, including the following segments in the following classes: (A) The approximately 15.7-mile segment of the South Fork Calawah River from the headwaters to the Sitkum River, as a wild river. (B) The approximately 0.9-mile segment of the South Fork Calawah River from the Sitkum River to Hyas Creek, as a scenic river. (C) The approximately 1.6-mile segment of the Sitkum River from the source to the Rugged Ridge Wilderness boundary, as a wild river. (D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river. (225) Sol Duc River, Washington The segment of the Sol Duc River from the headwaters to the Olympic National Park boundary, including the following segments of the mainstem and certain tributaries in the following classes: (A) The approximately 7.0-mile segment of the Sol Duc River from the headwaters to the end of Sol Duc Hot Springs Road, as a wild river. (B) The approximately 10.8-mile segment of the Sol Duc River from the end of Sol Duc Hot Springs Road to the Olympic National Park boundary, as a scenic river. (C) The approximately 13.8-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river. (D) The approximately 0.2-mile segment of the North Fork Sol Duc River from the Olympic Hot Springs Road bridge to the confluence with the Sol Duc River, as a scenic river. (E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. (226) Lyre River, Washington The approximately 0.2-mile segment of the Lyre River from Crescent Lake to the Olympic National Park boundary, to be administered by the Secretary of the Interior as a scenic river. . (b) Effect The amendment made by subsection (a) does not affect valid existing water rights. 5. Existing rights and withdrawal (a) In general In accordance with section 12(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1283(b) (b) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by this Act and the amendment made by section 4(a) is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. 6. Treaty rights Nothing in this Act alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian tribe with hunting, fishing, gathering, and cultural or religious rights in the Olympic National Forest as protected by a treaty.

Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014

Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 - Amends federal veterans provisions to revise or add provisions concerning medical services and other benefits provided to veterans and/or their dependents through the Department of Veterans Affairs (VA) relating to the following areas: survivor and dependent matters, including benefits for children of certain veterans born with spina bifida; education matters, including the approval of courses for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs; the expansion and extension of certain health care benefits, including immunizations, chiropractic care, treatment for traumatic brain injury, and wellness promotion; health care administration, including extension of the Department of Veterans Affairs Health Professional Scholarship Program; complementary and alternative medicine; mental health care, including an education program and peer support program for family members and caregivers of veterans with mental health disorders; dental care eligibility and expansion, including a program of education to promote dental health in veterans; health care related to sexual trauma, including appropriate counseling and treatment and a screening mechanism to detect incidents of domestic abuse; reproductive treatment and services, including fertility counseling as well as adoption assistance for severely wounded veterans; major medical facility leases; veterans' employment training and related services; veterans' employment, including within the federal government and as first responders; career transition services; employment and reemployment rights of members of the Armed Forces after active duty service; small business matters, including contracting and subcontracting participation goals with federal departments and agencies; administrative matters, including regional support centers for Veterans Integrated Service Networks; the revision of claims based on military sexual trauma as well as claims for dependency and indemnity compensation; jurisdictional matters, including with respect to the Board of Veterans' Appeals and the Court of Appeals for Veterans Claims; and outreach and miscellaneous matters, including repeal of 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.

113 S1950 PCS: Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 U.S. Senate 2014-01-27 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 Calendar No. 297 113th CONGRESS 2d Session S. 1950 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Sanders January 27, 2014 Read the second time and placed on the calendar A BILL To improve the provision of medical services and benefits to veterans, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. Sec. 3. Budgetary effects. TITLE I—Survivor and Dependent Matters Sec. 101. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children. Sec. 102. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55. Sec. 103. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension. Sec. 104. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment. Sec. 105. Expansion of Marine Gunnery Sergeant John David Fry Scholarship. Sec. 106. Expansion of Yellow Ribbon G.I. Education Enhancement Program. Sec. 107. Benefits for children of certain Thailand service veterans born with spina bifida. Sec. 108. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida. Sec. 109. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces. Sec. 110. Program evaluation on survivors' and dependents' educational assistance authorities. TITLE II—Education Matters Sec. 201. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans. Sec. 202. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs. Sec. 203. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill. Sec. 204. Review of utilization of educational assistance to pursue programs of training on the job and participating employers. Sec. 205. Report on debt management and collection. Sec. 206. Restoration of prior reporting fee multipliers. TITLE III—Health Care Matters Subtitle A—Expansion and Improvements of Benefits Generally Sec. 301. Enhancement of nature of eligibility for care of certain veterans. Sec. 302. Requirement for enrollment in patient enrollment system of the Department of Veterans Affairs of certain veterans eligible for enrollment by law but not currently permitted to enroll. Sec. 303. Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war. Sec. 304. Extension to all veterans with a serious service-connected disability of eligibility for participation in family caregiver program. Sec. 305. Improved access to appropriate immunizations for veterans. Sec. 306. Expansion of provision of chiropractic care and services to veterans. Sec. 307. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water. Sec. 308. Expansion of emergency treatment reimbursement for certain veterans. Sec. 309. Relocation and restatement of limitation on requirements to furnish certain care and services contingent on the availability of appropriations. Sec. 310. Modification of determination of eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs. Sec. 311. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report. Sec. 312. Coverage of costs of care for veterans at medical foster homes. Sec. 313. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury. Sec. 314. Program on health promotion for overweight and obese veterans through support of fitness center memberships. Sec. 315. Program on health promotion for veterans through establishment of Department of Veterans Affairs fitness facilities. Subtitle B—Health Care Administration Sec. 321. Extension of Department of Veterans Affairs Health Professional Scholarship Program. Sec. 322. Expansion of availability of prosthetic and orthotic care for veterans. Sec. 323. Contracting for health care. Sec. 324. Limitation on expansion of dialysis pilot program. Sec. 325. Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department. Sec. 326. Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs. Sec. 327. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs. Sec. 328. Report on provision of telemedicine services. Sec. 329. Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center. Subtitle C—Complementary and Alternative Medicine Sec. 331. Expansion of research and education on and delivery of complementary and alternative medicine to veterans. Sec. 332. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers. Sec. 333. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. Sec. 334. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans. Subtitle D—Mental Health Care Sec. 341. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs. Sec. 342. Education program and peer support program for family members and caregivers of veterans with mental health disorders. Sec. 343. Report on provision of mental health services for families of certain veterans at facilities of the Department. Sec. 344. Annual report on community mental health partnership pilot program. Subtitle E—Dental care eligibility expansion and enhancement Sec. 351. Restorative dental services for veterans. Sec. 352. Pilot program on expansion of furnishing of dental care to all enrolled veterans. Sec. 353. Program on education to promote dental health in veterans. Sec. 354. Information on dental services for inclusion in electronic medical records under dental insurance pilot program. Sec. 355. Authorization of appropriations. Subtitle F—Health care related to sexual trauma Sec. 361. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training. Sec. 362. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces. Sec. 363. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse. Sec. 364. Reports on military sexual trauma and domestic abuse. Subtitle G—Reproductive treatment and services Sec. 371. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services. Sec. 372. Reproductive treatment and care for spouses and surrogates of veterans. Sec. 373. Adoption assistance for severely wounded veterans. Sec. 374. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs. Sec. 375. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment. Sec. 376. Facilitation of reproduction and infertility research. Sec. 377. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs. Sec. 378. Program on assistance for child care for certain veterans. Sec. 379. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces. Subtitle H—Major medical facility leases Sec. 381. Authorization of major medical facility leases. Sec. 382. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. TITLE IV—Employment and Related Matters Subtitle A—Training and other services for veterans seeking employment Sec. 401. Reauthorization of veterans retraining assistance program. Sec. 402. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses. Sec. 403. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law. Sec. 404. Unified employment portal for veterans. Sec. 405. Report on unified Government Internet portal for veterans on jobs available through the Federal Government. Sec. 406. Information on disability-related employment and education protections in Transition Assistance Program. Subtitle B—Employment of veterans and recognition of veteran status with respect to employment related matters Sec. 411. Employment of veterans with the Federal Government. Sec. 412. State recognition of military experience of veterans in issuing licenses and credentials to veterans. Sec. 413. Grants to hire veterans as first responders. Sec. 414. Employment of veterans as evaluation factor in the awarding of Federal contracts. Sec. 415. Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market. Subtitle C—Program on Career Transition Sec. 421. Program on provision of career transition services to young veterans. Subtitle D—Improving employment and reemployment rights of members of the uniformed services Sec. 431. Enforcement of rights of members of uniformed services with respect to States and private employers. Sec. 432. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services. Sec. 433. Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies. Sec. 434. Issuance and service of civil investigative demands by Attorney General. Subtitle E—Small Business Matters Sec. 441. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans. Sec. 442. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners. Sec. 443. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences. Sec. 444. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States. Sec. 445. Report on assistance for veterans in obtaining training on purchasing and operating a franchise. TITLE V—Accountability and Administrative Improvements Sec. 501. Administration of Veterans Integrated Service Networks. Sec. 502. Regional support centers for Veterans Integrated Service Networks. Sec. 503. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities. Sec. 504. Advance appropriations for certain accounts of the Department of Veterans Affairs. Sec. 505. Public access to Department of Veterans Affairs research and data sharing between Departments. Sec. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration. Sec. 507. Comptroller general report on advisory committees of the Department of Veterans Affairs. TITLE VI—Improvement of Processing of Claims for Compensation Subtitle A—Claims Based on Military Sexual Trauma Sec. 601. Medical examination and opinion for disability compensation claims based on military sexual trauma. Sec. 602. Case representative officers for military sexual trauma support. Sec. 603. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma. Sec. 604. Reports on claims for disabilities incurred or aggravated by military sexual trauma. Subtitle B—Claims for dependency and indemnity compensation Sec. 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims. Sec. 612. Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children. Subtitle C—Agency of Original Jurisdiction Sec. 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment. Sec. 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators. Sec. 623. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies. Sec. 624. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs. Sec. 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs. Sec. 626. Department of Veterans Affairs notice of average times for processing compensation claims. Sec. 627. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated. Sec. 628. Reports on use of existing authorities to expedite benefits decisions. Sec. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations. Subtitle D—Board of Veterans' Appeals and Court of Appeals for Veterans Claims Sec. 631. Treatment of certain misfiled documents as a notice of appeal to the Court of Appeals for Veterans Claims. Sec. 632. Determination of manner of appearance for hearings before Board of Veterans' Appeals. TITLE VII—Outreach Matters Sec. 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local agencies and nonprofit organizations. Sec. 702. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities. Sec. 703. Advisory committee on outreach activities of Department of Veterans Affairs. Sec. 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care. Sec. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs. Sec. 706. Budget transparency for outreach activities of Department of Veterans Affairs. TITLE VIII—Other Matters Sec. 801. Repeal of reductions made by Bipartisan Budget Act of 2013. Sec. 802. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension. Sec. 803. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities. Sec. 804. Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans. Sec. 805. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans. Sec. 806. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders. Sec. 807. Authority to issue Veterans ID Cards. Sec. 808. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces. Sec. 809. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of Treasury and Commissioner of Social Security for income verification purposes. Sec. 810. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans. Sec. 811. Review of determination of certain service in Philippines during World War II. Sec. 812. Review of determination of certain service of merchant mariners during World War II. Sec. 813. Report on Laotian military support of Armed Forces of the United States during Vietnam War. Sec. 814. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss. Sec. 815. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans. Sec. 816. Limitation on aggregate amount of bonuses payable to personnel of the Department of Veterans Affairs during fiscal year 2014. 2. References to title 38, United States 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 title 38, United States Code. 3. Budgetary effects (a) Paygo scorecard The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) (b) Senate paygo scorecard The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). I Survivor and Dependent Matters 101. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children (a) In general Section 1311(f)(2) two-year three-year (b) Effective date The amendment made by subsection (a) shall take effect as of September 30, 2014, and shall apply to any surviving spouse who was eligible for or in receipt of benefits under section 1311(f) 102. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55 (a) In general Paragraph (2)(B) of section 103(d) (B) The remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. . (b) Conforming amendment Paragraph (5) of such section is amended by striking Paragraphs (2)(A) Paragraphs (2) (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 103. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension Section 1541(f)(1)(E) January 1, 2001 the date that is 10 years and one day after the date on which the Persian Gulf War was terminated, as prescribed by Presidential proclamation or by law 104. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment Section 5110(l) , or of an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce, 105. Expansion of Marine Gunnery Sergeant John David Fry Scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 or spouse child (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 . (c) Conforming amendment Section 3321(b)(4) (1) by striking an individual a child (2) by striking such individual’s such child’s (d) Effective date The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act. 106. Expansion of Yellow Ribbon G.I. Education Enhancement Program (a) In general Section 3317(a) in paragraphs (1) and (2) in paragraphs (1), (2), and (9) (b) Effective date The amendment made by subsection (a) shall apply with respect to academic terms beginning after July 1, 2015. 107. Benefits for children of certain Thailand service veterans born with spina bifida (a) In general Subchapter III of chapter 18 1822. Benefits for children of certain Thailand service veterans born with spina bifida (a) Benefits authorized The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. (b) Spina bifida conditions covered This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. (c) Veteran of covered service in Thailand For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who— (1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and (2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand. (d) Herbicide agent For purposes of this section, the term herbicide agent . (b) Conforming amendment to definition of child Section 1831(1) (1) in subparagraph (B)— (A) by striking subchapter III of this chapter section 1821 of this title (B) in clause (i), by striking section 1821 of this title that section (2) by adding at the end the following new subparagraph: (C) For purposes of section 1822 (i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section. . (c) Clerical amendments (1) Subchapter heading The heading for subchapter III of chapter 18 and Thailand Korea (2) Table of sections The table of sections at the beginning of chapter 18 (A) by striking the item relating to subchapter III and inserting the following new item: Subchapter III—Children of certain Korea and Thailand service veterans born with spina bifida ; and (B) by inserting after the item relating to section 1821 the following new item: 1822. Benefits for children of certain Thailand service veterans born with spina bifida. . (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 108. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida (a) Program Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of providing assisted living, group home care, or similar services in lieu of nursing home care to covered individuals. (b) Covered individuals For purposes of this section, a covered individual is any individual who is entitled to health care under subchapter I or III of chapter 18 (c) Duration (1) In general Except as otherwise provided in this subsection, the program shall be carried out during the three-year period beginning on the date of the commencement of the program. (2) Continuation Subject to paragraph (3), the Secretary may continue the program for an additional two-year period as the Secretary considers appropriate. (3) Termination The program may not operate after the date that is five years after the date of the commencement of the program. (d) Scope of services and program Under the program, the Secretary shall provide covered individuals with integrated, comprehensive services, including the following: (1) Assisted living, group home care, or such other similar services as the Secretary considers appropriate. (2) Transportation services. (3) Such other services as the Secretary considers appropriate for the care of covered individuals under the program. (e) Program requirements In carrying out the program, the Secretary shall— (1) inform all covered individuals of the services available under the program; (2) enter into agreements with appropriate providers of assisted living, group home care, or other similar services for provision of services under the program; and (3) determine the appropriate number of covered individuals to be enrolled in the program and criteria for such enrollment. (f) Reports (1) Preliminary reports (A) In general Not later than one year after the date of the commencement of the program and, if the program is continued under subsection (c)(2), not later than three years after the date of the commencement of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the program. (ii) The number of covered individuals receiving benefits under the program. (iii) An analysis that compares the costs of furnishing assisted living, group home care, or similar service with the costs of furnishing nursing home care. (iv) An analysis of the costs and benefits under the program. (v) The findings and conclusions of the Secretary with respect to the program. (vi) Such recommendations for the continuation or expansion of the program as the Secretary may have. (2) Final report (A) In general Not later than 180 days after the completion of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program. (ii) Such recommendations for the continuation or expansion of the program as the Secretary may have. (g) Funding Amounts to carry out the program shall be derived from amounts appropriated or otherwise made available for the furnishing of nursing home care under chapter 18 (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 109. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces (a) Program required (1) In general Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out, through the Readjustment Counseling Service of the Veterans Health Administration, a program to assess the feasibility and advisability of providing grief counseling services described in subsection (b) in group retreat settings to surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces who would, as determined by the Readjustment Counseling Service, benefit from the services provided under the program. (2) Participation at election of surviving spouse The participation of a surviving spouse in the program under this section shall be at the election of the surviving spouse. (b) Covered services The services provided to a surviving spouse under the program shall include the following: (1) Information and counseling on coping with grief. (2) Information about benefits and services available to surviving spouses under laws administered by the Secretary. (3) Such other information and counseling as the Secretary considers appropriate to assist a surviving spouse under the program with adjusting to the death of a spouse. (c) Events The Secretary shall carry out the program at not fewer than six events as follows: (1) Three events at which surviving spouses with dependent children are encouraged to bring their children. (2) Three events at which surviving spouses with dependent children are not encouraged to bring their children. (d) Duration The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (e) Reports (1) In general Not later than 180 days after the completion of the first year of the program and not later than 180 days after the completion of the program, the Secretary shall submit to Congress a report on the program. (2) Contents Each report submitted under paragraph (1) shall contain the findings and conclusions of the Secretary as a result of the program, and shall include such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (f) Definitions In this section, the terms active duty Armed Forces surviving spouse section 101 (g) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 110. Program evaluation on survivors' and dependents' educational assistance authorities (a) In general The Secretary of Veterans Affairs shall enter into a contract with an appropriate private sector entity to conduct a program evaluation of the authorities for survivors' and dependents' educational assistance under chapter 35 (b) Report Not later than six months after the entry into the contract required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the results of the program evaluation conducted pursuant to the contract, together with such comments on the results of the program evaluation as the Secretary considers appropriate. (c) Effective date This section shall take effect one year after the date of the enactment of this Act. II Education Matters 201. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans (a) In general Section 3679 (c) (1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence. (2) For purposes of this subsection, a covered individual is any individual as follows: (A) A veteran who was discharged or released from a period of not fewer than 90 days of service in the active military, naval, or air service less than three years before the date of enrollment in the course concerned. (B) An individual who is entitled to assistance under section 3311(b)(9) 3319 (3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A) or (2)(B) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1). (4) It shall not be grounds to disapprove a course of education under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be charged tuition and fees for that course at a rate that is equal to or less than the rate the institution charges for tuition and fees for that course for residents of the State. (5) The Secretary may waive such requirements of paragraph (1) as the Secretary considers appropriate. (6) Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30 and 33 of this title. . (b) Effective date Subsection (c) of section 3679 202. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs (a) Extension of expiring current authority Section 3485(a)(4) June 30, 2013 June 30, 2015 (b) Expansion to outreach services provided through congressional offices Such section is further amended by adding at the end the following new subparagraph: (K) During the period beginning on June 30, 2013, and ending on June 30, 2015, the following activities carried out at the offices of Members of Congress for such Members: (i) The distribution of information to members of the Armed Forces, veterans, and their dependents about the benefits and services under laws administered by the Secretary and other appropriate governmental and nongovernmental programs. (ii) The preparation and processing of papers and other documents, including documents to assist in the preparation and presentation of claims for benefits under laws administered by the Secretary. . (c) Annual reports (1) In general Not later than June 30 of 2014 and 2015, the Secretary of Veterans Affairs shall submit to Congress a report on the work-study allowances paid under paragraph (1) of section 3485(a) (2) Contents Each report submitted under paragraph (1) shall include, for the year covered by such report, the following: (A) A description of the recipients of such work-study allowances. (B) A list of the locations where qualifying work-study activities were carried out. (C) A description of the outreach conducted by the Secretary to increase awareness of the eligibility of such work-study activities for such work-study allowances. 203. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill (a) In general Subchapter II of chapter 36 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill (a) Prohibition (1) No person may, except with the written permission of the Secretary, use the words and phrases covered by this subsection in connection with any promotion, goods, services, or commercial activity in a manner that reasonably and falsely suggests that such use is approved, endorsed, or authorized by the Department or any component thereof. (2) For purposes of this subsection, the words and phrases covered by this subsection are as follows: (A) GI Bill (B) Post-9/11 GI Bill (3) A determination that a use of one or more words and phrases covered by this subsection in connection with a promotion, goods, services, or commercial activity is not a violation of this subsection may not be made solely on the ground that such promotion, goods, services, or commercial activity includes a disclaimer of affiliation with the Department or any component thereof. (b) Enforcement by Attorney General (1) When any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. (2) Such court may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. . (b) Clerical amendment The table of sections at the beginning of chapter 36 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill. . 204. Review of utilization of educational assistance to pursue programs of training on the job and participating employers (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a review of— (1) the utilization of educational assistance under laws administered by the Secretary of Veterans Affairs to pursue programs of training on the job (other than programs of apprenticeship); and (2) the availability of such programs to individuals seeking to pursue such programs with such educational assistance. (b) Report (1) In general Not later than two years after the date on which the Secretary commences the review required by subsection (a), the Secretary shall submit to Congress a report on such review. (2) Contents The report required by paragraph (1) shall include the following: (A) The extent of utilization as described in paragraph (1) of subsection (a). (B) An assessment of the availability of programs as described in paragraph (2) of such subsection. (C) A description of any barriers the Secretary has identified to greater utilization of educational assistance for pursuit of a program of training on the job or availability of such programs. (D) Such recommendations for legislative or administrative action as the Secretary may have to increase or decrease such utilization or availability. (E) Such other matters as the Secretary considers appropriate. 205. Report on debt management and collection (a) Report Not later than one year after the effective date specified in subsection (c), the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on processes used by the Department of Veterans Affairs to identify and resolve cases of incorrect payments associated with educational assistance under chapters 30 and 33 of title 38, United States Code. (b) Issues addressed The report required by subsection (a) shall, to the extent possible, address the following: (1) The effectiveness of the processes referred to in subsection (a) in identifying and resolving incorrect payments associated with educational assistance under chapters 30 and 33 of title 38, United States Code. (2) The accuracy of overpayment information provided to veterans by the Education Service and Debt Management Center of the Department. (3) How well the Debt Management Center of the Department communicates and works with veterans to resolve disputed debt amounts. (4) How the payment and debt collection processes of the Department compare to comparable programs in other Federal agencies. (5) Any recommendations to improve the payment and debt collection processes of the Department that the Comptroller General considers appropriate. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 206. Restoration of prior reporting fee multipliers Section 3684(c) (1) by striking $12 $7 (2) by striking $15 $11 III Health Care Matters A Expansion and Improvements of Benefits Generally 301. Enhancement of nature of eligibility for care of certain veterans (a) Nursing home care for category 2 through 6 veterans Paragraph (2) of section 1710(a) and medical services, and may furnish nursing home care , medical services, and nursing home care (b) Care for category 8 veterans Paragraph (3) of such section is amended by striking may, to the extent resources and facilities are available and shall, 302. Requirement for enrollment in patient enrollment system of the Department of Veterans Affairs of certain veterans eligible for enrollment by law but not currently permitted to enroll (a) Requirement for enrollment Section 1705 (d) (1) The Secretary shall provide for the enrollment in the patient enrollment system of veterans specified in paragraph (2) by not later than December 31, 2014. (2) Veterans specified in this paragraph are as follows: (A) Veterans with noncompensable service-connected disabilities rated as zero percent disabling who— (i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 (B) Veterans without service-connected disability who— (i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act. (3) A veteran who, after enrolling in the patient enrollment system pursuant to this subsection, obtains access to health insurance other than through a health exchange shall remain enrolled in the patient enrollment system notwithstanding obtaining access to such health insurance. (4) A veteran enrolled in the patient enrollment system pursuant to this subsection shall maintain the priority for care of the veteran at the time of enrollment unless and until a change in circumstances of the veteran results in a higher priority for care of the veteran under subsection (a). . (b) Verification of eligibility for enrollment (1) Use of information on health insurance coverage (A) In general Chapter 53 5319. Review of reporting of health insurance coverage The Secretary shall notify each veteran who enrolls under subsection (d) of section 1705 section 6103( l . (B) Clerical amendment The table of sections at the beginning of chapter 53 5319. Review of reporting of health insurance coverage. . (2) Disclosure of return information by Internal Revenue Service Section 6103( l (23) Disclosure of certain return information for verification of eligibility of veterans for enrollment in Department of Veterans Affairs patient enrollment system (A) Return information from Internal Revenue Service The Secretary shall, upon written request, disclose current return information from returns under section 6055 with respect to minimum essential coverage of individuals to the Secretary of Veterans Affairs for the purposes of verifying the eligibility of veterans for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(d) (B) Restriction on disclosure The Secretary shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, verifying the eligibility of veterans to enroll in the patient enrollment system described in that subparagraph. (C) Restriction on use of disclosed information Return information disclosed under subparagraph (A) may be used by the Secretary of Veterans Affairs only for the purposes of, and to the extent necessary in, verifying the eligibility of veterans to enroll in the patient enrollment system described in that subparagraph. . (c) Public notice of commencement of enrollment The Secretary of Veterans Affairs shall publish in the Federal Register, and shall make available to the public on an Internet website of the Department of Veterans Affairs, a notice regarding the date on which veterans covered by subsection (d) of section 1705 303. Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war Section 1710(e)(3) (1) in subparagraph (A), by striking the date that is five years before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, after a period of five years January 27, 2003, after a period of 10 years (2) in subparagraph (B), by striking more than five years before January 28, 2003, and who did not enroll in the patient enrollment system under section 1705 304. Extension to all veterans with a serious service-connected disability of eligibility for participation in family caregiver program Section 1720G(a)(2)(B) on or after September 11, 2001 305. Improved access to appropriate immunizations for veterans (a) Inclusion of recommended adult immunizations as medical services (1) Covered benefit Subparagraph (F) of section 1701(9) (F) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule; . (2) Recommended adult immunization schedule defined Section 1701 (10) The term recommended adult immunization schedule . (b) Inclusion of recommended adult immunizations in annual report Section 1704(1)(A) (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by inserting after clause (ii) the following new clause: (iii) to provide veterans each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. . (c) Report to Congress (1) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the development and implementation by the Department of Veterans Affairs of quality measures and metrics, including targets for compliance, to ensure that veterans receiving medical services under chapter 17 (2) Recommended adult immunization schedule defined In this subsection, the term recommended adult immunization schedule section 1701(10) (3) Effective date This subsection shall take effect on the date that is one year after the date of the enactment of this Act. 306. Expansion of provision of chiropractic care and services to veterans (a) Program for provision of chiropractic care and services to veterans Section 204(c) of the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 ( Public Law 107–135 38 U.S.C. 1710 (1) by inserting (1) The program (2) by adding at the end the following new paragraph: (2) The program shall be carried out at not fewer than two medical centers or clinics in each Veterans Integrated Service Network by not later than one year after the effective date specified in section 306(c) of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 . (b) Expanded chiropractor services available to veterans (1) Medical services Paragraph (6) of section 1701 (H) Chiropractic services. . (2) Rehabilitative services Paragraph (8) of such section is amended by inserting chiropractic, counseling, (3) Preventive health services Paragraph (9) of such section is amended— (A) by redesignating subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively; and (B) by inserting after subparagraph (E) the following new subparagraph (F): (F) periodic and preventive chiropractic examinations and services; . (c) Effective date This section and the amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 307. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water (a) Modification Section 1710(e)(1)(F) January 1, 1957, August 1, 1953 (or such earlier date for the commencement of exposure to contaminated water at Camp Lejeune as the Secretary, in consultation with the Agency for Toxic Substances and Disease Registry, shall specify), (b) Publication The Secretary of Veterans Affairs shall publish in the Federal Register a notice of any earlier date for the commencement of exposure to contaminated water at Camp Lejeune, North Carolina, for purposes of section 1710(e)(1)(F) 308. Expansion of emergency treatment reimbursement for certain veterans (a) In general Section 1725(b)(2)(B) (1) by inserting (i) (B) (2) by striking the period at the end and inserting ; or (3) by adding at the end the following: (ii) the veteran was unable to receive care under this chapter within such 24-month period because of a waiting period imposed by the Department with respect to a new patient examination of such veteran. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 309. Relocation and restatement of limitation on requirements to furnish certain care and services contingent on the availability of appropriations (a) Relocation and restatement Section 1707 (c) (1) The requirements specified in paragraph (2) shall be effective in any fiscal year only to the extent and in the amount provided in advance in appropriations Acts for such purposes. (2) The requirements specified in this paragraph are as follows: (A) The requirement in paragraphs (1), (2), and (3) of section 1710(a) (B) The requirement in section 1710A(a) (C) The requirement in section 1710B (D) The requirement in section 1745 . (b) Conforming repeal of superseded limitation Section 1710(a) (1) by striking paragraph (4); and (2) by redesignating paragraph (5) as paragraph (4). 310. Modification of determination of eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs (a) Areas of residence The Secretary of Veterans Affairs shall modify the areas in which veterans reside as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(a)(7) (1) Any area so specified shall be within only one State. (2) Any area so specified shall be co-extensive with one or more counties (or similar political subdivisions) in the State concerned. (b) Variable income thresholds The Secretary shall modify the thresholds for income as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system referred to in subsection (a) to meet the requirements as follows: (1) There shall be one income threshold for each State, equal to the highest income threshold among the counties within such State. (2) The calculation of the highest income threshold of a county shall be consistent with the calculation used for purposes of section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) (3) The timing and methodology for implementing any modifications in geographic income thresholds pursuant to paragraph (1) shall be determined by the Secretary in such a manner as to permit the Department to build capacity for enrolling such additional veterans in the patient enrollment system of the Department as become eligible for enrollment as a result of such modifications, except that all required modifications shall be completed not later than five years after date of the enactment of this Act. 311. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report (a) Extension of sunset date Subsection (a)(2) of section 111A December 31, 2014 September 30, 2015 (b) Funding available Such section is further amended by adding at the end the following new subsection: (c) Funding There is hereby authorized to be appropriated for each of fiscal years 2014 and 2015 for the Department, $4,000,000 to carry out this section. . (c) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on— (1) the efforts of the Secretary to carry out the transportation services required by section 111A(a) (2) the utilization of those services by covered veterans; and (3) the feasibility and advisability of the continuation of the provision of such services after September 30, 2015. 312. Coverage of costs of care for veterans at medical foster homes (a) In general In conducting the medical foster home program pursuant to section 17.73 (b) Effective date Subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 313. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury (a) Extension of program Subsection (a) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C a five-year an eight-year (b) Modification of locations Subsection (b) of such section is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following new paragraphs: (1) In general The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. (2) Located in same region as polytrauma centers Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs. . (c) Modification of report requirements Subsection (e) of such section is amended to read as follows: (e) Reports (1) Annual report (A) In general Not later than two years after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the pilot program during the year preceding the submission of the report. (ii) The number of individuals that successfully completed the pilot program during the year preceding the submission of the report. (iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. (iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. (2) Final report (A) In general Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report on the pilot program. (B) Elements The final report required by subparagraph (A) shall include the following: (i) A description of the pilot program. (ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury. (iii) Such recommendations as the Secretary considers appropriate regarding improving the pilot program. . (d) Modification of definitions (1) Community-based brain injury residential rehabilitative care services Such section is further amended— (A) in the section heading, by striking assisted living community-based brain injury residential rehabilitative care (B) in subsection (c), in the subsection heading, by striking assisted living community-based brain injury residential rehabilitative care (C) by striking assisted living community-based brain injury rehabilitative care (D) in subsection (f)(1), by striking and personal care rehabilitation, and personal care (2) Eligible veteran Subsection (f)(3) of such section is amended— (A) in subparagraph (C), by striking ; and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (E) has a traumatic brain injury that is classified as complex-mild to severe. . (e) Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $46,000,000 to carry out the pilot program under section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C (f) Effective date The amendments made by this section shall take effect on October 1, 2014. 314. Program on health promotion for overweight and obese veterans through support of fitness center memberships (a) Program required Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall, through the National Center for Preventive Health, carry out a program to assess the feasibility and advisability of promoting health in covered veterans, including achieving a healthy weight and reducing risks of chronic disease, through support for fitness center membership. (b) Covered veterans For purposes of this section, a covered veteran is any veteran who— (1) is enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 (2) is determined by a clinician of the Department of Veterans Affairs to be overweight or obese as of the date of the commencement of the program; and (3) resides in a location that is more than 15 minutes driving distance from a fitness center at a facility of the Department that would otherwise be available to the veteran for at least eight hours per day during five or more days per week. (c) Duration of program The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (d) Locations (1) In general In carrying out the program, the Secretary shall select— (A) not less than five medical centers of the Department at which the Secretary shall cover the full reasonable cost of a fitness center membership for covered veterans within the catchment area of such centers; and (B) not less than five medical centers of the Department at which the Secretary shall cover half the reasonable cost of a fitness center membership for covered veterans within the catchment area of such centers. (2) Considerations In selecting locations for the program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas in different geographic locations. (e) Participation (1) Maximum number of participants The number of covered veterans who may participate in the program at each location selected under subsection (d) may not exceed 100. (2) Voluntary participation The participation of a covered veteran in the program shall be at the election of the covered veteran in consultation with a clinician of the Department. (f) Membership payment (1) In general Except as provided in paragraph (2), in carrying out the program, the Secretary shall pay the following: (A) The full reasonable cost of a fitness center membership for covered veterans within the catchment area of centers selected under subsection (d)(1)(A) who are participating in the program. (B) Half the reasonable cost of a fitness center membership for covered veterans within the catchment area of centers selected under subsection (d)(1)(B) who are participating in the program. (2) Limitation Payment for a fitness center membership of a covered veteran may not exceed $50 per month of membership. (g) Reports (1) Periodic reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on activities carried out to implement the program, including outreach activities to veterans and community organizations. (2) Final report Not later than 180 days after the date of the completion of the program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program detailing— (A) the findings and conclusions of the Secretary as a result of the program; and (B) recommendations for the continuation or expansion of the program. (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 315. Program on health promotion for veterans through establishment of Department of Veterans Affairs fitness facilities (a) Program required Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of promoting health in covered veterans, including achieving a healthy weight, through establishment of Department of Veterans Affairs fitness facilities. (b) Covered veterans For purposes of this section, a covered veteran is any veteran who is enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 (c) Duration of program The program shall be carried out during the three-year period beginning on the date of the commencement of the program. (d) Locations (1) In general The Secretary shall carry out the program by establishing fitness facilities in Department facilities as follows: (A) In not fewer than five Department of Veterans Affairs medical centers selected by the Secretary for purposes of the program. (B) In not fewer than five outpatient clinics of the Department selected by the Secretary for purposes of the program. (2) Considerations In selecting locations for the program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas in different geographic locations. (e) Limitation on expenses In establishing and supporting a fitness facility in a facility of the Department under the program, the Secretary may expend amounts as follows: (1) For establishment and support of a fitness facility in a Department of Veterans Affairs medical center, not more than $60,000. (2) For establishment and support of a fitness facility in an outpatient clinic of the Department, not more than $40,000. (f) Repurposing of physical space and purchases of equipment (1) In general Subject to subsection (e), the Secretary may, in carrying out the program, repurpose existing physical space of the Department and purchase such fitness equipment and supplies as the Secretary considers appropriate for purposes of the program. (2) Repurposing exception Existing physical space used for the direct delivery of health care to patients may not be repurposed under paragraph (1). (g) Prohibition on assessment of user fees The Secretary may not assess a fee upon a covered veteran for use of a fitness facility established under the program. (h) Voluntary participation The participation of a covered veteran in the program shall be at the election of the covered veteran. (i) Reports (1) Periodic reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on activities carried out to implement the program, including outreach activities to veterans and community organizations. (2) Final report Not later than 180 days after the date of the completion of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the program detailing— (A) the findings and conclusions of the Secretary as a result of the program; and (B) recommendations for the continuation or expansion of the program. (j) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. B Health Care Administration 321. Extension of Department of Veterans Affairs Health Professional Scholarship Program Section 7619 December 31, 2014 December 31, 2019 322. Expansion of availability of prosthetic and orthotic care for veterans (a) Establishment or expansion of advanced degree programs To expand availability of provision of care The Secretary of Veterans Affairs shall work with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan for carrying out subsection (a). The Secretary shall develop the plan in consultation with veterans service organizations, institutions of higher education with accredited degree programs in prosthetics and orthotics, and representatives of the prosthetics and orthotics field. (c) Funding (1) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $10,000,000 to carry out this section. (2) Availability The amount authorized to be appropriated by paragraph (1) shall remain available for expenditure until September 30, 2017. 323. Contracting for health care (a) Use of capitation-based resource allocation in entry into contracts In entering into contracts for the furnishing of health care services under the laws administered by the Secretary of Veterans Affairs (including under this title and the amendments made by this title), the Secretary shall use the capitation-based resource allocation model of the Department of Veterans Affairs. (b) Priority for contracts with certain entities In entering into contracts for the furnishing of health care services under the laws administered by the Secretary, the Secretary shall afford a priority for entry into contracts for Federally Qualified Health Centers (FQHCs) and Community Health Centers (CHCs), whenever appropriate. (c) Best practices The Secretary shall modify the guidance of the Department of Veterans Affairs on contracts for health care services in order to provide for the incorporation into such contracts of standardized requirements for such best practices under such contracts, including the following: (1) Requirements that contracts provide the Department on a regular basis information on scheduling and appearance for appointments for health care on per-patient basis. (2) Such other best practices requirements as the Secretary considers appropriate. (d) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) 324. Limitation on expansion of dialysis pilot program (a) Limitation The Secretary of Veterans Affairs shall not expand the dialysis pilot program to, or expand the capacity to provide additional dialysis care at, any facility owned or leased by the Department that is not an initial facility until after the date that— (1) the Secretary has implemented the dialysis pilot program at each initial facility for a period of not less than two years; (2) an independent analysis of the dialysis pilot program has been conducted at each initial facility, including a consideration and comparison of factors including— (A) the ability of veterans to access care under the dialysis pilot program; (B) the quality of care provided under the dialysis pilot program; and (C) the satisfaction of veterans who have received treatment under the dialysis pilot program; and (3) the report required by subsection (b) has been submitted. (b) Report Not later than 60 days after the date of the completion of the independent analysis required by subsection (a)(2), the Secretary shall submit to Congress a report that— (1) includes the results of that independent analysis; and (2) addresses any recommendations with respect to the dialysis pilot program provided in a report prepared by the Government Accountability Office. (c) Utilization of existing dialysis resources In order to increase the access of veterans to dialysis care and decrease the travel time of such veterans to receive such care, the Secretary shall fully utilize existing dialysis resources of the Department, including any community dialysis provider with which the Department has entered into a contract or agreement for the provision of such care. (d) Definitions In this section: (1) Dialysis pilot program The term dialysis pilot program (2) Initial facility The term initial facility (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 325. Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department (a) In general Subchapter II of chapter 73 7330B. Reporting of infectious diseases (a) Reporting The Secretary shall ensure that the Department has in effect an up-to-date policy on reporting a notifiable infectious disease diagnosed at a facility under the jurisdiction of the Secretary in accordance with the provisions of State and local law in effect where such facility is located. (b) Notifiable infectious disease For purposes of this section, a notifiable infectious disease is any infectious disease that is— (1) on the list of nationally notifiable diseases published by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention; or (2) covered by a provision of law of a State that requires the reporting of infectious diseases. (c) Performance measures The Secretary shall develop performance measures to assess whether and to what degree the directors of Veterans Integrated Service Networks and Department medical centers are complying with the policy required by subsection (a). . (b) Clerical amendment The table of sections at the beginning of chapter 73 7330B. Reporting of infectious diseases. . (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 326. Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs (a) Contract (1) In general The Secretary of Veterans Affairs shall seek to enter into a contract with an independent third-party to perform the services covered by this section. (2) Timing The Secretary shall seek to enter into the contract described in paragraph (1) not later than 540 days after the date of the enactment of this Act. (b) Independent study (1) In general Under a contract between the Secretary and an independent third-party under this section, the third party shall carry out a study— (A) to assess the organizational structures of medical centers of the Department of Veterans Affairs; and (B) to improve succession planning among key leadership roles at Veterans Integrated Service Networks and medical centers of the Department. (2) Matters studied and proposed In carrying out the study, the third party shall— (A) assess whether the organizational structure of the medical centers of the Department is effective for the furnishing of medical services, addressing issues that arise regarding the furnishing of medical services, and addressing standard business operations; (B) propose one organizational chart for Department medical centers with a common set of base position descriptions; (C) propose a base set of medical positions that should be filled to ensure that the health care provided to veterans by the Department is of good quality; and (D) identify which key leadership positions at Veterans Integrated Service Networks and Department medical centers should have succession plans and propose how to implement such plans. (3) Timing The third party shall complete the study under this section not later than 270 days after entering into the contract described in subsection (a). (c) Report Not later than 90 days after the date on which the third party completes the study under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of such study. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 327. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs (a) Requirements (1) In general The first update of the Strategic Plan Refresh for Fiscal Years 2012 through 2014 of the Office of Rural Health of the Department of Veterans Affairs after the date of the enactment of this Act, whether an update or refresh of such Strategic Plan Refresh or a strategic plan to supersede such Strategic Plan Refresh, shall be prepared in accordance with this section. (2) Consultation The Director of the Office of Rural Health shall prepare the update in consultation with the following: (A) The Director of the Health Care Retention and Recruitment Office of the Department. (B) The Director of the Office of Quality and Performance of the Department. (C) The Director of the Office of Care Coordination Services of the Department. (b) Elements The update described in subsection (a) shall include, for the period covered by the update, the following: (1) Goals and objectives for the recruitment and retention by the Veterans Health Administration of health care personnel in rural areas. (2) Goals and objectives for ensuring timeliness and improving quality in the delivery of health care services by the Veterans Health Administration in rural areas through contract and fee-basis providers. (3) Goals and objectives for the implementation, expansion, and enhanced use of telemedicine services by the Veterans Health Administration in rural areas, including through coordination with other appropriate offices of the Department. (4) Goals and objectives for ensuring the full and effective use of mobile outpatient clinics by the Veterans Health Administration for the provision of health care services in rural areas, including goals and objectives for the use of such clinics on a fully mobile basis and for encouraging health care providers who provide services through such clinics to do so in rural areas. (5) Procedures for soliciting from each Veterans Health Administration facility that serves a rural area the following: (A) A statement of the clinical capacity of such facility. (B) The procedures of such facility in the event of a medical, surgical, or mental health emergency outside the scope of the clinical capacity of such facility. (C) The procedures and mechanisms of such facility for the provision and coordination of health care for women veterans, including procedures and mechanisms for coordination with local hospitals and health care facilities, oversight of primary care and fee-basis care, and management of specialty care. (6) Goals and objectives for the modification of the funding allocation mechanisms of the Office of Rural Health in order to ensure that the Office distributes funds to components of the Department to best achieve the goals and objectives of the Office and in a timely manner. (7) Goals and objectives for the coordination of, and sharing of resources with respect to, the provision of health care services to veterans in rural areas between the Department of Veterans Affairs, the Department of Defense, the Indian Health Service of the Department of Health and Human Services, and other Federal agencies, as appropriate and prudent. (8) Specific milestones for the achievement of the goals and objectives developed for the update. (9) Procedures for ensuring the effective implementation of the update. (c) Transmittal to Congress Not later than 90 days after the date of the issuance of the update described in subsection (a), the Secretary of Veterans Affairs shall transmit the update to Congress, together with such comments and recommendations in connection with the update as the Secretary considers appropriate. 328. Report on provision of telemedicine services (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) Issues that may be impeding the provision by the Department of Veterans Affairs of telemedicine services for veterans, including the following: (A) Statutory or regulatory restrictions. (B) Licensure or credentialing issues for any provider practicing telemedicine with veterans who live in a different State than the provider. (C) Limited broadband access in rural areas. (D) Limited information technology resources or capabilities. (E) Long distances veterans must travel to access a facility or clinic with telemedicine capabilities. (F) Insufficient liability protection for providers. (G) Reimbursement issues faced by providers. (H) Travel limitations for providers that are unaffiliated with the Department and are participating or seeking to participate in a telemedicine program of the Department. (2) Actions taken to address the issues identified in paragraph (1). (3) An update on efforts by the Department to carry out the initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments required by section 1709A (4) An update on efforts by the Department to offer training opportunities in telemedicine to medical residents, as required by section 108(b) of the Janey Ensminger Act ( Public Law 112–154 38 U.S.C. 7406 (5) An update on efforts by the Department to, in partnership with primary care providers, install video cameras and instruments to monitor weight, blood pressure, and other vital statistics in the homes of patients. (b) Telemedicine defined In this section, the term telemedicine (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 329. Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (a) Designation The medical center of the Department of Veterans Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania, shall after the date of the enactment of this Act be known and designated as the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (b) References Any reference in any law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be considered to be a reference to the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center. C Complementary and Alternative Medicine 331. Expansion of research and education on and delivery of complementary and alternative medicine to veterans (a) Development of plan To expand research, education, and delivery Not later than six months after the effective date specified in subsection (f), the Secretary of Veterans Affairs shall develop a plan to expand materially and substantially the scope of research and education on, and delivery and integration of, complementary and alternative medicine services into the health care services provided to veterans. (b) Elements The plan required by subsection (a) shall provide for the following: (1) Research on the following: (A) The comparative effectiveness of various complementary and alternative medicine therapies. (B) Approaches to integrating complementary and alternative medicine services into other health care services provided by the Department. (2) Education and training for health care professionals of the Department on the following: (A) Complementary and alternative medicine services selected by the Secretary for purposes of the plan. (B) Appropriate uses of such services. (C) Integration of such services into the delivery of health care to veterans. (3) Research, education, and clinical activities on complementary and alternative medicine at centers of innovation at Department medical centers. (4) Identification or development of metrics and outcome measures to evaluate the provision and integration of complementary and alternative medicine services into the delivery of health care to veterans. (5) Integration and delivery of complementary and alternative medicine services with other health care services provided by the Department. (c) Consultation (1) In general In carrying out subsection (a), the Secretary shall consult with the following: (A) The Director of the National Center on Complementary and Alternative Medicine of the National Institutes of Health. (B) The Commissioner of Food and Drugs. (C) Institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and alternative medicine and the integration of complementary and alternative medicine practices into the delivery of health care. (D) Nationally recognized providers of complementary and alternative medicine. (E) Such other officials, entities, and individuals with expertise on complementary and alternative medicine as the Secretary considers appropriate. (2) Scope of consultation The Secretary shall undertake consultation under paragraph (1) in carrying out subsection (a) with respect to the following: (A) To develop the plan. (B) To identify specific complementary and alternative medicine practices that, on the basis of research findings or promising clinical interventions, are appropriate to include as services to veterans. (C) To identify barriers to the effective provision and integration of complementary and alternative medicine services into the delivery of health care to veterans, and to identify mechanisms for overcoming such barriers. (d) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. (e) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine (f) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 332. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers (a) Program required The Secretary of Veterans Affairs shall— (1) carry out, through the Office of Patient Centered Care and Cultural Transformation of the Department of Veterans Affairs, a program to assess the feasibility and advisability of integrating the delivery of complementary and alternative medicine services selected by the Secretary with other health care services provided by the Department for veterans with mental health conditions, chronic pain conditions, other chronic conditions, and such other conditions as the Secretary determines appropriate; and (2) in developing the program, identify and resolve barriers to the provision of complementary and alternative medicine services selected by the Secretary and the integration of those services with other health care services provided by the Department. (b) Duration of program The program shall be carried out during the three-year period beginning on the effective date specified in subsection (j). (c) Locations (1) In general The Secretary shall carry out the program at not fewer than 15 separate Department medical centers. (2) Polytrauma centers Not less than two of the medical centers designated under paragraph (1) shall be located at polytrauma rehabilitation centers of the Department. (3) Selection of locations In carrying out the program, the Secretary shall select locations that include the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. (d) Provision of services Under the program, the Secretary shall provide covered services to covered veterans by integrating complementary and alternative medicine services with other services provided by the Department at the medical centers designated under subsection (c)(1). (e) Covered veterans For purposes of the program, a covered veteran is any veteran who— (1) has a mental health condition diagnosed by a clinician of the Department; (2) experiences chronic pain; or (3) has a chronic condition being treated by a clinician of the Department. (f) Covered services (1) In general For purposes of the program, covered services are services consisting of complementary and alternative medicine as selected by the Secretary. (2) Administration of services Covered services shall be administered under the program as follows: (A) Covered services shall be administered by clinicians employed by the Secretary for purposes of this section who, to the extent practicable, shall provide services consisting of complementary and alternative medicine, including those clinicians who solely provide such services. (B) Covered services shall be included as part of the Patient Aligned Care Teams initiative of the Office of Patient Care Services, Primary Care Program Office, in coordination with the Office of Patient Centered Care and Cultural Transformation. (C) Covered services shall be made available to both— (i) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have received conventional treatments from the Department for such conditions; and (ii) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have not received conventional treatments from the Department for such conditions. (g) Voluntary participation The participation of a veteran in the program shall be at the election of the veteran and in consultation with a clinician of the Department. (h) Reports to Congress (1) Quarterly reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter for the duration of the program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Secretary to carry out the program, including a description of the outreach conducted by the Secretary to veterans and community organizations to inform such organizations about the program. (2) Final report (A) In general Not later than 180 days after the completion of the program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program, including with respect to— (I) the utilization and efficacy of the complementary and alternative medicine services established under the program; (II) an assessment of the benefit of the program to covered veterans in mental health diagnoses, pain management, and treatment of chronic illness; and (III) the comparative effectiveness of various complementary and alternative medicine therapies. (ii) Barriers identified under subsection (a)(2) that were not resolved. (iii) Such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (i) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine (j) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 333. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs (a) Studies required (1) In general The Secretary of Veterans Affairs shall conduct comprehensive studies of the barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. (2) Studies conducted (A) Veterans In conducting the study of veterans, the Secretary shall— (i) survey veterans who seek or receive hospital care or medical services furnished by the Department, as well as veterans who do not seek or receive such care or services; (ii) administer the survey to a representative sample of veterans from each Veterans Integrated Service Network; and (iii) ensure that the sample of veterans surveyed is of sufficient size for the study results to be statistically significant. (B) Administrators and clinicians In conducting the study of clinicians and administrators, the Secretary shall— (i) survey administrators of the Department who are involved in the provision of health care services; (ii) survey clinicians that have provided complementary and alternative medicine services through the program established under section 332 of this Act, after those clinicians have provided those services through such program for at least 90 days; and (iii) administer the survey to administrators under clause (i)— (I) before the introduction of complementary and alternative medicine services through such program; and (II) not earlier than 90 days after the introduction of complementary and alternative medicine services through such program. (b) Elements of studies (1) Veterans In conducting the study of veterans required by subsection (a), the Secretary shall study the following: (A) The perceived barriers associated with obtaining complementary and alternative medicine services from the Department. (B) The satisfaction of veterans with complementary and alternative medicine services in primary care. (C) The degree to which veterans are aware of eligibility requirements for, and the scope of services available under, complementary and alternative medicine services furnished by the Department. (D) The effectiveness of outreach to veterans on the availability of complementary and alternative medicine for veterans. (E) Such other barriers as the Secretary considers appropriate. (2) Administrators and clinicians In conducting the study of administrators and clinicians required by subsection (a), the Secretary shall study the following: (A) The extent of the integration of complementary and alternative medicine services within the services provided by the Department. (B) The perception by administrators and clinicians of the structural and attitudinal barriers to the delivery of high quality complementary and alternative medicine services by the Department. (C) Strategies that have been used to reduce or eliminate such barriers and the results of such strategies. (D) The satisfaction of administrators and clinicians regarding the integration of complementary and alternative medicine services within the services provided by the Department. (E) The perception by administrators and clinicians of the value of specific complementary and alternative medicine services for inpatient and outpatient veteran populations. (c) Discharge by contract The Secretary shall enter into a contract with a qualified independent entity or organization to carry out the studies required by this section. (d) Mandatory review of data by the National Research Advisory Council (1) In general The Secretary shall ensure that the head of the National Research Advisory Council reviews the results of the studies conducted under this section. (2) Submittal of findings The head of the National Research Advisory Council shall submit findings with respect to the studies to the Under Secretary for Health and to other pertinent program offices within the Department with responsibilities relating to health care services for veterans. (e) Reports (1) Report on implementation Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the implementation of this section. (2) Report on study (A) In general Not later than 45 days after the date of the completion of the study, the Secretary shall submit to Congress a report on the study required by subsection (a). (B) Contents The report required by subparagraph (A) shall include the following: (i) Recommendations for such administrative and legislative proposals and actions as the Secretary considers appropriate. (ii) The findings of the head of the National Research Advisory Council and of the Under Secretary for Health. (f) Authorization of appropriations There is authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $2,000,000 to carry out this section. (g) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine 334. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program through the award of grants to public or private nonprofit entities to assess the feasibility and advisability of using wellness programs to complement the provision of mental health care to veterans and family members eligible for counseling under section 1712A(a)(1)(C) (2) Matters to be addressed The program shall be carried out so as to assess the following: (A) Means of improving coordination between Federal, State, local, and community providers of health care in the provision of mental health care to veterans and family members described in paragraph (1). (B) Means of enhancing outreach, and coordination of outreach, by and among providers of health care referred to in subparagraph (A) on the mental health care services available to veterans and family members described in paragraph (1). (C) Means of using wellness programs of providers of health care referred to in subparagraph (A) as complements to the provision by the Department of Veterans Affairs of mental health care to veterans and family members described in paragraph (1). (D) Whether wellness programs described in subparagraph (C) are effective in enhancing the quality of life and well-being of veterans and family members described in paragraph (1). (E) Whether wellness programs described in subparagraph (C) are effective in increasing the adherence of veterans described in paragraph (1) to the primary mental health services provided such veterans by the Department. (F) Whether wellness programs described in subparagraph (C) have an impact on the sense of wellbeing of veterans described in paragraph (1) who receive primary mental health services from the Department. (G) Whether wellness programs described in subparagraph (C) are effective in encouraging veterans receiving health care from the Department to adopt a more healthy lifestyle. (b) Duration The Secretary shall carry out the program for a period of three years beginning on the date that is one year after the date of the enactment of this Act. (c) Locations The Secretary shall carry out the program at facilities of the Department providing mental health care services to veterans and family members described in subsection (a)(1). (d) Grant proposals (1) In general A public or private nonprofit entity seeking the award of a grant under this section shall submit an application therefor to the Secretary in such form and in such manner as the Secretary may require. (2) Application contents Each application submitted under paragraph (1) shall include the following: (A) A plan to coordinate activities under the program, to the extent possible, with the Federal, State, and local providers of services for veterans to enhance the following: (i) Awareness by veterans of benefits and health care services provided by the Department. (ii) Outreach efforts to increase the use by veterans of services provided by the Department. (iii) Educational efforts to inform veterans of the benefits of a healthy and active lifestyle. (B) A statement of understanding from the entity submitting the application that, if selected, such entity will be required to report to the Secretary periodically on standardized data and other performance data necessary to evaluate individual outcomes and to facilitate evaluations among entities participating in the program. (C) Other requirements that the Secretary may prescribe. (e) Grant uses (1) In general A public or private nonprofit entity awarded a grant under this section shall use the award for purposes prescribed by the Secretary. (2) Eligible veterans and family In carrying out the purposes prescribed by the Secretary in paragraph (1), a public or private nonprofit entity awarded a grant under this section shall use the award to furnish services only to individuals specified in section 1712A(a)(1)(C) (f) Reports (1) Periodic reports (A) In general Not later than 180 days after the date of the commencement of the program, and every 180 days thereafter, the Secretary shall submit to Congress a report on the program. (B) Report elements Each report required by subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program during the 180-day period preceding the report. (ii) An assessment of the benefits of the program to veterans and their family members during the 180-day period preceding the report. (2) Final report Not later than 180 days after the end of the program, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to the advisability of continuing or expanding the program. (g) Wellness defined In this section, the term wellness D Mental Health Care 341. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs (a) In general In carrying out the education and training program required under section 7302(a)(1) (b) Funding The Secretary shall apportion funding for the education and training program equally among the professions included in the program. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 342. Education program and peer support program for family members and caregivers of veterans with mental health disorders (a) Programs (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an education program (in this section referred to as the education program peer support program (2) Definitions In this section: (A) Family member; caregiver The terms family member caregiver section 1720G(d) (B) Eligible veteran The term eligible veteran section 1705(a) (b) Education program (1) In general Under the education program, the Secretary shall provide a course of education to family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. (2) Duration (A) In general The education program shall be carried out during the four-year period beginning on the date of the commencement of the education program. (B) Authority for extension The Secretary may extend the duration of the education program for an additional four years. (3) Locations (A) In general Except as required by subparagraph (D), the Secretary shall carry out the education program at the following facilities of the Department of Veterans Affairs: (i) Not less than 10 medical centers of the Department. (ii) Not less than 10 clinics of the Department. (iii) Not less than 10 Vet Centers (as defined in section 1712A(h) (B) Solicitation of applications In selecting locations for the education program, the Secretary shall solicit applications from eligible facilities of the Department that are interested in carrying out the education program. (C) Considerations In selecting locations for the education program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (i) Rural areas. (ii) Areas that are not in close proximity to an active duty installation. (iii) Areas in different geographic locations. (D) Expansion of locations Not later than two years after the date of the commencement of the education program, the Secretary shall expand the number of facilities at which the Secretary is carrying out the education program to include the following: (i) Not less than 10 additional medical centers of the Department. (ii) Not less than 10 additional clinics of the Department. (iii) Not less than 10 additional Vet Centers. (4) Contracts (A) In general In carrying out the education program, the Secretary shall enter into contracts with qualified entities described in subparagraph (B) to offer the course of education described in paragraph (5) to family members and caregivers of eligible veterans and covered veterans. (B) Qualified entity described A qualified entity described in this subparagraph is a non-profit entity with experience in mental health education and outreach, including work with children, teens, and young adults, that— (i) uses high quality, relevant, and age-appropriate information in educational programming, materials, and coursework, including such programming, materials, and coursework for children, teens, and young adults; and (ii) works with agencies, departments, nonprofit mental health organizations, early childhood educators, and mental health providers to develop educational programming, materials, and coursework. (C) Priority In entering into contracts under this paragraph, the Secretary shall give priority to qualified entities that, to the maximum extent practicable, use Internet technology for the delivery of course content in an effort to expand the availability of support services, especially in rural areas. (5) Elements The course of education described in this paragraph shall consist of not less than 10 weeks of education and shall include the following: (A) General education on different mental health disorders, including information to improve understanding of the experiences of individuals suffering from those disorders. (B) Techniques for handling crisis situations and administering mental health first aid to individuals suffering from mental health disorders. (C) Techniques for coping with the stress of living with someone with a mental health disorder. (D) Information on additional services available for family members and caregivers through the Department or community organizations and providers related to mental health disorders. (E) Such other matters as the Secretary considers appropriate. (6) Instructors (A) Training Each instructor of the course of education described in paragraph (5) shall maintain a level of proficiency in the course of education as determined by the Secretary, and shall submit proof of that level of proficiency to the Secretary at such time and in such manner as the Secretary determines appropriate. (B) Individuals who have completed the course as instructors Commencing as of the date that is two years after the date of the commencement of the education program, any individual who has successfully completed the course of education described in paragraph (5) and has successfully completed such additional training as is required for instructors pursuant to subparagraph (A) may act as an instructor in the course of education. (c) Peer support program (1) In general Under the peer support program, the Secretary shall provide peer support to family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. (2) Locations The Secretary shall provide peer support under the peer support program at each location at which the Secretary provides education under the education program. (3) Elements Peer support under the peer support program shall consist of meetings in group settings between a peer support coordinator under paragraph (4) and family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. At each location, those meetings shall be conducted not less often than twice each calendar quarter. (4) Peer support coordinator (A) In general The Secretary, acting through the director of each participating facility, may select an individual who has successfully completed the course of education described in subsection (b)(5) to serve as a peer support coordinator for each such facility to carry out the peer support program. (B) Proficiency of instructors Each peer support coordinator shall maintain a level of proficiency in peer support as determined by the Secretary, and shall submit proof of that level of proficiency to the Secretary at such time and in such manner as the Secretary determines appropriate. (d) Surveys (1) In general The Secretary shall conduct a comprehensive and statistically significant survey of the satisfaction of individuals that have participated in the course of education described in subsection (b)(5) and individuals that have participated in the peer support program that includes the following: (A) The general satisfaction of those individuals with the education and assistance provided in the education program and the peer support program. (B) The perceived effectiveness of the education program and the peer support program in providing education and assistance that is useful for those individuals. (C) The applicability of the education program and the peer support program to the issues faced by those individuals. (D) Such other matters as the Secretary considers appropriate. (E) A representative sample of the information required by subparagraphs (A) through (D) from each Veterans Integrated Service Network that is participating in the education program and the peer support program. (2) Compilation of information The information compiled as a result of the surveys required by paragraph (1) shall be included in the annual report required by subsection (e)(1). (e) Reports (1) Annual report (A) In general Not later than one year after the date of the commencement of the education program and not later than September 30 each year thereafter until 2017, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the education program and the peer support program. (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the course of education described in subsection (b)(5) during the year preceding the submission of the report. (ii) The number of individuals that participated in the peer support program during the year preceding the submission of the report. (iii) A detailed analysis of the surveys conducted under subsection (d) with respect to the individuals described in clause (i) and (ii). (iv) The degree to which veterans and family members and caregivers of veterans are aware of the eligibility requirements for enrollment in the education program and the peer support program. (v) Any plans for expansion of the education program and the peer support program. (vi) The interim findings and conclusions of the Secretary with respect to the success of the education program and the peer support program. (2) Final report (A) In general Not later than one year after the completion of the education program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of continuing the education program and the peer support program. (B) Elements The report submitted under subparagraph (A) shall include the following: (i) A detailed analysis of the surveys conducted under subsection (d). (ii) The feasibility and advisability of continuing the education program without entering into contracts for the course of education described in subsection (b)(5) and instead using peer support coordinators selected under subsection (c)(4) as instructors of the course of education. (iii) The feasibility and advisability of expanding the education program and the peer support program. 343. Report on provision of mental health services for families of certain veterans at facilities of the Department Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of providing services under the program established by section 304(a) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1712A 344. Annual report on community mental health partnership pilot program (a) In general Not later than one year after the date of the enactment of this Act and not later than September 30 each year thereafter until the completion of the pilot program described in subsection (b), the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on that pilot program. (b) Pilot program described The pilot program described in this subsection is the pilot program conducted by the Veterans Health Administration to connect medical centers of the Department of Veterans Affairs with community-based mental health care providers and substance abuse treatment providers for the purpose of assisting in the treatment of veterans with mental health disorders, commonly known as the Community Mental Health Partnership Pilot (c) Elements Each report submitted under subsection (a) shall include the following: (1) The number of sites participating in the pilot program. (2) The number of individuals participating in the pilot program at each site. (3) A detailed assessment of the effectiveness of, the participation of veterans in, and the satisfaction of veterans with the pilot program. (4) An analysis of barriers to the effectiveness of, the participation of veterans in, and the satisfaction of veterans with the pilot program. (5) A description of the plans of the Secretary to conduct outreach and provide information to veterans and community mental health providers with respect to the pilot program. (6) A description of any plans to expand the pilot program, including plans that focus on the unique needs of veterans located in rural areas. (7) An explanation of how the care provided under the pilot program is consistent with the minimum clinical mental health guidelines promulgated by the Veterans Health Administration, including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. E Dental care eligibility expansion and enhancement 351. Restorative dental services for veterans (a) In general Section 1710(c) (1) in the second sentence— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting (1) (c) (3) by striking The Secretary (2) The Secretary ; and (4) by adding at the end the following new paragraph: (3) In addition to the dental services, treatment, and appliances authorized to be furnished by paragraph (2), the Secretary may furnish dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost as result of any services or treatment furnished under this subsection. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 352. Pilot program on expansion of furnishing of dental care to all enrolled veterans (a) Pilot program required Commencing not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of furnishing dental care to veterans enrolled in the system of patient enrollment under section 1705 (b) Duration of pilot program The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations (1) In general The Secretary shall carry out the pilot program at not fewer than 16 locations as follows: (A) Four Department of Veterans Affairs medical centers with an established dental clinic. (B) Four Department medical centers with a current contract for the furnishing of dental care. (C) Four Community-Based Outpatient Clinics (CBOCs) with space available for the furnishing of services and treatment under the pilot program. (D) Four facilities selected from among Federally Qualified Health Centers (FQHCs) and Indian Health Service facilities with established dental clinics, of which— (i) at least one facility shall be such an Indian Health Service facility; and (ii) any Indian Health Service facility so selected shall be selected in consultation with the Secretary of Health and Human Services. (2) Considerations In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in each of the following: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of Census. (d) Limitation on number of participating veterans (1) In general The total number of eligible veterans who may participate in the pilot program may not exceed 30,000. (2) Distribution of limitation In applying the limitation in paragraph (1) to the pilot program, the Secretary shall distribute the limitation across and among locations selected for the pilot program in a manner that takes appropriate account of the size and need of veterans for dental services at each such location. (e) Scope of services The dental services and treatment furnished to veterans under the pilot program shall be consistent with the dental services and treatment furnished by the Secretary to veterans with service-connected disabilities rated 100 percent disabling under the laws administered by the Secretary. (f) Voluntary participation The participation of a veteran in the pilot program shall be at the election of the veteran. (g) Limitation on amount of services (1) In general The total amount the Secretary may expend furnishing dental services and treatment to a veteran participating in the pilot program during any one-year period may not exceed such amount as the Secretary determines appropriate. The amount so determined may not be less than $1,000. (2) Consultation The Secretary shall make the determination under paragraph (1)— (A) in consultation with the Director of the Indian Health Service; and (B) in consultation with the Director of the Health Resources and Services Administration of the Department of Health and Human Services if one or more Federally Qualified Health Center is selected as a location for the pilot program under subsection (c)(1)(D). (h) Copayments The Secretary may collect copayments for dental services and treatment furnished under the pilot program in accordance with authorities on the collection of copayments for medical care of veterans under chapter 17 (i) Program administration (1) Notice to eligible veterans on pilot program In carrying out the pilot program, the Secretary shall inform all veterans eligible to participate in the pilot program of the services and treatment available under the pilot program. (2) Contracts In carrying out the pilot program, the Secretary may enter into contracts with appropriate entities for the provision of dental services and treatment under the pilot program. Each such contract shall specify performance standards and metrics and processes for ensuring compliance of the contractor concerned with such performance standards. (j) Reports (1) Preliminary reports (A) In general Not later than each of 540 days and three years after the date of the commencement of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (B) Contents Each report under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of veterans receiving services and treatment under the pilot program, and a description of the dental services and treatment furnished to such veterans. (iii) An analysis of the costs and benefits of the pilot program, including a comparison of costs and benefits by location type. (iv) An assessment of the impact of the pilot program on medical care, wellness, employability, and perceived quality of life of veterans. (v) The current findings and conclusions of the Secretary with respect to the pilot program. (vi) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (2) Final report (A) In general Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (B) Contents The report under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (k) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) (l) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 353. Program on education to promote dental health in veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program of education to promote dental health for veterans who are enrolled in the system of patient enrollment of the Department of Veterans Affairs under section 1705 (2) Construction Nothing in the program shall be deemed to alter or revise the eligibility of any veteran for dental care under the laws administered by the Secretary. (b) Elements The program required by subsection (a) shall provide education for veterans on the following: (1) The association between dental health and overall health and well-being. (2) Proper techniques for dental care. (3) Signs and symptoms of commonly occurring dental conditions. (4) Treatment options for commonly occurring dental issues. (5) Options for obtaining access to dental care, including information on eligibility for dental care through the Department and on purchasing private dental insurance. (6) Available and accessible options for obtaining low or no-cost dental care, including through dental schools and Federally Qualified Health Centers (FQHCs). (7) Such other matters relating to dental health as the Secretary considers appropriate. (c) Delivery of educational materials (1) In general The Secretary shall provide educational materials to veterans under the program required by subsection (a) through a variety of mechanisms, including the following: (A) The availability and distribution of print materials at Department facilities (including at medical centers, clinics, Vet Centers, and readjustment counseling centers) and to providers (including members of Patient Aligned Care Teams). (B) The availability and distribution of materials over the Internet, including through webinars and My HealtheVet. (C) Presentations of information, including both small group and large group presentations. (2) Selection of mechanisms In selecting mechanisms for purposes of this subsection, the Secretary shall select mechanisms designed to maximize the number of veterans who receive education under the program. (d) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 354. Information on dental services for inclusion in electronic medical records under dental insurance pilot program (a) In general Commencing not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall expand the dental insurance pilot program established by section 17.169 (b) Construction with current pilot program requirements (1) In general Nothing in this section shall be construed to revise eligibility for participation in, or the locations of, the pilot program referred to in subsection (a). (2) Duration The Secretary may continue the pilot program for two years in addition to the duration otherwise provided for the pilot program in section 17.169 (3) Voluntary participation in mechanism The participation in the mechanism required by subsection (a) of an individual otherwise participating in the pilot program shall be at the election of the individual. (c) Inclusion of information on mechanism in reports Each report to Congress on the pilot program after the date of the date of the commencement of the mechanism required by subsection (a) shall include information on the mechanism, including a current assessment of the feasability and advisability of using the mechanism to include information on dental care furnished individuals in the electronic medical records of the Department with respect to such individuals. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 355. Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $305,000,000 to carry out this subtitle and the amendments made by this subtitle. The amount so authorized to be appropriated shall be available for obligation for the five-year period beginning on the date that is one year after the date of the enactment of this Act. F Health care related to sexual trauma 361. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training Section 1720D(a)(1) or active duty for training , active duty for training, or inactive duty training 362. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces (a) Expansion of coverage to members of the Armed Forces Subsection (a) of section 1720D (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): (2) (A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph. (B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. ; and (3) in paragraph (3), as redesignated by paragraph (1)— (A) by striking a veteran an individual (B) by striking that veteran that individual (b) Information to members on availability of counseling and services Subsection (c) of such section is amended— (1) by striking to veterans (2) in paragraph (3), by inserting members of the Armed Forces and individuals (c) Inclusion of members in reports on counseling and services Subsection (e) of such section is amended— (1) in the matter preceding paragraph (1), by striking to veterans (2) in paragraph (2)— (A) by striking women veterans individuals (B) by striking training under subsection (d). (A) veterans; (B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. ; (3) in paragraph (4), by striking veterans individuals (4) in paragraph (5)— (A) by striking women veterans individuals (B) by inserting , including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2) (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 363. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a screening mechanism to be used when a veteran seeks healthcare services from the Department of Veterans Affairs to detect if the veteran has been a victim of domestic abuse for purposes of improving the treatment of the veteran and assessing the prevalence of domestic abuse in the veteran population. (b) Readily available screening tools In developing and implementing a screening mechanism under subsection (a), the Secretary may incorporate into the screening mechanism such readily available screening tools as the Secretary considers appropriate for the screening mechanism. (c) Domestic abuse defined In this section, the term domestic abuse (1) constitutes— (A) a pattern of behavior resulting in physical or emotional abuse, economic control, or interference with the personal liberty of that individual; (B) a violation of Federal or State law involving the use, attempted use, or threatened use of force or violence against that individual; or (C) a violation of a lawful order issued for the protection of that individual; and (2) is committed by a person who— (A) is a current or former spouse or domestic partner of that individual; (B) shares a child in common with that individual; (C) is a current or former intimate partner of that individual that shares or has shared a common domicile with that individual; (D) is a caregiver or family caregiver of that individual (as such terms are defined in section 1720G(d) (E) is in any other type of relationship with that individual that the Secretary may specify for purposes of this section. 364. Reports on military sexual trauma and domestic abuse (a) Report on services available for military sexual trauma in the Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma. (b) Report on domestic abuse among veterans Not later than two years after the implementation of the screening mechanism required by section 363(a) of this Act, the Secretary of Veterans Affairs and the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall jointly submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on domestic abuse among veterans that includes the following: (1) A summary of the types, outcomes, and circumstances of incidents of domestic abuse that have been reported by veterans during the two-year period preceding the submission of the report. (2) A summary of the treatments available from the Department of Veterans Affairs for veterans who experience domestic abuse and an assessment of the effectiveness of those treatments. (3) Data and analysis on any correlation between an incident of military sexual trauma or sexual trauma experienced after the age of 18 and domestic abuse. (4) Any other issues that the Secretary of Veterans Affairs or the Director of the Centers for Disease Control and Prevention determines appropriate. (c) Reports on transition of military sexual trauma and domestic abuse treatment from Department of Defense to Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma or domestic abuse from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs. (2) A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma or domestic abuse, including permitting veterans access to information and evidence necessary to develop or support such claims. (d) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Domestic abuse The term domestic abuse (3) Military sexual trauma The term military sexual trauma (4) Sexual harassment The term sexual harassment (5) Sexual trauma The term sexual trauma (e) Effective date This section shall take effect on the date that is 270 days after the date of the enactment of this Act. G Reproductive treatment and services 371. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services Section 1701(6), as amended by section 306(b)(1) of this Act, is further amended by adding at the end the following new subparagraph: (I) Fertility counseling and treatment, including treatment using assisted reproductive technology. . 372. Reproductive treatment and care for spouses and surrogates of veterans (a) In general Subchapter VIII of chapter 17 1788. Reproductive treatment and care for spouses and surrogates of veterans (a) In general The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) (b) Coordination of care for other spouses and surrogates In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate. (c) Construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a surrogate for a veteran or to connect a surrogate with a veteran; or (2) to furnish maternity care to a spouse or surrogate of a veteran. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology . (b) Clerical amendment The table of sections at the beginning of chapter 17 1788. Reproductive treatment and care for spouses and surrogates of veterans. . 373. Adoption assistance for severely wounded veterans (a) In general Subchapter VIII of chapter 17, as amended by section 372(a) of this Act, is further amended by adding at the end the following new section: 1789. Adoption assistance (a) In general The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children. (b) Covered veteran For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who— (1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and (2) is enrolled in the system of annual patient enrollment established under section 1705(a) (c) Limitation amount For purposes of this section, the limitation amount is the amount equal to the lesser of— (1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of fertility treatment through the use of assisted reproductive technology under section 1788 (2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology section 1788 . (b) Clerical amendment The table of sections at the beginning of chapter 17, as amended by section 372(b) of this Act, is further amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 374. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs (a) In general Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations— (1) on the furnishing of fertility treatment to veterans using assisted reproductive technology; (2) to carry out section 1788 (3) to carry out section 1789 (b) Limitation Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish— (1) to a veteran any fertility treatment that uses an assisted reproductive technology that the Secretary has not used in the provision of a fertility treatment to a veteran before the date of the enactment of this Act; (2) any fertility counseling or treatment under section 1788 (3) any assistance under section 1789 (c) Assisted reproductive technology defined In this section, the term assisted reproductive technology section 1788 375. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment The Secretary of Veterans Affairs and the Secretary of Defense shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility counseling and treatment. 376. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73, as amended by section 325(a) of this Act, is further amended by adding at the end the following new section: 7330C. Facilitation of reproduction and infertility research (a) Facilitation of research required The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as a spinal cord injury, that affects the veterans' ability to reproduce. (b) Dissemination of information The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. . (b) Clerical amendment The table of sections at the beginning of chapter 73, as amended by section 325(b) of this Act, is further amended by inserting after the item relating to section 7330B the following new item: 7330C. Facilitation of reproduction and infertility research. . (c) Report Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330C 377. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act and not less frequently than annually thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report. (b) Elements Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans. (2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department. (3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration. (4) The average cost to the Department per recipient of such counseling and treatment. (5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished. (6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense. 378. Program on assistance for child care for certain veterans (a) Assistance for child care for certain veterans receiving health care (1) In general Subchapter I of chapter 17 1709B. Assistance for child care for certain veterans receiving health care (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c). (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran— (1) receives health care services described in subsection (c) at a facility of the Department; and (2) requires travel to and from such facility for the receipt of such health care services. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department— (i) regular mental health care services; (ii) intensive mental health care services; or (iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or (B) in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department. (d) Locations The Secretary shall carry out the program in no fewer than three Veterans Integrated Service Networks selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Direct provision of child care at an on-site facility of the Department. (C) Payments to private child care agencies. (D) Collaboration with facilities or programs of other Federal departments or agencies. (E) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. . (2) Clerical amendment The table of sections at the beginning of chapter 17 1709B. Assistance for child care for certain veterans receiving health care. . (3) Conforming amendment Section 205(e) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1710 but not after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (b) Assistance for child care for individuals receiving readjustment counseling and related mental health services (1) In general Subchapter I of chapter 17, as amended by subsection (a)(1) of this section, is further amended by adding at the end the following new section: 1709C. Assistance for child care for individuals receiving readjustment counseling and related mental health services (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified individuals described in subsection (c) to obtain child care so that such individuals can receive readjustment counseling and related mental health services. (b) Limitation on period of payments Assistance may only be provided to a qualified individual under this section for receipt of child care during the period that the qualified individual receives readjustment counseling and related health care services at a Vet Center. (c) Qualified individuals For purposes of this section, a qualified individual is an individual who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department regular readjustment counseling and related mental health services; or (B) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department. (d) Locations The Secretary shall carry out the program under this section in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Payments to private child care agencies. (C) Collaboration with facilities or programs of other Federal departments or agencies. (D) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this subsection is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. (f) Vet Center defined In this section, the term Vet Center section 1712A . (2) Clerical amendment The table of sections at the beginning of chapter 17, as amended by subsection (a)(2) of this section, is further amended by inserting after the item relating to section 1709B the following new item: 1709C. Assistance for child care for individuals receiving readjustment counseling and related mental health services. . 379. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) Counseling in retreat settings (1) In general Subchapter II of chapter 17 1720H. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) In general The Secretary shall provide, through the Readjustment Counseling Service of the Veterans Health Administration, reintegration and readjustment services described in subsection (c) in group retreat settings to women veterans who are recently separated from service in the Armed Forces after a prolonged deployment. (b) Election of veteran The receipt of services under this section by a woman veteran shall be at the election of the veteran. (c) Covered services The services provided to a woman veteran under this section shall include the following: (1) Information on reintegration into the veteran’s family, employment, and community. (2) Financial counseling. (3) Occupational counseling. (4) Information and counseling on stress reduction. (5) Information and counseling on conflict resolution. (6) Such other information and counseling as the Secretary considers appropriate to assist the veteran in reintegration into the veteran’s family, employment, and community. . (2) Clerical amendment The table of sections at the beginning of chapter 17 1720H. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces. . (b) Repeal of superseded pilot program authority Section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1712A H Major medical facility leases 381. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. 382. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs (b) Requirement for obligation of full cost Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 (1) an amount equal to total payments under the full term of the lease; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (c) Transparency (1) Compliance Subsection (b) of section 8104 (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 Anti-Deficiency Act (A) an analysis of the classification of the lease as a lease-purchase capital lease operating lease (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a copy of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. IV Employment and Related Matters A Training and other services for veterans seeking employment 401. Reauthorization of veterans retraining assistance program (a) Extension Subsection (k) of section 211 of the VOW to Hire Heroes Act of 2011 ( Public Law 112–56 38 U.S.C. 4100 March 31, 2014 June 30, 2016 (b) Number of eligible veterans Subsection (a)(2) of such section is amended— (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (C) 50,000 during the period beginning April 1, 2014, and ending June 30, 2015; and (D) 50,000 during the period beginning July 1, 2015, and ending June 30, 2016. . (c) Clarification of limitation on aggregate amount of assistance Subsection (b) of such section is amended by striking up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs an aggregate of not more than 12 months of retraining assistance provided by the Secretary of Veterans Affairs under this section (d) Providers of retraining assistance Subsection (b) of such section is further amended— (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (2) by inserting after paragraph (2) the following new paragraph (3): (3) is offered by a four-year educational institution and, as determined by the Secretary, is not reasonably available at a community college or technical school; . (e) Extension of application date Subsection (e)(1)(G) of such section is amended by striking October 1, 2013 October 1, 2015 (f) Reports Subsection (i) of such section is amended— (1) in the subsection heading, by striking Report Reports (2) by striking paragraph (1) and inserting the following new paragraph (1): (1) In general The Secretary of Veterans Affairs shall submit to the appropriate committees of Congress reports on training assistance provided under this section as follows: (A) By not later than October 1, 2015, for participants provided assistance through March 31, 2014. (B) By not later than October 1, 2017, for participants provided assistance during the period beginning on April 1, 2014, and ending on June 2016. ; and (3) in paragraph (2), by striking The report required by paragraph (1) shall include Each report required by paragraph (1) shall include, for the period covered by such report, 402. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses (a) In general Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 10 U.S.C. 1071 December 31, 2014 December 31, 2016 (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the benefits provided by the Secretary under section 1631(b) of such Act. (2) Appropriate committees of congress In this subsection, the term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. 403. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law Section 3102(b)(4) March 31, 2014 March 31, 2016 404. Unified employment portal for veterans (a) In general Section 4105 (c) (1) The Secretary shall develop a single, unified Federal web-based employment portal, for use by veterans, containing information regarding all Federal programs and activities concerning employment, unemployment, and training to the extent the programs and activities affect veterans. (2) The Secretary shall work with representatives from the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and other Federal agencies and organizations concerned with veterans' issues, to determine an appropriate platform and implementing agency for the portal. The Secretary shall enter into an agreement with the other Federal agencies for the implementation of the portal. . (b) Implementation The Secretary of Labor shall implement the portal required by subsection (c) of section 4105 405. Report on unified Government Internet portal for veterans on jobs available through the Federal Government (a) Identification of Internet websites and applications that can assist veterans seeking employment (1) In general The Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Secretary of Defense, and other appropriate public and private entities, take appropriate actions to identify Internet websites and applications that can assist veterans in seeking employment. (2) Priority in identification of certain websites and applications In identifying websites and applications pursuant to paragraph (1), the Secretary shall place a particular priority on identifying websites and applications that do the following: (A) Match veterans seeking employment with available jobs based on the skills the veterans acquired as members of the Armed Forces. (B) Permit employers to post information about available jobs. (b) Report Not later than 180 days after the effective date specified in subsection (c), the Secretary of Labor shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the actions of the Secretary under subsection (a). The report shall include an assessment of the feasibility and advisability of creating a single, unified Internet-based employment portal for the Federal Government for use by veterans regarding employment through the Federal Government, including the cost of creating the portal, the collaboration with other Federal agencies required to create the portal, and the anticipated use of the portal. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 406. Information on disability-related employment and education protections in Transition Assistance Program (a) In general Section 1144(b) (9) Provide information about disability-related employment and education protections. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. B Employment of veterans and recognition of veteran status with respect to employment related matters 411. Employment of veterans with the Federal Government (a) In general Section 4214 (1) in subsection (b), by adding at the end the following: (4) (A) The requirement under this paragraph is in addition to the appointment of qualified covered veterans under the authority under paragraph (1) by the Department of Veterans Affairs and the Department of Defense. (B) The head of each agency, in consultation with the Director of the Office of Personnel Management, shall develop a plan for exercising the authority specified in subparagraph (C) during the five-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (C) The authority specified in this subparagraph is the authority as follows: (i) The authority under paragraph (1). (ii) The authority available to the agency concerned under the Veterans Employment Opportunities Act of 1998 ( Public Law 105–339 (D) The Director of the Office of Personnel Management shall ensure that under the plans developed under subparagraph (B) agencies shall appoint to existing vacancies not fewer than 15,000 qualified covered veterans during the five-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 ; (2) in subsection (d), in the third sentence, by inserting (including, during the 5-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 subsection (b) of this section (3) in subsection (e)— (A) in paragraph (1)— (i) in the matter before subparagraph (A), by striking to the Congress to the appropriate committees of Congress (ii) in subparagraph (A), by inserting (including, during the 5-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (B) by adding at the end the following new paragraph: (3) In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Oversight and Government Reform of the House of Representatives. . (b) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate committees of Congress (as defined under section 4214(e)(3) 412. State recognition of military experience of veterans in issuing licenses and credentials to veterans (a) In general Section 4102A(c) (9) (A) As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A 4104 (i) establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran— (I) receives a satisfactory score on completion of such examination, as determined by the State; (II) has been awarded a military occupational specialty that is substantially equivalent to or exceeds the requirements of the State for the issuance of such license or credential; (III) has engaged in the active practice of the occupation for which the veteran is seeking such license or credential for at least two of the five years preceding the date of application; and (IV) pays any customary or usual fees required by the State for such license or credential; and (ii) submit each year to the Secretary a report on the exams administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report the number of veterans who completed an exam administered by the State under clause (i) and a description of the results of such exams, disaggregated by occupational field. (B) The Secretary may waive the requirement under subparagraph (A) that a State establish a program described in that subparagraph as a condition of a grant or contract if the State certifies to the Secretary that the State— (i) takes into account previous military training for the purposes of issuing licenses or credentials; (ii) permits veterans to completely satisfy through examination any training or testing requirements for a license or credential with respect to which a veteran has previously completed military training; and (iii) for any credential or license for which a veteran is unable to completely satisfy such requirements through examination, the State substantially reduces training time required to satisfy such requirement based on the military training received by the veteran. (C) Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii). . (b) Effective date (1) Exams Subparagraph (A) of section 4102A(c)(9) (2) Reports Subparagraph (B) of such section 4102A(c)(9), as so added, shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than two years after the date of the enactment of this Act. 413. Grants to hire veterans as first responders (a) Grants for firefighters The Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a (b) Grants for law enforcement officers The Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. (c) Priority In awarding grants under this section to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (d) Funding (1) Department of Homeland Security There is authorized to be appropriated for fiscal year 2015 for the Department of Homeland Security, $125,000,000 to carry out subsection (a). (2) Department of Justice There is authorized to be appropriated for fiscal year 2015 for the Department of Justice, $125,000,000 to carry out subsection (b). (3) Availability The amounts authorized to be appropriated by this subsection shall be available for expenditure through September 30, 2018. 414. Employment of veterans as evaluation factor in the awarding of Federal contracts (a) Civilian contracts (1) In general Chapter 33 3312. Employment of veterans as evaluation factor The head of each executive agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce. . (2) Clerical amendment The table of sections at the beginning of 33 chapter of such title is amended by adding after the item relating to section 3311 the following new item: 3312. Employment of veterans as evaluation factor. . (b) Defense contracts (1) In general Chapter 137 2336. Employment of veterans as evaluation factor The head of each agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce. . (2) Clerical amendment The table of sections at the beginning of chapter 137 2336. Employment of veterans as evaluation factor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out the provisions of section 3313 section 2336 415. Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market (a) In general Not later than 570 days after the date of the enactment of this act, the Secretary of Labor, in coordination with the heads of such agencies as the Secretary considers appropriate, shall submit to the appropriate committees of Congress a report on barriers and potential discrimination facing veterans in the labor market. (b) Contents The report required by subsection (a) shall include the following: (1) An evaluation of the following: (A) The extent to which members of the reserve components of the Armed Forces and veterans face barriers to entry into the civilian labor market, including whether such members and veterans face obstacles in obtaining employment, maintaining employment, or receiving promotions while employed. (B) The extent to which a member of a reserve component of the Armed Forces or a veteran faces discrimination in the civilian labor market based on the member's or veteran's status as a member of a reserve component of the Armed Forces or as a veteran, as the case may be. (C) The adequacy and effectiveness of Federal laws in effect on the day before the date of the enactment of this Act in preventing or ameliorating acts of discrimination against members of the reserve components of the Armed Forces and veterans seeking or retaining employment in the civilian labor market. (D) The adequacy and effectiveness of programs of the Department of Labor in effect on the day before the date of the enactment of this Act in educating private sector employers on matters relevant to hiring and employing veterans and the military experience of veterans. (2) Such recommendations as the Secretary may have for legislative or administrative action— (A) to address barriers or discrimination that members of the reserve components of the Armed Forces and veterans may face in the civilian labor market; (B) to improve education and outreach for employers in the civilian labor market on issues regarding hiring and employing such members and veterans; and (C) to assist employers in the civilian labor market in matching the military experience of such members and veterans with the needs of such employers. (3) Such other matters as the Secretary considers appropriate. (c) Appropriate committees of congress In this section, the term appropriate committees of Congress (1) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. C Program on Career Transition 421. Program on provision of career transition services to young veterans (a) In general Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, carry out a program to assess the feasibility and advisability of establishing a program to provide career transition services to eligible individuals— (1) to provide eligible individuals with work experience in the civilian sector; (2) to increase the marketable skills of eligible individuals; (3) to assist eligible individuals in obtaining long-term employment; and (4) to assist in integrating eligible individuals into their local communities. (b) Eligible individuals For purposes of the program, an eligible individual is an individual who— (1) is— (A) a veteran of the Armed Forces who was discharged or released from service therein under conditions other than dishonorable; or (B) a member of a reserve component of the Armed Forces (including the National Guard) who— (i) served on active duty in the Armed Forces (other than active duty for training) for more than 180 consecutive days during the three-year period ending on the date of application for participation in the program; and (ii) is not serving on active duty on the date of commencement of participation in the program; (2) if discharged or released from the Armed Forces on the date of commencement of participation in the program, was so discharged or released not later than three years before application for participation in the program; (3) is unemployed or underemployed, as determined by the Secretary; and (4) is, at the time at which the individual applies for participation in the program, 18 years of age or older, but not more than 30 years of age. (c) Eligible employers (1) In general For purposes of the program, an eligible employer is an employer determined by the Secretary to meet such criteria for participation in the program as the Secretary shall establish for purposes of the program. (2) Past performance on certain matters The criteria established by the Secretary under paragraph (1) may include past performance of an employer with respect to the following: (A) Job training, basic skills training, and related activities. (B) Financial accountability. (C) Demonstrated high potential for growth and long-term job creation. (3) For-profit and not-for-profit employers The employers determined by the Secretary to be eligible employers under paragraph (1) may include both for-profit and not-for-profit employers. (4) Small business concerns In determining employers to be eligible employers under paragraph (1), the Secretary shall ensure that small business concerns are afforded opportunities to participate in the program. (5) Exclusions The following employers may not be determined to be an eligible employer under paragraph (1): (A) An agency of the Federal Government or a State or local government. (B) An employer that has previously participated in the program and, as determined by the Secretary, failed to abide by any requirement of the program. (C) An employer that cannot give an assurance to the Secretary at the time of application for participation in the program under subsection (l), and in such manner as the Secretary shall specify pursuant to that subsection, on each matter as follows: (i) That the employer has not been investigated or subject to a case or action by the Federal Trade Commission during the 180-day period ending on the date the employer would otherwise commence participation in the program. (ii) That the employer has been in good standing with a State business bureau during the period described in clause (i). (iii) That the employer is not delinquent with respect to payment of any taxes or employer contributions described under section 3301 and 3302 (a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)). (iv) That the employer would not request the placement of an additional eligible individual under the program, if after such additional placement, the number of eligible individuals placed in internships at such employer under the program would constitute more than 10 percent of the eligible employer’s workforce. For purposes of the previous sentence, being an intern under the program placed at an employer shall be considered part of the employer’s workforce. (v) That the employer has the intention of retaining eligible participants after such participants have completed participation in the program. (d) Duration The Secretary shall carry out the program during the three-year period beginning on the date of the commencement of the program. (e) Career transition services For purposes of the program, career transition services are the following: (1) Internships under subsection (f). (2) Mentorship and job-shadowing under subsection (g). (3) Volunteer opportunities under subsection (h). (4) Professional skill workshops under subsection (i). (5) Skills assessment under subsection (j). (6) Additional services under subsection (k). (f) Internships (1) In general For each eligible individual whom the Secretary approves for participation in the program, the Secretary shall attempt to place such eligible individual in an internship on a full-time basis with an eligible employer whom the Secretary has approved for participation in the program. (2) Duration Each internship under the program shall be for a period of one year. (3) Wages (A) In general The Secretary shall furnish pay and benefits to each eligible individual participating in an internship under the program for the duration of such participation in an aggregate amount not to exceed $25,000. (4) Employment status For purposes of the Patient Protection and Affordable Care Act ( Public Law 111–148 (5) Relation to other Federal assistance Notwithstanding any other provision of law, pay received by an individual under this subsection may not be used in any calculation to determine the eligibility of such individual for any Federal program for the purpose of obtaining child care assistance. (g) Mentorship and job-Shadowing (1) In general As a condition of an eligible employer's participation in the program and the placement of an eligible individual in an internship at the eligible employer, the eligible employer shall provide each eligible individual placed in an internship at the eligible employer under the program with at least one mentor who is an employee of the eligible employer. (2) Job-shadowing and career counseling To the extent practicable, a mentor assigned to an eligible individual participating in the program shall provide such eligible individual with job shadowing and career counseling. (h) Volunteer opportunities (1) In general As a condition on participation in the program, each eligible individual who participates in the program shall, not less frequently than once each month in which the eligible individual participates in the program, engage in a qualifying volunteer activity in accordance with guidelines the Secretary shall establish. (2) Qualifying volunteer activities For purposes of this subsection, a qualifying volunteer activity is any activity the Secretary considers related to providing assistance to, or for the benefit of, a veteran. Such activities may include the following: (A) Outreach. (B) Assisting an organization recognized by the Secretary for the representation of veterans under section 5902 (C) Service benefitting a veteran in a State home or a Department of Veterans Affairs medical facility. (D) Service benefitting a veteran at an institution of higher education. (i) Professional skills workshops (1) In general The Secretary shall provide eligible individuals participating in the program with workshops for the development and improvement of the professional skills of such eligible individuals. (2) Tailored The workshops provided by the Secretary shall be tailored to meet the particular needs of eligible individuals participating in the program as determined under subsection (j). (3) Topics The workshops provided to eligible individuals participating in the program may include workshops for the development of such professional skills as the Secretary considers appropriate, which may include the following: (A) Written and oral communication skills. (B) Basic word processing and other computer skills. (C) Interpersonal skills. (4) Manner of presentation Workshops on particular topics shall be provided through such means as may be appropriate, effective, and approved of by the Secretary for purposes of the program. Such means may include use of electronic communication. (5) Assessments The Secretary shall conduct an assessment of a participant in a workshop conducted under this subsection to assess the participant’s knowledge acquired as a result of participating in the workshop. (j) Skills assessment (1) In general Under the program, the Secretary shall develop and implement an objective assessment of eligible individuals participating in the program to assist in the placement of such individuals in internships under subsection (f) and to assist in the tailoring of workshops under subsection (i). (2) Elements The assessment may include an assessment of the skill levels and service needs of each participant, which may include a review of basic professional entry-level skills, prior work experience, employability, and the individual's interests. (k) Additional services (1) In general Except as provided in paragraph (2), the Secretary shall, under the program, furnish the following services to an eligible individual participating in the program when assessment under subsection (j) indicates such services are appropriate: (A) Counseling, such as job counseling and career counseling. (B) Job search assistance. (C) Follow-up services with participants that are offered unsubsidized employment by the employer with whom they were assigned. (D) Transportation, as described in paragraph (3). (2) Referrals In lieu of furnishing a service to an eligible individual under paragraph (1), the Secretary may refer such eligible individual to another Federal, State, or local government program that provides such service. (3) Transportation In accordance with criteria established by the Secretary for purposes of the program, the Secretary may pay an allowance based upon mileage, of any eligible individual placed in an internship under the program not in excess of 75 miles to or from a facility of the eligible employer or other place in connection with such internship. (l) Participation (1) Application (A) In general An eligible employer or eligible individual seeking to participate in the program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary shall specify. (B) Requirements for eligible employers An application submitted by an eligible employer under subparagraph (A) shall include a certification or other information, in such form and manner as the Secretary shall specify, on each of the assurances required by subsection (c)(5)(C), including the assurance that the employer has the intention of retaining eligible participants after they have completed participation in the program as provided in clause (v) of that subsection. (2) Time of application for certain eligible individuals A member of the Armed Forces on active duty who expects to be an eligible individual described in subsection (b)(1)(A) upon discharge or release from the Armed Forces may submit an application to participate in the program not earlier than 180 days before the date on which the member expects to be discharged or released from the Armed Forces. A member who submits such an application shall be treated as unemployed or underemployed for purposes of subsection (b)(2) if the member has not accepted an offer of employment after discharge or release as of the time of the submittal of the application. (3) Delimiting date for commencement of participation by individuals An eligible individual may not commence participation in the program after the date that is two years after the date of the commencement of the program. (4) Selection The Secretary shall review each application submitted by an applicant under paragraph (1) and approve or disapprove the applicant for participation in the program. (m) Grants (1) In general The Secretary may award grants to eligible entities to assist the Secretary in carrying out the program. (2) Eligible entities For purposes of the program, an eligible entity is a nonprofit organization. (3) Considerations In awarding grants under this subsection, the Secretary may consider whether an eligible entity— (A) has an understanding of the unemployment problems of eligible individuals and members of the Armed Forces transitioning from service in the Armed Forces to civilian life; and (B) has the capability to assist the Secretary in administering effectively the program and providing career transition services to eligible individuals. (4) Use of funds Amounts received by a recipient of a grant under this subsection may be used as the Secretary considers appropriate for purposes of the program, including as follows: (A) To assist the Secretary in carrying out the program. (B) To recruit eligible employers and eligible individuals to participate in the program. (C) To match eligible individuals participating in the program with internship opportunities at eligible employers participating in the program. (D) To coordinate and carry out job placement and other employer outreach activities. (n) Outreach (1) In general The Secretary of Veterans Affairs and the Secretary of Labor shall jointly carry out a program of outreach to inform eligible employers and eligible individuals about the program and the benefits of participating in the program. (2) Included locations and groups The Secretary of Veterans Affairs and the Secretary of Labor shall ensure that any outreach program and activities conducted under paragraph (1) include, to the extent practicable, rural communities, tribal lands of the United States, Native Americans, and tribal organizations (as defined in section 3765 (o) Awards for outstanding contributions to program (1) In general Each year of the program, the Secretary of Veterans Affairs may recognize one or more eligible employers or one or more eligible individuals participating in the program for demonstrating outstanding achievement in carrying out or in contributing to the success of the program. (2) Criteria The Secretary shall establish such selection procedures and criteria as the Secretary considers appropriate for the award of recognition under this subsection. (p) Minimization of administrative burden on participating employers The Secretary shall take such measures as may be necessary to minimize administrative burdens incurred by eligible employers due to participation in the program. (q) Reports (1) In general Not later than 45 days after the completion of the first year of the program and not later than 180 days after the completion of the second and third years of the program, the Secretary shall submit to Congress a report on the program. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) An evaluation of the program. (B) The number and characteristics of participants in the program. (C) The number and types of internships in which eligible individuals were placed under the program. (D) The number of individuals who obtained long-term full-time unsubsidized employment positions after participation in the program, the hourly wage and nature of such employment, and if available, whether such individuals were still employed in such positions three months after obtaining such positions. (E) An assessment of the feasibility and advisability of providing career transition services to eligible individuals. (F) An assessment of the effect of the program on earnings of eligible individuals and the employment of eligible individuals. (G) Such recommendations for legislative and administrative action as the Secretary may have to improve the program, to expand the program, or to improve the employment of eligible individuals. (r) Funding limitations (1) Wages for internships Not less than 95 percent of amounts authorized to be appropriated for the program by subsection (t) shall be used to provide pay under subsection (f)(3). (2) Administration Not more than 5 percent of amounts authorized to be appropriated for the program by subsection (t) may be used to administer the program. (s) Definitions In this section: (1) Active duty, Armed Forces, reserve component, and veteran The terms active duty Armed Forces reserve component veteran section 101 (2) Full-time basis The term full-time basis (3) Small business concern The term small business concern 15 U.S.C. 632(a) (4) Unemployment compensation The term unemployment compensation (t) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $600,000,000 to carry out this section. The amount so authorized to be appropriated shall remain available until expended. D Improving employment and reemployment rights of members of the uniformed services 431. Enforcement of rights of members of uniformed services with respect to States and private employers (a) Action for relief Subsection (a) of section 4323 (1) in paragraph (1)— (A) by striking appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and (B) by striking for such person (C) by striking the fourth sentence; and (D) by adding at the end the following: The person on whose behalf the complaint is referred may, upon timely application, intervene in such action, and may obtain such appropriate relief as is provided in subsections (d) and (e). (2) by striking paragraph (2) and inserting the following new paragraph (2): (2) (A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted— (i) if the Attorney General has made a decision to commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and (ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. (B) If the Attorney General notifies a person that the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision. ; (3) by redesignating paragraph (3) as paragraph (4); (4) by inserting after paragraph (2) the following new paragraph (3): (3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights and benefits provided for under this chapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of such rights and benefits, the Attorney General may commence an action for relief under this chapter. ; and (5) in paragraph (4), as redesignated by paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph (C): (C) has been notified by the Attorney General that the Attorney General does not intend to commence an action for relief under paragraph (1) with respect to the complaint under such paragraph. . (b) Standing Subsection (f) of such section is amended to read as follows: (f) Standing An action under this chapter may be initiated only by the Attorney General or by a person claiming rights or benefits under this chapter under subsection (a). . (c) Conforming amendment Subsection (h)(2) of such section is amended by striking under subsection (a)(2) under paragraph (1) or (4) of subsection (a) 432. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services (a) In general Subchapter III of chapter 43 4328. Suspension, termination, or debarment of contractors (a) Grounds for suspension, termination, or debarment Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly been convicted of failing or refusing to comply with one or more provisions of this chapter. (b) Effect of debarment A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years. . (b) Clerical amendment The table of sections at the beginning of chapter 43 4328. Suspension, termination, or debarment of contractor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4328 (d) Effective date Section 4328 chapter 43 (e) Annual report Section 4332(a) (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): (10) The number of suspensions, terminations, and debarments under section 4328 . 433. Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies Section 4324 (e) (1) In order to carry out the Special Counsel’s responsibilities under this section, the Special Counsel may require by subpoena the attendance and testimony of Federal employees and the production of documents from Federal employees and Federal executive agencies. (2) In the case of contumacy or failure to obey a subpoena issued under paragraph (1), upon application by the Special Counsel, the Merit Systems Protection Board may issue an order requiring a Federal employee or Federal executive agency to comply with a subpoena of the Special Counsel. (3) An order issued under paragraph (2) may be enforced by the Merit Systems Protection Board in the same manner as any order issued under section 1204 . 434. Issuance and service of civil investigative demands by Attorney General (a) In general Section 4323 (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection (i): (i) Issuance and service of civil investigative demands (1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this subchapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring— (A) the production of such documentary material for inspection and copying; (B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (C) the production of any combination of such documentary material or answers. (2) The provisions of section 3733 (A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter; (B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath; (C) the definitions relating to false claims law (D) provisions relating to qui tam relators shall not apply. . (b) Effective date Subsection (i) of section 4323 chapter 43 (c) Annual reports Section 4332(b)(2) (1) by striking Not later than (A) In general Not later than ; and (2) by adding at the end the following new subparagraph: (B) Annual supplement on civil investigative demands (i) In general The Attorney General shall include with each report submitted under subparagraph (A) for the last quarter of each fiscal year a report on the issuance of civil investigative demands under section 4323(i) (ii) Elements Each report submitted under clause (i) shall include the following for the fiscal year covered by the report: (I) The number of times that a civil investigative demand was issued under section 4323(i) (II) For each civil investigative demand issued under such section with respect to an investigation, whether such investigation resulted in a settlement, order, or judgment. . E Small Business Matters 441. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans Section 8127(l) (1) in paragraph (2), by inserting unconditionally owned by (2) by adding at the end the following new paragraph: (3) The term unconditionally owned . 442. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners (a) In general Section 8127(h) (1) in paragraph (3), by striking rated as disability. (2) in paragraph (2), by amending subparagraph (C) to read as follows: (C) The date that— (i) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or (ii) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to applications received pursuant to section 8127(f)(2) 443. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences (a) In general Section 8127 (1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and (2) by inserting after subsection (h) the following new subsection (i): (i) Treatment of businesses after death of servicemember-Owner (1) If a member of the Armed Forces owns at least 51 percent of a small business concern and such member is killed in line of duty in the active military, naval, or air service, the surviving spouse or dependent child of such member who acquires such ownership rights in such small business concern shall, for the period described in paragraph (2), be treated as if the surviving spouse or dependent child were a veteran with a service-connected disability for purposes of determining the status of the small business concern as a small business concern owned and controlled by veterans for purposes of contracting goals and preferences under this section. (2) The period referred to in paragraph (1) is the period beginning on the date on which the member of the Armed Forces dies and ending on the date as follows: (A) In the case of a surviving spouse, the earliest of the following dates: (i) The date on which the surviving spouse remarries. (ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. (iii) The date that is ten years after the date of the member's death. (B) In the case of a dependent child, the earliest of the following dates: (i) The date on which the surviving dependent child relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. (ii) The date that is ten years after the date of the member's death. . (b) Effective date Subsection (i) of section 8127 444. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States Section 8127, as amended by section 443 of this Act, is further amended by adding at the end the following new subsection: (n) Special rule for community property States Whenever the Secretary assesses, for purposes of this section, the degree of ownership by an individual of a small business concern licensed in a community property State, the Secretary shall also assess what that degree of ownership would be if such small business concern had been licensed in a State other than a community property State. If the Secretary determines that such individual would have had a greater degree of ownership of the small business concern had such small business concern been licensed in a State other than a community property State, the Secretary shall treat, for purposes of this section, such small business concern as if it had been licensed in a State other than a community property State. . 445. Report on assistance for veterans in obtaining training on purchasing and operating a franchise (a) Report required Not later than one year after the effective date specified in subsection (c), the Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Administrator of the Small Business Administration, and other appropriate entities, submit to Congress a report on the assistance available to veterans to obtain training necessary to purchase and operate a franchise. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the assistance available for veterans through the Department of Labor, the Department of Veterans Affairs, the Small Business Administration, or any other agency of the Federal Government in order to obtain training necessary to purchase or operate a franchise. (2) Information on the number of veterans who have sought and obtained the training described in paragraph (1) during the five calendar years preceding the report. (3) A description of any barriers encountered by veterans in obtaining the training described in paragraph (1). (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. V Accountability and Administrative Improvements 501. Administration of Veterans Integrated Service Networks (a) Veterans Integrated Service Networks (1) In general Subchapter I of chapter 73 7310. Veterans Integrated Service Networks (a) Organization (1) The Secretary shall organize the Veterans Health Administration in geographically defined Veterans Integrated Service Networks. (2) Each Veterans Integrated Service Network shall be organized in consideration of the following: (A) The size of the veteran population of the region of the network. (B) The complexity of the medical needs of the veterans in such region. (C) Patient referral patterns. (D) The availability of a full continuum of health care services. (E) The ability of the Department to furnish health care efficiently. (F) Partnerships with non-Department health care entities. (b) Staffing model (1) The Secretary shall establish a staffing model for each Veterans Integrated Service Network that— (A) is appropriate for the mission and responsibilities of the Veterans Integrated Service Network; and (B) accounts for the specific health care needs of differing populations in the Veterans Integrated Service Network. (2) The Secretary shall ensure that each Veterans Integrated Service Network complies with the staffing model established by the Secretary under paragraph (1) for such Veterans Integrated Service Network. (c) Integrated health care system The Secretary shall ensure that each Veterans Integrated Service Network maintains a regional integrated healthcare system by— (1) implementing alliances with such other governmental, public, and private health care organizations and practitioners as the Secretary considers appropriate to meet the needs of veterans in the Network; (2) providing oversight and management of, and taking responsibility for, a regional budget for the activities of the Veterans Health Administration in the geographic area of the Network that is— (A) aligned with the budget guidelines of the Department and the Veterans Health Administration; (B) balanced at the end of each fiscal year; and (C) sufficient to provide high-quality health care to veterans within the region and to meet any unique needs of the veterans of the region; (3) using national metrics to develop systems to provide effective, efficient, and safe delivery of health care; and (4) ensuring high-quality clinical programs and services are rendered in and through— (A) the medical centers and outpatient clinics of the Department that are located in the Network; and (B) other non-Department clinical or health care delivery settings located in the Network. (d) Reduction in duplicate functions The Secretary shall ensure that the Veterans Integrated Service Networks identify and reduce, whenever practicable, the duplication of functions in clinical, administrative, and operational processes and practices of the Veterans Health Administration. (e) Collaboration and cooperation The Secretary shall ensure that each Veterans Integrated Service Network— (1) works to achieve maximum effectiveness in patient care and safety, graduate medical education, and research; and (2) assesses the consolidation or realignment of institutional functions, including capital asset, safety, and operational support functions, in collaboration and cooperation with other Veterans Integrated Service Networks and the following offices or entities within the geographical area of the Network: (A) The offices of the Veterans Benefits Administration and the National Cemetery Administration. (B) The offices, installations, and facilities of the Department of Defense, including the offices, installations, and facilities of each branch of the Armed Forces and the reserve components of the Armed Forces. (C) The offices, installations, and facilities of the Coast Guard. (D) Offices of State and local agencies that have a mission to provide assistance to veterans. (E) Medical schools and other affiliates. (F) Offices of Congress, offices of State and local elected officials, and other government offices. (G) Federal, State, and local emergency preparedness organizations. (H) Community and nonprofit organizations. (I) Such other entities of the Federal Government as the Secretary considers appropriate. (f) Headquarters (1) The Secretary shall ensure that each Veterans Integrated Service Network has only one headquarters office. (2) The location of a headquarters office for a Veterans Integrated Service Network shall be determined by the Secretary and co-located with a Department of Veterans Affairs medical center. (3) (A) The Secretary may employ or contract for the services of such full time equivalent employees and contractors at the headquarters of each Veterans Integrated Service Network as the Secretary considers appropriate in accordance with the staffing models established under subsection (b). (B) Not later than December 31 each year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on employment at the headquarters of Veterans Integrated Service Networks during the most recently completed fiscal year. (C) Each report submitted under subparagraph (B) shall include the following for the year covered by the report: (i) The number of individuals employed at each headquarters of a Veterans Integrated Service Network. (ii) The number of individuals employed by the Veterans Health Administration in each Veterans Integrated Service Network who are not employed at the same location as the headquarters of the Network. (iii) The title for each position of employment at a headquarters of a Veterans Integrated Service Network. (iv) The title for each position of employment with the Veterans Health Administration in each Veterans Integrated Service Network that is not at the same location as the headquarters of the Network. (v) An assessment of the impact on the budget of the Department by the employment of individuals at the headquarters of the Veterans Integrated Service Networks. (g) Triennial structure review, reassessment, and report (1) Beginning three years after the date of the enactment of this section and not less frequently than once every three years thereafter, the Secretary shall conduct a review and assessment of the structure and operations of the Veterans Integrated Service Networks in order to identify recommendations— (A) for streamlining and reducing costs associated with the operation of each headquarters of a Veterans Integrated Service Network; and (B) for reducing costs of health care within the Veterans Health Administration. (2) Not later than 180 days after conducting a review and assessment under paragraph (1), the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such review and assessment, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate to improve the Veterans Integrated Service Networks. . (2) Clerical amendment The table of sections at the beginning of chapter 73 7310. Veterans Integrated Service Networks. . (b) Relocation of headquarters (1) In general In the case of a headquarters office of a Veterans Integrated Service Network that on the day before the date of the enactment of this Act was in a location that was not co-located with a Department of Veterans Affairs medical center and the Secretary is engaged in a lease for such location, the Secretary may— (A) relocate such headquarters upon the expiration of such lease so that such headquarters is co-located as required by section 7310(f)(2) (B) notwithstanding such section 7310(f)(2) (as so added), renew such lease or enter into a new lease to keep such headquarters in such location. (2) Report If the Secretary renews a lease or engages in a new lease under paragraph (1)(B), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before renewing such lease or engaging in such lease, a report describing the reasons for such renewal or engagement. Such report shall include the following: (A) A list of Department of Veterans Affairs medical centers in the Veterans Integrated Service Network of the headquarters with underutilized buildings, the number of such buildings, and the total underutilized square footage for each such medical center. (B) The cost of the current lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the current square footage being leased. (C) The cost of the new lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. (c) Construction Nothing in this section shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A vet center (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is one year after the date of the enactment of this Act. 502. Regional support centers for Veterans Integrated Service Networks (a) In general Subchapter I of chapter 73, as amended by section 501(a)(1) of this Act, is further amended by adding at the end the following new section: 7310A. Regional support centers for Veterans Integrated Service Networks (a) Establishment The Secretary shall establish not more than four regional support centers within the Veterans Health Administration to assess the effectiveness and efficiency of the Veterans Integrated Service Networks. The head of each regional support center shall report to the Under Secretary of Health. (b) Functions The functions of the regional support centers established under subsection (a) are as follows: (1) To assess the quality of work performed within finance operations and other compliance related activities of the Veterans Integrated Service Networks. (2) To assess how effectively and efficiently each Veterans Integrated Service Network conducts outreach to veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, or any other contingency operation (as that term is defined in section 101 (3) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs for the benefit of women veterans. (4) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs that address homelessness among veterans. (5) To assess how effectively and efficiently each Veterans Integrated Service Network consumes energy. (6) To assess such other matters concerning the operations and activities of the Veterans Integrated Service Networks as the Secretary considers appropriate. (c) Staff The Secretary may hire such employees and contractors as the Secretary considers appropriate to carry out the functions of the regional support centers. (d) Location of regional support centers (1) Except as provided in paragraph (2), the location of each regional support center established under subsection (a) shall be determined by the Secretary and co-located with a medical center of the Department. (2) The Secretary may choose a location for a regional support center established under subsection (a) that is not co-located with a medical center of the Department if the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before entering into a contract for a location that is not co-located with a medical center, a report describing the reasons for choosing a location for the regional support center that is not co-located with a medical center of the Department. Such report shall include the following: (A) A list of medical centers of the Department in the Veterans Integrated Service Network of the regional support center with underutilized buildings, the number of all Veterans Health Administration buildings in such Network, and the total underutilized square footage for each medical center of the Department in such Network. (B) The estimated cost of such lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. . (b) Initial staffing In providing for the initial staff of each regional support center established under section 7310A(a) section 7310A(b) (c) Clerical amendment The table of sections at the beginning of chapter 73, as amended by section 501(a)(2) of this Act, is further amended by inserting after the item relating to section 7310 the following new item: 7310A. Regional support centers for Veterans Integrated Service Networks. . (d) Construction Nothing in this section shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A vet center (e) Effective date This section, and the amendments made by this section, shall take effect on the date that is one year after the date of the enactment of this Act. 503. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (a) Establishment of commission (1) Establishment There is established the Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall, subject to subparagraph (B), be composed of 10 voting members as follows: (i) 1 shall be appointed by the President. (ii) 1 shall be appointed by the Administrator of General Services. (iii) 3 shall be appointed by the Secretary of Veterans Affairs, of whom— (I) 1 shall be an employee of the Veterans Health Administration; (II) 1 shall be an employee of the Office of Asset Enterprise Management of the Department of Veterans Affairs; and (III) 1 shall be an employee of the Office of Construction and Facilities Management of the Department of Veterans Affairs. (iv) 1 shall be appointed by the Secretary of Defense from among employees of the Army Corps of Engineers. (v) 1 shall be appointed by the majority leader of the Senate. (vi) 1 shall be appointed by the minority leader of the Senate. (vii) 1 shall be appointed by the Speaker of the House of Representatives. (viii) 1 shall be appointed by the minority leader of the House of Representatives. (B) Requirement relating to certain appointments of voting members Of the members appointed pursuant to clause (i), (ii), and (iv) through (viii) of subparagraph (A), all shall have expertise in capital leasing, construction, or health facility management planning. (C) Non-voting members The Commission shall be assisted by 10 non-voting members, appointed by the vote of a majority of members of the Commission under subparagraph (A), of whom— (i) 6 shall be representatives of veterans service organizations recognized by the Secretary of Veterans Affairs; and (ii) 4 shall be individuals from outside the Department of Veterans Affairs with experience and expertise in matters relating to management, construction, and leasing of capital assets. (D) Date of appointment of voting members The appointments of the members of the Commission under subparagraph (A) shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than 15 days after the date on which 7 members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chair. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chair and vice chair The Commission shall select a Chair and Vice Chair from among its members. (b) Duties of commission (1) In general The Commission shall undertake a comprehensive evaluation and assessment of various options for capital planning for Department of Veterans Affairs medical facilities, including an evaluation and assessment of the mechanisms by which the Department currently selects means for the delivery of health care, whether by major construction, major medical facility leases, sharing agreements with the Department of Defense, the Indian Health Service, and Federally Qualified Health Clinics under section 330 of the Public Health Service Act ( 42 U.S.C. 254b (2) Context of evaluation and assessment In undertaking the evaluation and assessment, the Commission shall consider— (A) the importance of access to health care through the Department, including associated guidelines of the Department on access to, and drive time for, health care; (B) limitations and requirements applicable to the construction and leasing of medical facilities for the Department, including applicable laws, regulations, and costs as determined by both the Congressional Budget Office and the Office of Management and Budget; (C) the nature of capital planning for Department medical facilities in an era of fiscal uncertainty; (D) projected future fluctuations in the population of veterans; and (E) the extent to which the Department was able to meet the mandates of the Capital Asset Realignment for Enhanced Services Commission. (3) Particular considerations In undertaking the evaluation and assessment, the Commission shall address, in particular, the following: (A) The Major Medical Facility Lease Program of the Department, including an identification of potential improvements to the lease authorization processes under that Program. (B) The management processes of the Department for its Major Medical Facility Construction Program, including processes relating to contract award and management, project management, and processing of change orders. (C) The overall capital planning program of the Department for medical facilities, including an evaluation and assessment of— (i) the manner in which the Department determines whether to use capital or non-capital means to expand access to health care; (ii) the manner in which the Department determines the disposition of under-utilized and un-utilized buildings on campuses of Department medical centers, and any barriers to disposition; (iii) the effectiveness of the facility master planning initiative of the Department; and (iv) the extent to which sustainable attributes are planned for to decrease operating costs for Department medical facilities. (D) The current backlog of construction projects for Department medical facilities, including an identification of the most effective means to quickly secure the most critical repairs required, including repairs relating to facility condition deficiencies, structural safety, and compliance with the Americans With Disabilities Act of 1990. (4) Reports Subject to paragraph (5), the Commission shall submit to the Secretary of Veterans Affairs, and to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, reports as follows: (A) Not later than six months after its initial meeting under subsection (a)(4), a report on the Major Medical Facility Lease Program and the Congressional lease authorization process. (B) Not later than one year after its initial meeting, a report— (i) on the management processes of the Department for the construction of Department medical facilities; and (ii) setting forth an update of any matters covered in the report under subparagraph (A). (C) Not later than 18 months after its initial meeting, a report— (i) on the overall capital planning program of the Department for medical facilities; and (ii) setting forth an update of any matters covered in earlier reports under this paragraph. (D) Not later than two years after its initial meeting, a report— (i) on the current backlog of construction projects for Department medical facilities; (ii) setting forth an update of any matters covered in earlier reports under this paragraph; and (iii) including such other matters relating to the duties of the Commission that the Commission considers appropriate. (E) Not later than 27 months after its initial meeting, a report on the implementation by the Secretary of Veterans Affairs pursuant to subsection (g) of the recommendations included pursuant to paragraph (5) in the reports under this paragraph. (5) Recommendations Each report under paragraph (4) shall include, for the aspect of the capital asset planning process of the Department covered by such report, such recommendations as the Commission considers appropriate for the improvement and enhancement of such aspect of the capital asset planning process. (c) Powers of commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 section 5316 (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chair of the Commission may procure temporary and intermittent services under section 3109(b) section 5316 (e) Termination of commission The Commission shall terminate 60 days after the date on which the Commission submits its report under subsection (b)(4)(E). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission such amounts as the Secretary and the Chair of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Action on recommendations (1) In general The Secretary of Veterans Affairs shall implement each recommendation included in a report under subsection (b)(4) that the Secretary considers feasible and advisable and can be implemented without further legislative action. (2) Reports Not later than 120 days after receipt of a report under subparagraphs (A) through (D) of subsection (b)(4), the Secretary shall submit to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in such report. (B) For each recommendation assessed as feasible and advisable— (i) if such recommendation does not require further legislative action for implementation, a description of the actions taken, and to be taken, by the Secretary to implement such recommendation; and (ii) if such recommendation requires further legislative action for implementation, recommendations for such legislative action. 504. Advance appropriations for certain accounts of the Department of Veterans Affairs (a) In general Section 117 (1) by striking medical care accounts of the Department covered accounts of the Department (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account accounts of the Department of Veterans Affairs account (B) in paragraph (1), by inserting Veterans Health Administration, (1) (C) in paragraph (2), by inserting Veterans Health Administration, (2) (D) in paragraph (3), by inserting Veterans Health Administration, (3) (E) by redesignating paragraphs (1) through (3) as paragraphs (7) through (9), respectively; (F) by inserting before paragraph (7), as redesignated by subparagraph (E), the following new paragraphs: (1) Veterans Benefits Administration, Compensation and Pensions. (2) Veterans Benefits Administration, Readjustment Benefits. (3) Veterans Benefits Administration, Veterans Insurance and Indemnities. (4) Veterans Benefits Administration, Veterans Housing Benefit Program Fund. (5) Veterans Benefits Administration, Vocational Rehabilitation Loans Program Account. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. ; and (G) in the subsection heading, by striking Medical care accounts Covered accounts (3) in the section heading, by striking certain medical care accounts certain accounts (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year. (c) Conforming amendment Section 1105 (37) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs: (A) Veterans Benefits Administration, Compensation and Pensions. (B) Veterans Benefits Administration, Readjustment Benefits. (C) Veterans Benefits Administration, Veterans Insurance and Indemnities. (D) Veterans Benefits Administration, Veterans Housing Benefit Program Fund. (E) Veterans Benefits Administration, Vocational Rehabilitation Loans Program Account. (F) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (G) Veterans Health Administration, Medical Services. (H) Veterans Health Administration, Medical Support and Compliance. (I) Veterans Health Administration, Medical Facilities. . (d) Technical correction Such section is further amended by redesignating the second paragraph (37), as added by section 11(a)(2) of the GPRA Modernization Act of 2010 ( Public Law 111–352 505. Public access to Department of Veterans Affairs research and data sharing between Departments (a) Establishment of Internet website The Secretary of Veterans Affairs shall make available on an Internet website of the Department of Veterans Affairs available to the public the following: (1) Data files that contain information on research of the Department. (2) A data dictionary on each data file. (3) Instructions for how to obtain access to each data file for use in research. (b) Public access to manuscripts on Department funded research (1) In general Beginning not later than 540 days after the effective date specified in subsection (e), the Secretary shall require, as a condition on the use of any data gathered or formulated from research funded by the Department, that any final, peer-reviewed manuscript prepared for publication that uses such data be submitted to the Secretary for deposit in the digital archive under paragraph (2) and publication under paragraph (3). (2) Digital archive Not later than 540 days after the effective date specified in subsection (e), the Secretary shall— (A) establish a digital archive consisting of manuscripts described in paragraph (1); or (B) partner with another executive agency to compile such manuscripts in a digital archive. (3) Public availability (A) Availability of archive The Secretary shall ensure that the digital archive under paragraph (2) and the contents of such archive are available to the public via a publicly accessible Internet website at no cost to the public. (B) Availability of manuscripts The Secretary shall ensure that each manuscript submitted to the Secretary under paragraph (1) is available to the public under subparagraph (A) not later than one year after the official date on which the manuscript is otherwise published. (4) Consistent with copyright law The Secretary shall carry out this subsection in a manner consistent with applicable copyright law. (5) Annual report (A) In general Not later than one year after the date the Secretary begins making manuscripts available to the public under this subsection and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of this subsection during the most recent one-year period. (B) Contents Each report submitted under subparagraph (A) shall include for the period of the report: (i) The number of manuscripts submitted under paragraph (1). (ii) The titles of such manuscripts. (iii) The authors of such manuscripts. (iv) For each such manuscript, the name and issue number or volume number, as the case may be, of the journal or other publication in which such manuscript was published. (c) Recommendations for data sharing between Department of Veterans Affairs and Department of Defense Not later than one year after the effective date specified in subsection (e), the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) Veterans. (2) Members of the Armed Forces. (3) Family members of veterans. (4) Family members of members of the Armed Forces. (5) Members of communities that have a significant population of veterans or members of the Armed Forces. (d) Executive agency defined In this section, the term executive agency section 133 (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration (a) Assessment of information currently available Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct an assessment of the process by which the Veterans Benefits Administration informs veterans, veterans service organizations, and such other persons as the Comptroller General considers appropriate regarding the furnishing of benefits under laws administered by the Secretary of Veterans Affairs to determine the extent to which the process results in disseminated information that— (A) adequately supports and improves the timeliness and accuracy of decisions made by the Administration with respect to claims for disability compensation and such other benefits furnished under laws administered by the Secretary of Veterans Affairs as the Comptroller General considers appropriate; and (B) encourages the filing of fully developed claims for benefits under laws administered by the Secretary; and (2) assess how the Veterans Benefits Administration notifies each claimant during, and as part of, any electronic filing process established by the Secretary for the filing of applications for disability compensation and such other benefits under laws administered by the Secretary as the Comptroller General considers appropriate that services may be available to the claimant from a veterans service organization. (b) Report Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Comptroller General under subsection (a). Such report shall include such recommendations as the Comptroller General may have for legislative or administrative action to improve the availability of information made available to the public by the Veterans Benefits Administration regarding the furnishing of benefits under laws administered by the Secretary of Veterans Affairs. (c) Veterans service organization defined In this section, the term veterans service organization section 5902 (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 507. Comptroller general report on advisory committees of the Department of Veterans Affairs (a) In general Not later than one year after the effective date specified in subsection (c), the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the advisory committees of the Department of Veterans Affairs. (b) Contents The report required by subsection (a)— (1) shall include— (A) recommendations or proposals for continuing, modifying, or terminating certain advisory committees, including noting areas of overlap and duplication among the advisory committees; and (B) such other information as the Comptroller General considers appropriate; and (2) may include— (A) a description of each advisory committee, including with respect to each committee— (i) the purpose of the committee; (ii) the commencement date of the committee; and (iii) the anticipated termination date of the committee; (B) a summary of the anticipated expenses and the actual expenses incurred for each advisory committee during the most recent three fiscal years ending before the date of the enactment of this Act; and (C) with respect to meetings held by each advisory committee— (i) the frequency with which each committee has met during the shorter of— (I) the most recent three fiscal years ending before the date of the enactment of this Act; and (II) the life of the committee; (ii) the date of the most recent meeting held by the committee before such date of enactment; and (iii) the date of the most recent report or other written product developed by the committee before such date of enactment. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. VI Improvement of Processing of Claims for Compensation A Claims Based on Military Sexual Trauma 601. Medical examination and opinion for disability compensation claims based on military sexual trauma (a) In general Section 5103A(d) (3) (A) In the case of a claim for disability compensation based on a mental health condition related to military sexual trauma, the Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)— (i) (I) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and (II) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, or air service; but (ii) does not contain a diagnosis or opinion by a mental health professional that may assist in corroborating the occurrence of a military sexual trauma stressor related to a diagnosable mental health condition. (B) In this paragraph, the term military sexual trauma sexual harassment . (b) Report Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the number of examinations and opinions conducted by the Secretary pursuant to paragraph (3) of section 5103A(d) (1) The number of examinations conducted using a standardized disability assessment. (2) The number of examinations conducted using a non-standardized clinical interview. 602. Case representative officers for military sexual trauma support (a) In general The Secretary of Veterans Affairs shall assign to each individual seeking compensation under the laws administered by the Secretary based on military sexual trauma a case representative officer who shall provide advice and general information to such individual on the claims process for such compensation. Each case representative officer so assigned shall be assigned from among current personnel of the Department of Veterans Affairs. (b) Liaison A case representative officer assigned to an individual under subsection (a) shall be responsible for serving as a liaison between the individual, an authorized agent or attorney of the individual under section 5904 (c) Case representative officer requirements (1) Competence and knowledge Each case representative officer assigned under subsection (a) shall be competent and knowledgeable about the following: (A) The claims adjudication process and applicable laws, regulations, and other authority applicable to the adjudication of disability claims based on military sexual trauma. (B) Such other services to victims of sexual trauma as the Secretary considers appropriate. (2) Limitation on number of individuals to which assigned A case representative officer may not be assigned to more individuals described in subsection (a) than, as determined by the Secretary, is appropriate for the provision of individual case management assistance by such officer. (d) Information on benefits and programs relating to military sexual trauma (1) In general The Secretary shall make available to the public information on the availability of case representative officers under subsection (a) to assist in the application for benefits based on military sexual trauma. The Secretary shall revise and update the information so made available in order to ensure that the information is as current as possible. (2) Individuals separating from military service The Secretary shall, in consultation with the Secretary of Defense, ensure that individuals who are being separated from the active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for benefits based on military sexual trauma and the availability of case representative officers under subsection (a). (e) Information on training for agents and representatives of individuals assigned case representative officer The Secretary shall make available to the authorized agent or attorney of an individual assigned a case representative under subsection (a), or to the otherwise accredited representative of the individual, any relevant materials used to train such case representative officer for the duties of such position. (f) Advisory Committee on Women Veterans consideration of mechanisms To enhance coordination between VBA and VHA on benefits for military sexual trauma The Advisory Committee on Women Veterans established under section 542 (g) Annual reports Not less frequently than annually, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the following: (1) A certification whether or not the case representative officers assigned under subsection (a) during the preceding year met the requirements specified in subsection (c). (2) A description of the current training the Secretary provides to employees of the Veterans Benefits Administration on claims for benefits based on military sexual trauma, including the frequency, length, and content of such training. (3) A description of current policies and procedures on the training the Secretary provides to case representative officers, including the current position descriptions for case representative officers. (4) A description of current efforts to coordinate activities and assistance provided to individuals who seek care or benefits for military sexual trauma between the Veterans Health Administration and Veterans Benefits Administration, including the efforts of the Advisory Committee on Women Veterans under subsection (f). (h) Sunset (1) In general No case representative officer may be assigned under subsection (a) after December 31, 2018. (2) Continuation of duties after sunset date Paragraph (1) shall not be construed to prohibit any case representative officer assigned to an individual before the date specified in that paragraph from performing duties pursuant to this section after that date with respect to a claim for which that case representative officer was assigned to such individual before that date. (i) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Military sexual trauma The term military sexual trauma sexual harassment 603. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the current standard of proof for service-connection under chapter 11 (b) Recommendations The Secretary shall include in the report under subsection (a) any recommendations the Secretary considers appropriate to improve the adjudication of claims for compensation based on military sexual trauma, including— (1) recommendations for an appropriate standard of proof for such claims if the Secretary considers such recommendations advisable; and (2) recommendations for legislative action, if necessary, to carry out such improvement. (c) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Covered mental health condition The term covered mental health condition (3) Military sexual trauma The term military sexual trauma sexual harassment 604. Reports on claims for disabilities incurred or aggravated by military sexual trauma (a) Reports Not later than December 1, 2014, and each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to Congress a report on the covered claims submitted to the Secretary during the previous fiscal year. (b) Elements Each report under subsection (a) shall include the following: (1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. (2) Of the covered claims under paragraph (1), the number and percentage of such claims— (A) submitted by each gender; (B) that were approved, including the number and percentage of such approved claims submitted by each gender; and (C) that were denied, including the number and percentage of such denied claims submitted by each gender. (3) Of the covered claims under paragraph (1) that were approved, the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability. (4) Of the covered claims under paragraph (1) that were denied— (A) the three most common reasons given by the Secretary under section 5104(b)(1) (B) the number of denials that were based on the failure of a veteran to report for a medical examination. (5) Of the covered claims under paragraph (1) that were resubmitted to the Secretary after denial in a previous adjudication— (A) the number of such claims submitted to or considered by the Secretary during the fiscal year covered by the report; (B) the number and percentage of such claims— (i) submitted by each gender; (ii) that were approved, including the number and percentage of such approved claims submitted by each gender; and (iii) that were denied, including the number and percentage of such denied claims submitted by each gender; (C) the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability; and (D) of such claims that were again denied— (i) the three most common reasons given by the Secretary under section 5104(b)(1) (ii) the number of denials that were based on the failure of a veteran to report for a medical examination. (6) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. (7) For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted. (c) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Covered claims The term covered claims (3) Military sexual trauma The term military sexual trauma sexual harassment B Claims for dependency and indemnity compensation 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims (a) In general The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of expediting the treatment of a covered dependency and indemnity compensation claim. (b) Covered dependency and indemnity compensation claims For purposes of this section, a covered dependency and indemnity compensation claim is a claim submitted to the Secretary for compensation under chapter 13 (1) applies for such compensation within one-year of the death of the veteran upon whose service the claim is based; (2) was the dependent on the claim of a veteran who was receiving benefits for one or more service-connected conditions as of the date of death; (3) submits a death certificate or other evidence with the claim indicating that the veteran’s death was due to a service-connected or compensable disability; and (4) in the case that the claimant is the spouse of the deceased veteran, certifies that he or she has not remarried since the date of the veteran’s death. (c) Duration The program shall be carried out during the one-year period beginning on the date that is 90 days after the date of the enactment of this Act. (d) Locations The program shall be carried out at the Pension Management Center of the Department of Veterans Affairs or such centers selected by the Secretary for purposes of the program. (e) Report (1) In general Not later than 270 days after the date on which the program is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (2) Contents The report required by paragraph (1) shall include the following: (A) The number of covered dependency and indemnity compensation claims that were adjudicated under the program, disaggregated by the following: (i) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the spouse of a deceased veteran. (ii) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the child of a deceased veteran. (iii) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the parent of a deceased veteran. (B) The number of covered dependency and indemnity compensation claims that were adjudicated under the program and for which compensation was not awarded, disaggregated by clauses (i) through (iii) of subparagraph (A). (C) A comparison of the accuracy and timeliness of claims adjudicated under the program with claims submitted to the Secretary for compensation under chapter 13 (D) The findings of the Secretary with respect to the program. (E) Such recommendations as the Secretary may have for legislative or administrative action to improve the adjudication of claims submitted to the Secretary for compensation under chapter 13 612. Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children (a) In general Not later than 455 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report with recommendations for legislative or administrative actions to improve the timeliness and accuracy with which the Secretary processes and adjudicates claims for compensation under chapter 13 sections 1541 1542 (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. C Agency of Original Jurisdiction 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a working group to assess and develop recommendations for the improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment. (b) Composition The working group shall be composed of the following: (1) The Secretary or the Secretary's designee. (2) Individuals selected by the Secretary from among employees of the Department of Veterans Affairs who handle claims for compensation and pension benefits and are recommended to the Secretary by a labor organization for purposes of this section, including at least one of each of the following individuals: (A) A veterans service representative. (B) A rating veterans service representative. (C) A decision review officer. (3) Not fewer than three individuals selected by the Secretary to represent different organizations recognized by the Secretary for the representation of veterans under section 5902 (4) Individuals selected by the Secretary— (A) that are not employees of the Department; and (B) that are experts in work credit and work management systems. (c) Duties The duties of the working group are to assess and develop recommendations for the following: (1) The improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment. (2) A scientific, data based methodology to be used in revising the employee work credit system of the Department to improve the quality and quantity of work produced by employees of the Department. (3) The improvement of the resource allocation model of the Veterans Benefits Administration, with a focus on the processing of claims in an electronic environment. (4) A schedule by which the revisions referred to in paragraph (2) will be implemented by the Department. (d) Review and incorporation of findings from prior study In carrying out its duties under subsection (c), the working group shall review the findings and conclusions of previous studies of the employee work credit and work management systems of the Veterans Benefits Administration. (e) Role of the Secretary The Secretary shall consider the recommendations of the working group and implement such recommendations as the Secretary determines appropriate. (f) Reports (1) Interim report Not later than 180 days after the date of the establishment of the working group, the working group shall submit to Congress a report on the progress of the working group. (2) Final report Not later than one year after the date of the establishment of the working group, the Secretary shall submit to Congress the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e). (g) Implementation of methodology and schedule After submitting the report under subsection (f), the Secretary shall take such actions as may be necessary to apply the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e). 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators (a) Establishment The Secretary of Veterans Affairs shall establish a task force to assess retention and training of claims processors and adjudicators that are employed by the Department of Veterans Affairs and other departments and agencies of the Federal Government. (b) Composition The task force shall be composed of the following: (1) The Secretary of Veterans Affairs or designee. (2) The Director of the Office of Personnel Management or designee. (3) The Commissioner of Social Security or designee. (4) An individual selected by the Secretary of Veterans Affairs who represents an organization recognized by the Secretary for the representation of veterans under section 5902 (5) Such other individuals selected by the Secretary who represent such other organizations and institutions as the Secretary considers appropriate. (c) Duration The task force established under subsection (a) shall terminate not later than two years after the date on which the task force is established under such subsection. (d) Duties The duties of the task force are as follows: (1) To identify key skills required by claims processors and adjudicators to perform the duties of claims processors and adjudicators in the various claims processing and adjudication positions throughout the Federal Government. (2) To identify reasons for employee attrition from claims processing positions. (3) To coordinate with educational institutions to develop training and programs of education for members of the Armed Forces to prepare such members for employment in claims processing and adjudication positions in the Federal Government. (4) To identify and coordinate offices of the Department of Defense and the Department of Veterans Affairs located throughout the United States to provide information about, and promotion of, available claims processing positions to members of the Armed Forces transitioning to civilian life and to veterans with disabilities. (5) To establish performance measures to evaluate the effectiveness of the task force. (6) Not later than one year after the date of the establishment of the task force, to develop a Government-wide strategic and operational plan for promoting employment of veterans in claims processing positions in the Federal Government. (7) To establish performance measures to assess the plan developed under paragraph (6), to assess the implementation of such plan, and to revise such plan as the task force considers appropriate. (e) Reports (1) Submittal of plan Not later than one year after the date of the establishment of the task force, the Secretary of Veterans Affairs shall submit to Congress a report on the plan developed by the task force under subsection (d)(6). (2) Assessment of implementation Not later than 120 days after the termination of the task force, the Secretary shall submit to Congress a report that assesses the implementation of the plan developed by the task force under subsection (d)(6). 623. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies (a) Reports required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through the date that is 910 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the attempts of the Department of Veterans Affairs to obtain records necessary to adjudicate claims for benefits from another department or agency of the Federal Government during the 180-day period ending on the date of such report. (b) Elements (1) In general Each report shall set forth the following: (A) For the period covered by such report, the following: (i) The total number of requests made by the Department. (ii) The types of records requested. (iii) The number of requests made before the receipt of each record. (iv) The amount of time between the initial request for each record and the receipt of each record. (v) The number of occurrences of the receipt of a record after the adjudication of the claim for which the record was sought. (vi) A description of the efforts of the Secretary to expedite the delivery of records to the Department from other departments and agencies of the Federal Government. (B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such report. (2) Presentation The information in a report under clause (i) through (v) of paragraph (1)(A) shall be set forth separately for each department and agency of the Federal Government covered by such report. 624. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs Section 5902(a)(1) , including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b as the Secretary may approve 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs (a) Program required The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of entering into memoranda of understanding with local governments and tribal organizations— (1) to improve the quality of claims submitted to the Secretary for compensation under chapter 11 chapter 15 (2) to provide assistance to veterans who may be eligible for such compensation or pension in submitting such claims. (b) Minimum number of participating tribal organizations In carrying out the program required by subsection (a), the Secretary shall enter into, or maintain existing, memoranda of understanding with at least— (1) two tribal organizations; and (2) 10 State or local governments. (c) Duration The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (d) Report (1) Initial report Not later than one year after the date of the commencement of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments. (B) An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary. (2) Final report Not later than 180 days after the termination of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments. (B) An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary. (C) The findings and conclusions of the Secretary with respect to the program. (D) Such recommendations for continuation or expansion of the program as the Secretary considers appropriate. (e) Tribal organization defined In this section, the term tribal organization section 3765 626. Department of Veterans Affairs notice of average times for processing compensation claims (a) Public notice The Secretary of Veterans Affairs shall, to the extent practicable, post the information described in subsection (b)— (1) in physical locations, such as Regional Offices or other claims in-take facilities, that the Secretary considers appropriate; (2) on the Internet website of the Department; and (3) through other mediums or using such other methods, including collaboration with veterans service organizations, as the Secretary considers appropriate. (b) Information described (1) In general The information described in this subsection is the average processing time of the claims described in paragraph (2). (2) Claims described The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim. (B) A claim that is not fully developed. (3) Update of information The information described in this subsection shall be updated not less frequently than once each fiscal quarter. (c) Expiration of requirements The requirements of subsection (a) shall expire on December 31, 2015. (d) Veterans service organization defined In this section, the term veterans service organization section 5902 627. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated (a) In general Not later than 90 days after the date of the enactment of this Act and not less frequently than quarterly thereafter through calendar year 2015, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the backlog of claims filed with the Department of Veterans Affairs for compensation that have not been adjudicated by the Department. (b) Contents Each report submitted under subsection (a) shall include the following: (1) For each month through calendar year 2015, a projection of the following: (A) The number of claims completed. (B) The number of claims received. (C) The number of claims on backlog at the end of the month. (D) The number of claims pending at the end of the month. (E) The number of appeals pending at the end of the month. (F) A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the expected impact of those initiatives on accuracy and timeliness of adjudication of claims. (2) For each quarter through calendar year 2015, a projection of the average accuracy of disability determinations for compensation claims that require a disability rating (or disability decision). (3) For each month during the most recently completed quarter, the following: (A) The number of claims completed. (B) The number of claims received. (C) The number of claims on backlog at the end of the month. (D) The number of claims pending at the end of the month. (E) The number of appeals pending at the end of the month. (F) A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the impact of those initiatives on accuracy and timeliness of adjudication of claims. (G) An assessment of the accuracy of disability determinations for compensation claims that require a disability rating (or disability decision). (4) For the most recently completed quarter— (A) the number of cases physically received at the Board of Veterans’ Appeals and docketed; (B) the number of cases pending at the Board of Veterans’ Appeals at the end of the quarter; (C) the number of cases physically at the Board of Veterans’ Appeals at the end of the quarter; (D) the number of notices of disagreement and appeals filed to the agency of original jurisdiction referred to in section 7105(b)(1) (E) the number of decisions made by the Board of Veterans’ Appeals and the percentage of such decisions that were allowed, remanded, denied, or otherwise disposed of. (c) Availability to public The Secretary shall make each report submitted under subsection (a) available to the public. (d) On backlog and pending defined In this section, the terms on backlog pending 628. Reports on use of existing authorities to expedite benefits decisions (a) Report on current use of temporary, intermediate, and provisional rating decisions (1) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the use of temporary, intermediate, and provisional rating decisions to expedite the benefits decisions of the Department of Veterans Affairs. (2) Report elements The report required by paragraph (1) shall include the following: (A) With respect to temporary and intermediate rating decisions, the following: (i) The number of temporary and intermediate rating decisions issued by the Department during each of fiscal years 2011, 2012, and 2013. (ii) A description of any reasons or obstacles that prevent use of existing authorities to issue temporary or intermediate rating decisions. (iii) A description of the Quick Pay Disability initiative, including the rationale for not expanding the initiative beyond pilot program status. (B) With respect to provisional rating decisions, the following: (i) The number of provisional rating decisions issued by the Department during the oldest claims first initiative. (ii) Of the provisional rating decisions issued during the oldest claims first initiative— (I) the number of such decisions that involved a claim granted; (II) the number of such decisions that involved a claim denied; and (III) the number of such decisions that involved a claim granted in part or a claim denied in part. (iii) A statement of the most common reasons claims were not granted earlier under the oldest claims first initiative when there was sufficient evidence to render an award of benefits in the provisional rating decision. (iv) The average number of days to issue a provisional rating decision under the oldest claims first initiative. (v) Of the total number of decisions that were completed under the oldest claims first initiative— (I) the number that were Category 1 claims and received a final rating decision; and (II) the number that were Category 2 claims and received a provisional rating decision. (vi) The number of rating decisions issued during the oldest claims first imitative that involved a brokered claim, set forth by number of such claims by Regional Office of the Department, including— (I) the number of brokered claims received by each Regional Office; and (II) the number of brokered claims issued by each Regional Office. (vii) The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested that the provisional decision become final in order to appeal. (viii) The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested an appeal after the expiration of the 1-year period beginning on the date of notification of the provisional rating decision. (ix) An assessment of the accuracy of provisional rating decisions issued during the oldest claims first initiative, set forth by Category 1 claims and Category 2 claims. (C) Such other matters as the Secretary considers appropriate for purposes of the report. (3) Supplemental information If the Secretary continues to obtain information on rating decisions under clauses (vii) and (viii) of paragraph (2)(B) after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on such information that supplements the information on such clauses in the report under paragraph (1) when the Secretary completes accumulation of such information. (b) Plan for increase in use of temporary or intermediate rating decisions (1) Report on plan required Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department when the record contains sufficient evidence to grant any claim at issue, including service connection. (2) Plan elements The plan required under paragraph (1) shall include the following: (A) Mechanisms to overcome obstacles to the use of temporary or intermediate rating decisions, including mechanisms (such as upgrades) to assure the ability of the Veterans Benefits Management System to facilitate the issuance of temporary or intermediate rating decisions. (B) Mechanisms to ensure that appropriate claimant populations, such as claimants who file complex or multi-issue disability compensation claims, benefit from the availability of temporary or intermediate rating decisions. (C) Mechanisms to provide for the use of temporary or intermediate rating decisions, including mechanisms to resolve whether a request by a claimant or claimant representative should trigger use of a temporary or intermediate rating decision depending on the circumstances of the claimant. (D) Mechanisms to prevent the use of temporary or intermediate rating decisions in lieu of a final rating decision when a final rating decision could be made with little or no additional claim development. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations (a) Report on disability medical examinations furnished by Department of Veterans Affairs (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the furnishing of general medical and specialty medical examinations by the Department of Veterans Affairs for purposes of adjudicating claims for benefits under laws administered by the Secretary. (2) Contents The report submitted under paragraph (1) shall include the following: (A) The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating claims for benefits under laws administered by the Secretary. (B) The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which a comprehensive joint examination was conducted, but for which no disability relating to a joint, bone, or muscle had been asserted as an issue in the claim. (C) The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim. (D) The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which one or more joint examinations were conducted. (E) A summary with citations to any medical and scientific studies that provide a basis for determining that three repetitions is adequate to determine the effect of repetitive use on functional impairments. (F) The names of all examination reports, including general medical examinations and Disability Benefits Questionnaires, used for evaluation of compensation and pension disability claims which require measurement of repeated ranges of motion testing and the number of examinations requiring such measurements which were conducted in fiscal year 2012. (G) The average amount of time taken by an individual conducting a medical examination to perform the three repetitions of movement of each joint. (H) A discussion of whether there are more efficient and effective scientifically reliable methods of testing for functional loss on repetitive use of an extremity other than the three time repetition currently used by the Department. (I) Recommendations as to the continuation of the practice of measuring functional impairment by using three repetitions of movement of each joint during the examination as a criteria for evaluating the effect of repetitive motion on functional impairment with supporting rationale. (b) Report and plan to prevent the ordering of unnecessary medical examinations (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Secretary in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 (2) Contents The report required by paragraph (1) shall include the following: (A) Criteria used by the Secretary to determine if a claim is eligible for the Acceptable Clinical Evidence initiative. (B) The number of claims determined to be eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the initiation of the initiative and ending on the date of the enactment of this Act, disaggregated— (i) by fiscal year; and (ii) by claims determined eligible based in whole or in part on medical evidence provided by a private health care provider. (C) The total number of claims determined to be eligible for the Acceptable Clinical Evidence initiative that required an employee of the Department to supplement the evidence with information obtained during a telephone interview with a claimant or health care provider. (D) Information on any other initiatives or efforts, including disability benefits questionnaires, of the Department to further encourage the use of medical evidence provided by a private health care provider and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (E) A plan— (i) to measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim; and (ii) that includes the actions the Secretary will take to eliminate any request by the Department for a medical examination in the case of a claim for benefits under chapter 11 or 15 of such title in support of which a claimant submits medical evidence or a medical opinion provided by a private health care provider that is competent, credible, probative, and otherwise adequate for purposes of making a decision on that claim. D Board of Veterans' Appeals and Court of Appeals for Veterans Claims 631. Treatment of certain misfiled documents as a notice of appeal to the Court of Appeals for Veterans Claims Section 7266 (e) (1) If a person adversely affected by a final decision of the Board, who has not filed a notice of appeal with the United States Court of Appeals for Veterans Claims under subsection (a), misfiles a document with the Board or the agency of original jurisdiction referred to in section 7105(b)(1) (2) The treatment of misfiled documents under paragraph (1) does not limit equitable relief that may be otherwise available to a person described in that paragraph. . 632. Determination of manner of appearance for hearings before Board of Veterans' Appeals (a) In general Section 7107 (1) in subsection (a)(1), by striking in subsection (f) in subsection (g) (2) by redesignating subsection (f) as subsection (g); and (3) by striking subsections (d) and (e) and inserting the following new subsections: (d) (1) Except as provided in paragraph (2), a hearing before the Board shall be conducted through picture and voice transmission, by electronic or other means, in such a manner that the appellant is not present in the same location as the members of the Board during the hearing. (2) (A) A hearing before the Board shall be conducted in person upon the request of an appellant. (B) In the absence of a request under subparagraph (A), a hearing before the Board may also be conducted in person as the Board considers appropriate. (e) (1) In a case in which a hearing before the Board is to be held as described in subsection (d)(1), the Secretary shall provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at an appropriate facility within the area served by a regional office to participate as so described. (2) Any hearing conducted as described in subsection (d)(1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing. (f) (1) In a case in which a hearing before the Board is to be held as described in subsection (d)(2), the appellant may request that the hearing be held at the principal location of the Board or at a facility of the Department located within the area served by a regional office of the Department. (2) A hearing to be held within an area served by a regional office of the Department shall (except as provided in paragraph (3)) be scheduled to be held in accordance with the place of the case on the docket under subsection (a) relative to other cases on the docket for which hearings are scheduled to be held within that area. (3) A hearing to be held within an area served by a regional office of the Department may, for cause shown, be advanced on motion for an earlier hearing. Any such motion shall set forth succinctly the grounds upon which the motion is based. Such a motion may be granted only— (A) if the case involves interpretation of law of general application affecting other claims; (B) if the appellant is seriously ill or is under severe financial hardship; or (C) for other sufficient cause shown. . (b) Effective date The amendments made by subsection (a) shall apply with respect to cases received by the Board of Veterans' Appeals pursuant to notices of disagreement submitted on or after the date of the enactment of this Act. VII Outreach Matters 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local agencies and nonprofit organizations (a) Program required The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of using State and local government agencies and nonprofit organizations— (1) to increase awareness of veterans regarding benefits and services for veterans; and (2) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (b) Duration The Secretary shall carry out the program for a two-year period. (c) Grants (1) In general The Secretary shall carry out the program through the competitive award of grants to State and local government agencies and nonprofit organizations— (A) to increase the awareness of veterans regarding benefits and services for veterans; and (B) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (2) Application (A) In general A State or local government agency or nonprofit organization seeking a grant under the program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (B) Elements Each application submitted under subparagraph (A) shall include the following: (i) A description of the consultations, if any, with the Department of Veterans Affairs in the development of any proposal under the application. (ii) A description of the project for which the applicant is seeking a grant under the program, including a plan to coordinate under the program, to the greatest extent possible, the outreach activities of Federal, State, and local government agencies that provide health care, benefits, and services for veterans and nonprofit organizations that provide such care, benefits, and services to enhance the awareness and availability of such care, benefits, and services. (iii) An agreement to report to the Secretary standardized data and other performance measures necessary for the Secretary to evaluate the program and to facilitate evaluation of projects for which grants are awarded under the program. (iv) Such other information as the Secretary may require. (3) Considerations (A) In general In awarding grants under the program to carry out projects, the Secretary shall consider— (i) where the projects will be carried out and which populations are targeted; and (ii) the likelihood that each potential grantee will successfully carry out the grant proposal. (B) Considerations regarding location and target population In taking the matters specified in subparagraph (A)(ii) into consideration, the Secretary shall consider in particular the advisability of awarding grants for projects— (i) carried out in areas with populations that have a high proportion of veteran representation; (ii) carried out in a variety of geographic areas, including urban, rural, and highly rural areas; and (iii) that target a variety of veteran populations, including racial and ethnic minorities, low-income populations, and older populations. (4) Use of funds The Secretary shall establish appropriate uses of grant amounts received under the program. (5) Oversight of use of funds The Secretary shall establish appropriate mechanisms for oversight of the use of grant amounts received under the program, including the evidence grantees must submit to demonstrate use of grant amounts and procedures for the recovery of grant amounts that were improperly used. (6) Limitation In a fiscal year, not more than 20 percent of all grant amounts awarded in that fiscal year may be awarded to a single State entity. (d) State matching requirement The Secretary may not make a grant to a State under subsection (c) unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program or projects for which the grant was awarded, the State will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 50 percent of Federal funds provided under the grant. (e) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section the following: (1) $2,500,000 for fiscal year 2015. (2) $2,500,000 for fiscal year 2016. (f) Annual report (1) In general Not later than 120 days after the completion of the first calendar year beginning after the date of the commencement of the program, and not less frequently than once every year thereafter for the duration of the program, the Secretary shall submit to Congress a report evaluating the program and the projects supported by grants awarded under the program. (2) Elements The report required by paragraph (1) shall include the following: (A) The findings and conclusions of the Secretary with respect to the program. (B) An assessment of the benefit to veterans of the program. (C) The performance measures used by the Secretary for purposes of the program and data showing the performance of grantees under the program under such measures. (D) The recommendations of the Secretary as to the feasibility and advisability of continuing or expanding or modifying the program. (g) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 702. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities (a) In general Chapter 63 6306A. Cooperative agreements with States (a) In general The Secretary may enter into cooperative agreements and arrangements with various State agencies and State departments to carry out this chapter and to otherwise carry out, coordinate, improve, or enhance outreach activities of the Department and the States. (b) Report The Secretary shall include in each report submitted under section 6308 . (b) Clerical amendment The table of sections at the beginning of chapter 63 6306A. Cooperative agreements with States. . 703. Advisory committee on outreach activities of Department of Veterans Affairs (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory committee on outreach activities of the Department of Veterans Affairs. (b) Membership The advisory committee shall be composed of individuals selected by the Secretary from among the following: (1) To the maximum extent practicable, individuals who are eminent in their respective fields of public relations. (2) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (3) To the maximum extent practicable, individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (4) To the maximum extent practicable, individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (5) To the maximum extent practicable, veterans who have experience in press and public relations. (c) Duties The advisory committee shall advise the Assistant Secretary for Public and Intergovernmental Affairs— (1) to ensure that the Department of Veterans Affairs is strategically and effectively— (A) engaging the public and Department stakeholders to increase awareness nationally regarding all benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; and (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; (2) to assist the Secretary in conducting such other press or public relations activities relating to outreach activities of the Department as the Secretary and the Assistant Secretary for Public and Intergovernmental Affairs consider appropriate; and (3) to ensure coordination and collaboration on efforts within the Department for the development, implementation, and review of local outreach with respect to benefits that include the following: (A) Compensation and pension benefits. (B) Insurance benefits. (C) Burial and memorial benefits. (D) Education benefits. (E) Vocational rehabilitation and employment benefits. (F) Readjustment counseling benefits. (G) Loan guarantee benefits. (H) Such other benefits as the Secretary considers appropriate. (d) Location of meetings Each meeting of the advisory committee shall take place at a location that is property of the Department and shall, to the maximum extent practicable, use teleconference technology. (e) Consultation The Secretary shall consult with and seek the advice of the advisory committee not less frequently than quarterly on matters relating to the duties of the advisory committee under subsection (c). (f) Reports (1) In general Not less frequently than once every 90 days for the first year and semiannually thereafter, the advisory committee shall submit to Congress and to the Secretary a report on outreach activities of the Department. (2) Recommendations Each report submitted under paragraph (1) shall include such recommendations for legislative and administrative action as the advisory committee considers appropriate to improve the press and public relations of the Department relating to outreach. (g) Termination The advisory committee shall terminate on October 1, 2015, and the requirements and authorities under this section shall terminate on such date. (h) Outreach defined In this section, the term outreach section 6301 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care (a) Establishment (1) In general For each entity described in paragraph (2), the Secretary of Veterans Affairs shall, acting through the director of that entity, establish not later than 180 days after the effective date specified in subsection (h) an advisory board at that entity on matters relating to outreach activities of the Department of Veterans Affairs at that entity. (2) Entity described An entity described in this paragraph is— (A) a healthcare system of the Department; or (B) a Veterans Integrated System Network, if such Veterans Integrated System Network does not contain a healthcare system. (b) Membership (1) In general Each advisory board established under subsection (a)(1) shall be, to the maximum extent practicable, composed of individuals selected by the Secretary from among the following: (A) Individuals who are eminent in their respective fields of public relations. (B) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (C) Individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (D) Individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (E) Employees of the Department who are involved in press and public relations strategy for an entity described in subsection (a)(2). (F) To the maximum extent practicable, veterans who have experience in press and public relations. (2) Voluntary participation The participation of an individual selected under paragraph (1) shall be at the election of the individual. (c) Duties Each advisory board established under subsection (a)(1) at an entity described in subsection (a)(2) shall advise the Assistant Secretary for Public and Intergovernmental Affairs— (1) to ensure that the Department of Veterans Affairs is strategically and effectively— (A) engaging the public and Department stakeholders to increase awareness nationally regarding benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; and (E) coordinating and collaborating on efforts within the Department for the development, implementation, and review of local outreach with respect to benefits that include— (i) compensation and pension benefits; (ii) insurance benefits; (iii) burial and memorial benefits; (iv) education benefits; (v) vocational rehabilitation and employment benefits; (vi) readjustment counseling benefits; (vii) loan guarantee benefits; and (viii) such other benefits as the Secretary considers appropriate; and (2) to assist the director of that entity in conducting such other press or public relations activities relating to outreach activities of the Department as that advisory board considers appropriate. (d) Meeting location (1) In general If teleconference technology is not used, meetings of each advisory board established under subsection (a)(1) shall be held at a location that is property of the Department. (2) Teleconference technology Each advisory board shall use, to the maximum extent practicable, teleconference technology. (e) Consultation Each director of an entity described in subsection (a)(2) shall consult with and seek the advice of the advisory board established at such entity not less frequently than once every two months on matters relating to the duties of the advisory board under subsection (c). (f) Annual reports Not less frequently than each year, each advisory board established under subsection (a)(1) shall submit to the Secretary a report with such information as may be beneficial to the Secretary in preparing the reports required by section 6308 (g) Termination Each advisory board established under subsection (a)(1) and the authorities and requirements of this section shall terminate three years after the effective date specified in subsection (h). (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs (a) In general Section 6308 (1) in subsection (a), by striking even-numbered (2) in subsection (b)— (A) in paragraph (1), by striking biennial (B) in paragraph (2), by inserting for legislative and administrative action Recommendations (C) by adding at the end the following new paragraph: (3) Recommendations that such administrative actions as may be taken— (A) to maximize resources for outreach activities of the Department; and (B) to focus outreach efforts on activities that are proven to be more effective. . (b) Clerical amendments (1) Section heading The heading for section 6308 Biennial Annual (2) Table of sections The table of sections at the beginning of chapter 63 6308. Annual report to Congress. . 706. Budget transparency for outreach activities of Department of Veterans Affairs (a) In general Chapter 63 6309. Budget transparency (a) Budget requirements In the budget justification materials submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President under section 1105(a) (1) For outreach activities of the Department in aggregate. (2) For outreach activities of each element of the Department specified in subsection (b)(1). (b) Procedures for effective coordination and collaboration (1) Not later than 180 days after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (A) Office of the Secretary. (B) Veterans Health Administration. (C) Veterans Benefits Administration. (D) National Cemetery Administration. (2) The Secretary shall— (A) beginning after the date on which the Secretary establishes procedures under paragraph (1), not less frequently than once every two years conduct a review of the procedures established and maintained under paragraph (1) to ensure that such procedures meet the requirements of such paragraph; (B) make such modifications to such procedures as the Secretary considers appropriate based upon reviews conducted under subparagraph (A) in order to better meet such requirements; and (C) not later than 45 days after completing a review under subparagraph (A), submit to Congress a report on the findings of such review. . (b) Clerical amendment The table of sections at the beginning of chapter 63 6309. Budget transparency. . VIII Other Matters 801. Repeal of reductions made by Bipartisan Budget Act of 2013 Section 403 of the Bipartisan Budget Act of 2013 is repealed as of the date of the enactment of such Act. 802. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension (a) Veterans Section 1522 (1) in subsection (a)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of pension under section 1513 1521 section 1513 1521 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers that under all the circumstances, if the veteran or spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the veteran's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the veteran's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for pension under section 1513 1521 (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of covered resources so disposed of by the veteran (or the spouse of the veteran) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the veteran's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a veteran under section 1513 1521 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the veteran, the spouse of the veteran, or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the veteran, the spouse of the veteran, or the child on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of increased monthly pension that is payable to a veteran under subsection (c), (d), (e), or (f) of section 1521 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) (A) The Secretary shall not deny or discontinue payment of pension under section 1513 1521 section 1521 (i) if— (I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or (ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources. (B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance— (i) of medical care such that the individual's life or health would be endangered; (ii) of necessary food or clothing, or other necessities of life; or (iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II). (C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2) or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2) or (b)(2), as applicable, shall be recalculated to take into account such return of resources. (2) At the time a veteran applies for pension under section 1513 1521 section 1521 (A) inform such veteran of the provisions of subsections (a)(2) and (b)(2) providing for a period of ineligibility for payment of pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility; (B) obtain from such veteran information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and (C) provide such veteran a timely process for determining whether or not the exception for hardship shall apply to such veteran. . (b) Surviving spouses and children Section 1543 (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) (A) If a surviving spouse otherwise eligible for payment of pension under section 1541 section 1541 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the surviving spouse that the Secretary considers that under all the circumstances, if the surviving spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the surviving spouse's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the surviving spouse that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the surviving spouse's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for pension under section 1541 (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the surviving spouse's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a surviving spouse under section 1541 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (C) by adding at the end the following new paragraph: (4) (A) If a surviving spouse otherwise eligible for payment of increased pension under subsection (c), (d), or (e) of section 1541 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the surviving spouse or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for payment of increased pension under subsection (c), (d), or (e) of section 1541 (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse (or the child) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of increased monthly pension that is payable to a surviving spouse under subsection (c), (d), or (e) of section 1541 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a child otherwise eligible for payment of pension under section 1542 section 1542 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child or the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support that the Secretary considers that under all the circumstances, if the child or person had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate described in clause (i) that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the child applies for pension under section 1542 (D) The date described in this clause is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the child (or person described in subparagraph (B)) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a child under section 1542 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) (A) The Secretary shall not deny or discontinue payment of pension under section 1541 1542 section 1541 (i) if— (I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or (ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources. (B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance— (i) of medical care such that the individual's life or health would be endangered; (ii) of necessary food or clothing, or other necessities of life; or (iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II). (C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2), (a)(4), or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2), (a)(4), or (b)(2), as applicable, shall be recalculated to take into account such return of resources. (2) At the time a surviving spouse or child applies for pension under section 1541 1542 section 1541 (A) inform such surviving spouse or child of the provisions of subsections (a)(2), (a)(4), and (b)(2), as applicable, providing for a period of ineligibility for payment of pension or increased pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility; (B) obtain from such surviving spouse or child information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and (C) provide such surviving spouse or child a timely process for determining whether or not the exception for hardship shall apply to such surviving spouse or child. . (c) Effective date Subsections (a)(2), (b)(2), and (c) of section 1522 section 1543 (d) Annual reports (1) In general Not later than 30 months after the date of the enactment of this Act and not less frequently than once each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the administration of subsections (a)(2), (b)(2), and (c) of section 1522 section 1543 (2) Elements Each report submitted under paragraph (1) shall include the following, for the period covered by the report: (A) The number of individuals who applied for pension under chapter 15 (B) The number of individuals who received pension under such chapter. (C) The number of individuals with respect to whom the Secretary denied or discontinued payment of pension under the subsections referred to in paragraph (1). (D) A description of any trends identified by the Secretary regarding pension payments that have occurred as a result of the amendments made by this section. (E) Such other information as the Secretary considers appropriate. (3) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Select Committee on Aging of the Senate; and (B) the Committee on Veterans' Affairs of the House of Representatives. 803. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities (a) In general Subsection (d)(7) of section 5503 November 30, 2016 September 30, 2018 (b) Clerical amendments (1) Section heading The section heading of such section is amended to read as follows: Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care (2) Table of sections The table of sections at the beginning of chapter 55 5503. Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care. . 804. Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans (a) Condition (1) In general Section 2012(c)(1) unless the facilities may specify. (A) That the building where the grant recipient or eligible entity provides housing or services for which the grant recipient or eligible entity would receive such payment is in compliance with the codes relevant to the operations and level of care provided, including applicable provisions of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify. (B) That such building and such housing or services are in compliance with licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the building is located regarding the condition of the building and the provision of such housing or services. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 (b) Annual inspections required Section 2012 (b) (1) Not less frequently than once each fiscal year, the Secretary shall inspect each facility of each grant recipient or entity eligible for payments under subsection (a) at which the recipients and entities provide services under section 2011 (2) Except as provided in paragraph (1), inspections made under such paragraph shall be made at such times as the Secretary considers necessary. (3) An inspection of a facility of a recipient or entity described in paragraph (1) made under such paragraph may be made with or without prior notice to the recipient or entity, as the Secretary considers appropriate. (4) No per diem payment may be provided to a grant recipient or eligible entity under this section unless the facilities of the grant recipient or eligible entity meet such standards as the Secretary shall prescribe. . (c) Revocation of certification authorized Subsection (c) of such section is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) in paragraph (1), as amended by subsection (a)(1), by striking in paragraph (2) in paragraph (4) (3) by inserting after paragraph (1) the following new paragraph (2): (2) The Secretary may revoke any certification made under paragraph (1) if the Secretary determines that such certification is no longer accurate. . (d) Congressional notification of termination of per diem required Such subsection is further amended by inserting after paragraph (2) the following new paragraph (3): (3) Not later than 30 days after the date on which the Secretary terminates provision of per diem payment under this section to a grant recipient or an eligible entity, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such termination if such termination were made because a facility of the grant recipient or eligible entity did not comply with— (A) an applicable provision of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirement as the Secretary has specified; or (B) a licensing requirement, fire or safety requirement, or another requirement in the jurisdiction in which the facility is located regarding the condition of the facility. . (e) Treatment of current recipients of per diem payments (1) Assessment In the case of the recipient of a per diem payment under section 2012 section 2012(c)(1) (2) Failure to comply In the case described in paragraph (1), if the Secretary does not certify the compliance of the building and the housing or services under such section before the date that is two years after the date of the enactment of this Act, the Secretary may not make any additional per diem payments to the recipient for the provision of such housing or services under section 2012 (f) Conforming condition on award of grants by Secretary of Veterans Affairs for comprehensive service programs Section 2011(b)(5)(A) , including housing and building codes, 805. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans (a) Exception to certain recapture requirements Section 8136(b) , or the provision of services or conduct of a program pursuant to a contract or grant issued or awarded by the Secretary under subchapter II of chapter 20 or section 2031(a)(2) outpatient clinic (b) Construction The amendment made by subsection (a) may not be construed to authorize the Secretary of Veterans Affairs to enter into a contract with a State home or award a grant to a State home for the furnishing of residential care for a veteran without— (1) identifying a substantial need for such care; and (2) determining that the State home is the most appropriate provider of such care. 806. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders Section 1156(a)(3) six months 18 months 807. Authority to issue Veterans ID Cards (a) Authority (1) In general The Secretary of Veterans Affairs may issue a card to a veteran that identifies the veteran as a veteran and includes a photo of the veteran and the name of the veteran. (2) No requirement for enrollment or receipt of benefits The Secretary may issue a card under paragraph (1) to a veteran, whether or not such veteran is— (A) enrolled in the system of annual patient enrollment established under section 1705(a) (B) in receipt of educational assistance, compensation, or pension under laws administered by the Secretary. (3) Designation A card issued under paragraph (1) may be known as a Veterans ID Card (b) Recognition of Veterans ID Cards for reduced pricing of pharmaceuticals, consumer products, and services The Secretary may work with national retail chains that offer reduced prices on pharmaceuticals, consumer products, and services to veterans to ensure that such retail chains recognize cards issued under subsection (a)(1) for purposes of offering reduced prices on pharmaceuticals, consumer products, and services. (c) Veteran defined In this section, the term veteran section 101 (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 808. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces Any person who is entitled under chapter 1223 809. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of Treasury and Commissioner of Social Security for income verification purposes Section 5317(g) September 30, 2016 September 30, 2018 810. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans Section 3729(b)(2) (1) in subparagraph (A)— (A) in clause (iii), by striking October 1, 2017 May 1, 2018 (B) in clause (iv), by striking October 1, 2017 May 1, 2018 (2) in subparagraph (B)— (A) in clause (i), by striking October 1, 2017 May 1, 2018 (B) in clause (ii), by striking October 1, 2017 May 1, 2018 (3) in subparagraph (C)— (A) in clause (i), by striking October 1, 2017 May 1, 2018 (B) in clause (ii), by striking October 1, 2017 May 1, 2018 (4) in subparagraph (D)— (A) in clause (i), by striking October 1, 2017 May 1, 2018 (B) in clause (ii), by striking October 1, 2017 May 1, 2018 811. Review of determination of certain service in Philippines during World War II (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether a covered individual served in support of the Armed Forces of the United States during World War II in accordance with section 1002(d) of title X of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 38 U.S.C. 107 (b) Covered individuals In this section, a covered individual is any individual who timely submitted a claim for benefits under subsection (c) of section 1002 of title X of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 38 U.S.C. 107 (c) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a). (d) Prohibition on benefits for disqualifying conduct under new process pursuant to review If pursuant to the review conducted under subsection (a) the Secretary of Veterans Affairs determines to establish a new process for the making of payments as described in that subsection, the process shall include mechanisms to ensure that individuals are not treated as covered individuals for purposes of such payments if such individuals engaged in any disqualifying conduct during service described in that subsection, including collaboration with the enemy or criminal conduct. 812. Review of determination of certain service of merchant mariners during World War II (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, the Secretary of Homeland Security and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 ( Public Law 95–202 38 U.S.C. 106 (b) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a). 813. Report on Laotian military support of Armed Forces of the United States during Vietnam War (a) In general Not later than one year after the effective date specified in subsection (c), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and such agencies and individuals as the Secretary of Veterans Affairs considers appropriate, shall submit to the appropriate committees of Congress a report on— (1) the extent to which Laotian military forces provided combat support to the Armed Forces of the United States between February 28, 1961, and May 15, 1975; (2) whether the current classification by the Civilian/Military Service Review Board of the Department of Defense of service by individuals of Hmong ethnicity is appropriate; and (3) any recommendations for legislative action. (b) Appropriate committees of Congress In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 814. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the actions taken by the Secretary to implement the findings and recommendations included in the 2006 report by the Institute of Medicine of the National Academies entitled Noise and Military Service: Implications for Hearing Loss and Tinnitus Public Law 107–330 (b) Effect of Duty Military Occupational Specialty Noise Exposure Listing on receipt of benefits by veterans (1) In general The Secretary shall include in the report required by subsection (a) an evaluation of the extent to which veterans who had a military occupational specialty during service as a member of the Armed Forces that is not included on the Duty Military Occupational Specialty Noise Exposure Listing (in this subsection referred to as the MOS List (2) Data The Secretary shall include in the evaluation required by paragraph (1) the following: (A) With respect to veterans who had a military occupational specialty included on the MOS List— (i) the number of claims for benefits related to hearing loss from the Department of Veterans Affairs that were granted; and (ii) the number of claims for benefits related to hearing loss from the Department that were denied. (B) With respect to veterans who had a military occupational specialty not included on the MOS List— (i) the number of claims for benefits related to hearing loss from the Department that were granted; (ii) the number of claims for benefits related to hearing loss from the Department that were denied; (iii) of the number of denied claims under clause (ii), the number of those claims that were appealed; and (iv) of the number of appealed claims under clause (iii), the number of those appealed claims that were successfully appealed. (c) Additional matters The Secretary shall include in the report required by subsection (a) the following: (1) In the case of a veteran with unilateral hearing loss, an explanation of the scientific basis for the practice of the Department of determining a disability rating level with respect to hearing based on an examination of that veteran's healthy ear instead of the injured ear. (2) An analysis of the reduction in earning capacity for veterans as a result of unilateral hearing loss, with a focus on the ability of those veterans— (A) to detect the direction of sound; and (B) to understand speech. (3) An explanation of the rationale for the practice of the Department of not issuing a compensable rating for hearing loss at certain levels that are severe enough to require the use of hearing aids. (4) A survey of the audiologists that conduct compensation and pension examinations for the Department to assess the implementation of the most recent edition of the best practices manual for hearing loss and tinnitus examinations that includes the following: (A) A description of the training received by those audiologists compared to the methods described in the most recent edition of the best practices manual for hearing loss and tinnitus examinations. (B) An assessment of how those audiologists have complied with that training. (C) Whether those audiologists are using a range of tones up to 8000 hertz to test the hearing of veterans. (d) Construction Nothing in this section shall be construed to authorize or require the Secretary to defer, delay, or replace the ongoing efforts of the Secretary to update the schedule of ratings required by section 1155 (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 815. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, submit to Congress a report that identifies the following: (1) Goals for the Department of Veterans Affairs and the Department of Defense for the prevention, early detection, and treatment of hearing loss by the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (2) Resources of the Department of Veterans Affairs that could be made available to assist the Department of Defense in conducting audiometric tests and tinnitus screenings for members of the Armed Forces. (3) Barriers to information being added to the Hearing Loss and Auditory System Injury Registry required under section 721(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (4) Recommendations for any legislative or administrative actions necessary with respect to the Hearing Loss and Auditory System Injury Registry— (A) to assist in achieving the goals specified in paragraph (1); (B) to improve the adjudication of claims for benefits with respect to hearing loss; and (C) to further the research objectives of the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 816. Limitation on aggregate amount of bonuses payable to personnel of the Department of Veterans Affairs during fiscal year 2014 The aggregate amount of bonuses and awards payable to personnel of the Department of Veterans Affairs under chapter 45 or 53 of title 5, United States Code, or any other provision of such title, during fiscal year 2014 may not exceed $368,000,000. January 27, 2014 Read the second time and placed on the calendar

Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014

Oversight Workforce Improvement Act of 2014 - Exempts from requirements relating to the authority of federal agencies to collect information for investigations: (1) information collected during any evaluation by the Federal Accountability and Spending Transparency Board; and (2) information collected during any audit, investigation, evaluation, or other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of the Inspector General, including any office of Special Inspector General. Exempts from document disclosure requirements of the Freedom of Information Act (FOIA) information relating to the information security program or practices of a federal agency if disclosure could reasonably be expected to lead to, or result in, unauthorized access, use, disclosure, disruption, modification, or destruction of such information program or the information such program controls, processes, stores, or transmits. Amends the Inspector General Act of 1978 to: (1) establish classification and pay standards for the Inspectors General of each federal agency; (2) set forth procedures for considering allegations of wrongdoing against the Special Counsel and Deputy Special Counsel (officials appointed to investigate prohibited personal practices and government waste and abuse); and (3) include within the membership of the Council of the Inspectors General on Integrity and Efficiency the Inspectors General of the Intelligence Community and the Central Intelligence Agency (CIA) (currently, the Inspectors General of the Office of the Director of National Intelligence and the CIA).

113 S1953 IS: Oversight Workforce Improvement Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1953 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Tester Mrs. McCaskill Committee on Homeland Security and Governmental Affairs A BILL To amend certain provisions of the Inspector General Act of 1978 and the Inspector General Improvement Act of 2008, and for other purposes. 1. Short title This Act may be cited as the Oversight Workforce Improvement Act of 2014 2. Investigations, audits, inspections, evaluations, and reviews conducted by Inspectors General Section 3518(c) (1) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (2) paragraph (3) (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) Notwithstanding paragraph (3), this subchapter shall not apply to the collection of information during the conduct of any evaluation, or other review conducted by the Federal Accountability and Spending Transparency Board, or during the conduct of any audit, investigation, inspection, evaluation, or any other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of Inspector General, including any Office of Special Inspector General. . 3. Exemption from disclosure under FOIA (a) Definition In this section, the term agency section 551 (b) Exemption Information relating to the information security program or practices of an agency shall be exempt from disclosure under section 552(b)(3) (c) Non-Exempt information Each agency that withholds information subject to the exemption in subsection (b) shall act in accordance with the obligation of the Federal agency to reasonably segregate and disclose non-exempt information under section 552(b) 4. Amendments to the Inspector General Act of 1978 and the Inspector General Reform Act of 2008 (a) Incorporation of provisions from the Inspector General Reform Act of 2008 into the Inspector General Act of 1978 (1) Classification and pay (A) Amendment Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (i) Notwithstanding any other provision of law, the Inspector General of each designated Federal entity shall, for pay and all other purposes be classified at a grade, level or rank designation, as the case may be, at or above those of a majority of the senior level executives of the designated Federal entity (such as General Counsel, Chief Information Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Officer). The pay of an Inspector General of a designated Federal entity shall not be less than the average total compensation (including bonuses) of the senior level executives of the designated Federal entity calculated on an annual basis. . (B) Conforming repeal Section 4(b) of the Inspector General Reform Act of 2008 ( Public Law 110–409 (2) Pay retention (A) Amendment The Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding after section 8M the following: 8N. Pay Retention (a) In general The provisions of section 3392 performance awards awarding of ranks (b) Nonreduction in pay Notwithstanding any other provision of law, career Federal employees serving on an appointment made pursuant to statutory authority found other than in section 3392 . (B) Conforming repeal Section 4(c) of the Inspector General Reform Act of 2008 ( Public Law 110–409 (3) Allegations of wrongdoing against special counsel or deputy special counsel (A) Amendments Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (i) in paragraph (2)— (I) in subparagraph (C), by inserting or their designee (II) in subparagraph (D), by inserting or their designee (ii) by adding at the end the following: (12) Allegations of wrongdoing against special counsel or deputy special counsel (A) Special counsel defined In this paragraph, the term Special Counsel section 1211(b) (B) Authority of integrity committee (i) In general An allegation of wrongdoing against the Special Counsel or Deputy Special Counsel may be received, reviewed and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph. (ii) Coordination with existing provision of law This paragraph does not eliminate access to the Merit Systems Protection Board for review under section 7701 (C) Regulations The Integrity Committee may prescribe any rules or regulations necessary to carry out this paragraph, subject to such consultation or other requirements as might otherwise apply. . (B) Conforming repeal Section 7(b) of the Inspector General Reform Act of 2008 ( Public Law 110–409 5 U.S.C. 1211 (b) Agency applicability (1) Amendments The Inspector General Act of 1978 (5 U.S.C. App.) is further amended— (A) in section 8M— (i) in subsection (a)(1)— (I) by striking Each agency Each Federal agency and designated Federal entity (II) by striking that agency the Federal agency or designated Federal entity (ii) in subsection (b)— (I) in paragraph (1), in the matter preceding subparagraph (A), by striking agency Federal agency and designated Federal entity (II) in paragraph (2)— (aa) in subparagraph (A), by striking agency Federal agency and designated Federal entity (bb) in subparagraph (B), by striking agency Federal agency and designated Federal entity (B) in section 11(c)(3)(A)(ii), by striking department, agency, or entity of the executive branch which Federal agency or designated Federal entity that (2) Implementation Not later than 180 days after the date of enactment of this Act, the head and the Inspector General of each Federal agency (as defined in section 12 section 8G (c) Corrections (1) Executive Order number Section 7(c)(2) of the Inspector General Reform Act of 2008 ( Public Law 110–409 31 U.S.C. 501 12933 12993 (2) Punctuation and cross-references The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 4(b)(2)— (i) by striking 8F(a)(2) 8G(a)(2) (ii) by striking 8F(a)(1) 8G(a)(1) (B) in section 6(a)(4), by striking information, as well as any tangible thing) information), as well as any tangible thing (C) in section 8G(g)(3), by striking 8C 8D (3) Spelling The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 3(a), by striking subpena subpoena (B) in section 6(a)(4)— (i) by striking subpena subpoena (ii) by striking subpenas subpoenas (C) in section 8D(a)— (i) in paragraph (1), by striking subpenas subpoenas (ii) in paragraph (2), by striking subpena subpoena (D) in section 8E(a)— (i) in paragraph (1), by striking subpenas subpoenas (ii) in paragraph (2), by striking subpena subpoena (E) in section 8G(d), by striking subpena subpoena (d) Repeal Section 744 of the Financial Services and General Government Appropriations Act, 2009 ( Public Law 111–8 5. Inspector General of the Intelligence Community Section 11(b)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: (B) The Inspectors General of the Intelligence Community and the Central Intelligence Agency. .

Oversight Workforce Improvement Act of 2014

Restore Honor to Service Members Act - Requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Permits such boards to change a characterization to honorable if such characterization is any characterization except honorable. Directs the Secretary of Defense (DOD) to ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to any discharge characterization except honorable. Prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge. Directs the Secretary of each military department to ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives. Requires the reissuance of specified military personnel records and discharge forms in a manner that shall not reflect the sexual orientation of the member.

113 S1956 IS: Restore Honor to Service Members Act U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1956 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Schatz Mrs. Gillibrand Mr. Udall of Colorado Committee on Armed Services A BILL To direct the Secretary of Defense to review the discharge characterization of former members of the Armed Forces who were discharged by reason of the sexual orientation of the member, and for other purposes. 1. Short title This Act may be cited as the Restore Honor to Service Members Act 2. Review of discharge characterization (a) In general In accordance with this section, the appropriate discharge boards— (1) shall review the discharge characterization of covered members at the request of the covered member; and (2) if such characterization is any characterization except honorable, may change such characterization to honorable. (b) Criteria In changing the discharge characterization of a covered member to honorable under subsection (a)(2), the Secretary of Defense shall ensure that such changes are carried out consistently and uniformly across the military departments using the following criteria: (1) The original discharge must be based on Don’t Ask Don’t Tell (in this Act referred to as DADT (2) Such discharge characterization shall be so changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to a discharge characterization that was any characterization except honorable. For purposes of this paragraph, such aggravating circumstances may not include— (A) an offense under section 925 (B) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but after the date of such discharge became permitted. (3) When requesting a review, a covered member, or the member's representative, shall be required to provide either— (A) documents consisting of— (i) a copy of the DD–214 form of the member; (ii) a personal affidavit of the circumstances surrounding the discharge; and (iii) any relevant records pertaining to the discharge; or (B) an affidavit certifying that the member, or the member's representative, does not have the documents specified in subparagraph (A). (4) If a covered member provides an affidavit described in subparagraph (B) of paragraph (3)— (A) the appropriate discharge board shall make every effort to locate the documents specified in subparagraph (A) of such paragraph within the records of the Department of Defense; and (B) the absence of such documents may not be considered a reason to deny a change of the discharge characterization under subsection (a)(2). (c) Request for review The appropriate discharge board shall ensure the mechanism by which covered members, or their representative, may request to have the discharge characterization of the covered member reviewed under this section is simple and straightforward. (d) Review (1) In general After a request has been made under subsection (c), the appropriate discharge board shall review all relevant laws, records of oral testimony previously taken, service records, or any other relevant information regarding the discharge characterization of the covered member. (2) Additional materials If additional materials are necessary for the review, the appropriate discharge board— (A) may request additional information from the covered member or the member's representative, in writing, and specifically detailing what is being requested; and (B) shall be responsible for obtaining a copy of the necessary files of the covered member from the member, or when applicable, from the Department of Defense. (e) Change of characterization The appropriate discharge board shall change the discharge characterization of a covered member to honorable if such change is determined to be appropriate after a review is conducted under subsection (d) pursuant to the criteria under subsection (b). A covered member, or the member's representative, may appeal a decision by the appropriate discharge board to not change the discharge characterization by using the regular appeals process of the board. (f) Change of records For each covered member whose discharge characterization is changed under subsection (e), or for each covered member who was honorably discharged but whose DD–214 form reflects the sexual orientation of the member, the Secretary of Defense shall reissue to the member or the member's representative a revised DD–214 form that reflects the following: (1) For each covered member discharged, the Separation Code, Reentry Code, Narrative Code, and Separation Authority shall not reflect the sexual orientation of the member and shall be placed under secretarial authority. Any other similar indication of the sexual orientation or reason for discharge shall be removed or changed accordingly to be consistent with this paragraph. (2) For each covered member whose discharge occurred prior to the creation of general secretarial authority, the sections of the DD–214 form referred to paragraph (1) shall be changed to similarly reflect a universal authority with codes, authorities, and language applicable at the time of discharge. (g) Status (1) In general Each covered member whose discharge characterization is changed under subsection (e) shall be treated without regard to the original discharge characterization of the member, including for purposes of— (A) benefits provided by the Federal Government to an individual by reason of service in the Armed Forces; and (B) all recognitions and honors that the Secretary of Defense provides to members of the Armed Forces. (2) Reinstatement In carrying out paragraph (1)(B), the Secretary shall reinstate all recognitions and honors of a covered member whose discharge characterization is changed under subsection (e) that the Secretary withheld because of the original discharge characterization of the member. (h) Definitions In this section: (1) The term appropriate discharge board (2) The term covered member (3) The term discharge characterization dishonorable general other than honorable honorable (4) The term Don’t Ask Don’t Tell section 654 Public Law 111–321 (5) The term representative 3. Reports (a) Review The Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted under section 2. (b) Reports Not later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under subsection (a). Such reports shall include any comments or recommendations for continued actions. 4. Historical review The Secretary of each military department shall ensure that oral historians of the department— (1) review the facts and circumstances surrounding the estimated 100,000 members of the Armed Forces discharged from the Armed Forces between World War II and September 2011 because of the sexual orientation of the member; and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of the actual or perceived sexual orientation of the individual so that such testimony may serve as an official record of these discriminatory policies and their impact on American lives.

Restore Honor to Service Members Act

Partnership to Build America Act of 2014 - Establishes the American Infrastructure Fund (AIF) as a wholly-owned government corporation to provide bond guarantees and make loans to state and local governments, non-profit infrastructure providers, private parties, and public-private partnerships for state or local government sponsored transportation, energy, water, communications, or educational facility infrastructure projects (Qualified Infrastructure Projects [QIPs]). Authorizes AIF also to make equity investments in QIPs . Directs the Secretary of the Treasury, acting through the AIF, to issue American Infrastructure Bonds with an aggregate face value of $50 billion. Requires proceeds from the sale of the bonds to be deposited into the AIF. Amends the Internal Revenue Code to allow U.S. corporations to exclude from gross income qualified cash dividend amounts received during a taxable year from a foreign-controlled corporation equal to the face value of qualified infrastructure bonds the corporation has purchased. Prohibits allowance of a foreign tax credit to the excluded portion of any dividend received by a U.S. corporation. Prohibits also the allowance of a deduction for expenses related to that excludable portion.

113 S1957 IS: Partnership to Build America Act of 2014 U.S. Senate 2014-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1957 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Bennet Mr. Blunt Mr. Warner Ms. Ayotte Ms. Landrieu Mr. King Mr. Graham Mr. Coats Mr. Hoeven Mr. Begich Mr. Kirk Committee on Finance A BILL To establish the American Infrastructure Fund, to provide bond guarantees and make loans to States, local governments, and infrastructure providers for investments in certain infrastructure projects, and to provide equity investments in such projects, and for other purposes. 1. Short title This Act may be cited as the Partnership to Build America Act of 2014 2. American Infrastructure Fund (a) American Infrastructure Fund (1) In general There is established a wholly owned Government corporation— (A) which shall be called the American Infrastructure Fund (referred to in this Act as the AIF (B) which shall be headed by the Board of Trustees established under subsection (b); (C) which may have separate subaccounts or subsidiaries for funds used to make loans, bond guarantees, and equity investments under this section; (D) which shall be available to the AIF to pay for the costs of carrying out this section, including the compensation of the Board and other employees of the AIF; and (E) the funds of which may be invested by the Board in such manner as the Board determines appropriate. (2) Deposits to aif All funds received from bond issuances, loan payments, bond guarantee fees, and any other funds received in carrying out this section shall be held by AIF. (3) Limitations The charter of the AIF shall limit its activities to those activities described as the mission of the Board under subsection (b)(2). (4) Oversight The AIF shall register with the Securities and Exchange Commission and the Chairman shall report to Congress annually as to whether the AIF is fulfilling the mission of the Board under subsection (b)(2). (5) Treatment of aif (A) Accounts Title 31, United States Code, is amended in each of sections 9107(c)(3) and 9108(d)(2)— (i) by inserting the American Infrastructure Fund, the Regional Banks for Cooperatives, (ii) by striking those banks those entities (B) Bonds Section 149(b)(3)(A)(i) American Infrastructure Fund, Federal Home Loan Mortgage Corporation, (b) Board of trustees (1) In general There is established a Board of Trustees of the AIF (referred to in this subsection as the Board (A) have substantial experience in bond guarantees or municipal credit; and (B) to the greatest extent practicable, have extensive experience working with municipal credit, risk management, and infrastructure finance. (2) Mission The mission of the Board is— (A) to operate the AIF and its subsidiaries to be a low cost provider of bond guarantees, loans, and equity investments to State and local governments and infrastructure providers for urban and rural infrastructure projects that— (i) provide a positive economic impact; and (ii) meet such other standards as the Board may develop; (B) to operate the AIF in a self-sustaining manner so as to allow the AIF to repay its infrastructure bonds when such bonds are due; (C) to not have a profit motive, but to seek at all times to pursue its mission of providing low cost bond guarantees and loans while— (i) covering its costs; (ii) maintaining such reserves as may be needed; and (iii) applying prudent underwriting standards; (D) to only consider projects put forth by State and local governments and not to seek projects directly; (E) to always make clear that no taxpayer money supports the AIF or ever will support the AIF; and (F) to engage in no other activities other than those permitted under this section. (3) Membership (A) Initial members (i) Appointment Not later than 150 days after the date on which bonds are first issued under subsection (d), the President shall appoint, with the advice and consent of the Senate, as members of the Board— (I) 2 individuals from a list of at least 5 individuals selected by the Speaker of the House of Representatives; (II) 2 individuals from a list of at least 5 individuals selected by the Minority Leader of the House of Representatives; (III) 2 individuals from a list of at least 5 individuals selected by the Majority Leader of the Senate; (IV) 2 individuals from a list of at least 5 individuals selected by the Minority Leader of the Senate; and (V) 1 individual selected at will by the President. (ii) Submission of lists Each of the lists described in clause (i) shall be submitted to the President not later than 90 days after the date on which bonds are first issued under subsection (d). If any of such lists are submitted after the date required under this clause, the President may appoint the 2 members of the Board who were to be selected from such list at will. (B) Staggered terms The members of the Board appointed pursuant to subparagraph (A)(i) shall serve staggered terms, with 2 each of the initial members of the Board serving for terms of 5, 6, 7, and 8 years, respectively, and the initial Chair selected under subparagraph (D) serving for 9 years. The decision of which Board members, other than the Chair, serve for which initial terms shall be made by the members of the Board drawing lots. (C) Additional members (i) In general Except as provided in subparagraph (A), if the term of a member of the Board expires or otherwise becomes vacant, the President shall appoint a replacement for such member, with the advice and consent of the Senate, from among a list of at least 5 individuals submitted by the Board. (ii) Term of service (I) In general Each member of the Board appointed to replace a member whose term is expiring shall serve for a 7-year term. (II) Vacancies Any member of the Board appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed shall be appointed only for the remainder of the term. (D) Chair The members of the Board shall choose 1 member to serve as the Chair of the Board for a term of 7 years, except that the initial Chair shall serve for a term of 9 years, pursuant to subsection (B). (E) Continuation of service Each member of the Board may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed. (F) Conflicts of interest No member of the Board may have a financial interest in, or be employed by, a Qualified Infrastructure Project ( QIP (4) Compensation The members of the Board shall be compensated at an amount to be set by the Board, but under no circumstances may such compensation be higher than the rate prescribed for level IV of the Executive Schedule under section 5315 (5) Staff The Board shall employ and set compensation for such staff as the Board determines as is necessary to carry out the activities and mission of the AIF, and such staff may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53, United States Code, relating to classification and General Schedule pay rates. (6) Procedures The Board shall establish such procedures as are necessary to carry out this section. (7) Corporate governance standards (A) Board committees generally The Board shall maintain all of the committees required to be maintained by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this section. (B) Risk management committee The Board shall maintain a risk management committee, which shall— (i) employ additional staff who are certified by the Board as having significant and relevant experience in insurance underwriting and credit risk management; and (ii) establish the risk management policies used by the Board. (C) Standards The Board shall, to the extent practicable, follow all standards with respect to corporate governance that are required to be followed by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this section. (8) Biennial reports Not less frequently than once every 2 years, the Board shall produce a report that describes, of the materials, goods, and products that were used to construct, or to support the construction of, qualified infrastructure projects (as described in subsection (c)) and received financing from the American Infrastructure Fund within the most recent 2 calendar years, the percentage of such materials, goods, and products that were created, sourced, or manufactured in the United States. (c) Infrastructure investment (1) Entities eligible for assistance The AIF may provide assistance to State and local government entities, nonprofit infrastructure providers, private parties, and public-private partnerships (referred to in this section as eligible entities QIPs (2) Forms of assistance The AIF may— (A) provide bond guarantees to debt issued by eligible entities; (B) make loans, including subordinated loans, to eligible entities; and (C) make equity investments in QIPs. (3) Qualified infrastructure projects A project qualifies as a QIP under this section if— (A) the project is sponsored by a State or local government; (B) the infrastructure is, or will be, owned by a State or local government; (C) the project involves the construction, maintenance, improvement, or repair of a transportation, energy, water, communications, or educational facility; and (D) the recipient of bond guarantees, loans, equity investments, or any other financing technique authorized under this Act provides written assurances prescribed by the AIF that the project will be performed in compliance with the requirements of all Federal laws that would otherwise apply to similar projects to which the United States is a party. (4) Application for assistance (A) In general A State or local government that wishes to receive a loan or bond guarantee under this section shall submit an application to the Board in such form and manner and containing such information as the Board may require. (B) Requirement for public sponsorship of private entities A private entity may only receive a bond guarantee, loan, or equity investment under this section if the State or local government for the jurisdiction in which the nonprofit infrastructure provider or private partner is located submits an application pursuant to subparagraph (A) on behalf of such nonprofit infrastructure provider or private partner. (5) Limitations on single state awards (A) Annual limitation The Board shall set an annual limit, as a percentage of total assistance provided under this section during a year, on the amount of assistance a single State (including local governments and other infrastructure providers within such State) may receive in assistance provided under this section. (B) Cumulative limitation The Board shall set a limit, as a percentage of total assistance provided under this section outstanding at any one time, on the amount of assistance a single State (including local governments and other infrastructure providers within such State) may receive in assistance provided under this section. (6) Loan specifications Loans made under this section shall have such maturity and carry such interest rate as the Board determines appropriate. (7) Bond guarantee The Board shall charge such fees for Bond guarantees made under this section as the Board determines appropriate. (8) Equity investments With respect to a QIP, the amount of an equity investment made by the AIF in such QIP may not exceed 20 percent of the total cost of the QIP. (9) Public-private partnership requirements At least 35 percent of the assistance provided under this section shall be provided to QIPs for which at least 10 percent of the financing for such QIPs comes from private debt or equity. (10) Prohibition on principal forgiveness With respect to a loan made under this section, the Board may not forgive any amount of principal on such loan. (d) American Infrastructure Bonds (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary, acting through the AIF, shall issue bonds, which shall be called American Infrastructure Bonds (2) Forms and denominations; interest American Infrastructure Bonds shall— (A) be in such forms and denominations as determined by the Secretary, and shall have a 50-year maturity; and (B) bear interest of 1 percent. (3) No full faith and credit Interest and principal payments paid to holders of American Infrastructure Bonds shall be paid from the AIF, to the extent funds are available, and shall not be backed by the full faith and credit of the United States. (4) Amount of bonds The aggregate face amount of the bonds issued under this subsection shall be $50,000,000,000. (5) Sale of american infrastructure bonds (A) Competitive bidding process The Secretary shall sell $50,000,000,000 of American Infrastructure Bonds— (i) through a competitive bidding process that encourages aggressive bidding; (ii) with prospective purchasers bidding on how low of a multiplier they will accept (for purposes of subsection (b)(1) of section 966 (iii) in a manner that ensures no entities participating in the bidding may collude or coordinate their bids. (B) Limitation The multiplier described in subparagraph (A)(ii) may not be greater than 6. (6) Reimbursement of costs The Board shall repay the Secretary, from funds in the AIF, for the costs to the Secretary in carrying out this subsection. (e) Additional bonds (1) In general The Board may issue such other bonds as the Board determines appropriate, the proceeds from which shall be deposited into the AIF. (2) No full faith and credit Interest and principal payments paid to holders of bonds issued pursuant to paragraph (1) shall be paid from the AIF, to the extent funds are available, and shall not be backed by the full faith and credit of the United States. (f) Definitions For purposes of this section: (1) Infrastructure provider The term infrastructure provider (2) Secretary The term Secretary (3) State The term State 3. Foreign earnings exclusion for purchase of infrastructure bonds (a) In general Subpart F of part III of subchapter N of chapter 1 966. Foreign earnings exclusion for purchase of infrastructure bonds (a) Exclusion In the case of a corporation which is a United States shareholder and for which the election under this section is in effect for the taxable year, gross income does not include an amount equal to the qualified cash dividend amount. (b) Qualified cash dividend amount For purposes of this section, the term qualified cash dividend amount (1) the multiplier determined under section 2(d)(5) of the Partnership to Build America Act of 2014 (2) the face amount of qualified infrastructure bonds acquired at its original issue (directly or through an underwriter) by such shareholder. (c) Limitations (1) In general The amount of dividends taken into account under subsection (a) for a taxable year shall not exceed the lesser of— (A) the cash dividends received by the taxpayer for such taxable year, or (B) the amount shown on the applicable financial statement as earnings permanently reinvested outside the United States. (2) Dividends must be extraordinary The amount of dividends taken into account under subsection (a) shall not exceed the excess (if any) of— (A) the cash dividends received during the taxable year by such shareholder from controlled foreign corporations, over (B) the annual average for the base period years of the cash dividends received during each base period year by such shareholder from controlled foreign corporations. (3) Reduction of benefit if increase in related party indebtedness The amount of dividends which would (but for this paragraph) be taken into account under subsection (a) shall be reduced by the excess (if any) of— (A) the amount of indebtedness of the controlled foreign corporation to any related person (as defined in section 954(d)(3)) as of the close of the taxable year for which the election under this section is in effect, over (B) the amount of indebtedness of the controlled foreign corporation to any related person (as so defined) as of the close of the preceding taxable year. (4) Treatment of controlled foreign corporations All controlled foreign corporations with respect to which the taxpayer is a United States shareholder shall be treated as 1 controlled foreign corporation for purposes of this subsection. The Secretary may prescribe such regulations as may be necessary or appropriate to prevent the avoidance of the purposes of this subsection, including regulations providing that cash dividends shall not be taken into account under subsection (a) to the extent such dividends are attributable to the direct or indirect transfer (including through the use of intervening entities or capital contributions) of cash or other property from a related person (as so defined) to a controlled foreign corporation. (d) Definitions and special rules For purposes of this section— (1) Qualified infrastructure bonds The term qualified infrastructure bond Partnership to Build America Act of 2014 (2) Applicable financial statement The term applicable financial statement (A) with respect to a United States shareholder which is required to file a financial statement with the Securities and Exchange Commission (or which is included in such a statement so filed by another person), the most recent audited annual financial statement (including the notes which form an integral part of such statement) of such shareholder (or which includes such shareholder)— (i) which was so filed for such taxable year, and (ii) which is certified as being prepared in accordance with generally accepted accounting principles, and (B) with respect to any other United States shareholder, the most recent audited financial statement (including the notes which form an integral part of such statement) of such shareholder (or which includes such shareholder)— (i) which is certified as being prepared in accordance with generally accepted accounting principles, and (ii) which is used for the purposes of a statement or report— (I) to creditors, (II) to shareholders, or (III) for any other substantial nontax purpose. (3) Base period years (A) In general The base period years are the 3 taxable years— (i) which are among the 5 most recent preceding taxable years ending before the taxable year, and (ii) which are determined by disregarding— (I) 1 taxable year for which the amount described in subsection (c)(2)(B) is the largest, and (II) 1 taxable year for which such amount is the smallest. (B) Shorter period If the taxpayer has fewer than 5 taxable years ending before the taxable year, then in lieu of applying subparagraph (A), the base period years shall include all the taxable years of the taxpayer ending before such taxable year. (C) Mergers, acquisitions, etc (i) In general Rules similar to the rules of subparagraphs (A) and (B) of section 41(f)(3) shall apply for purposes of this paragraph. (ii) Spin-offs, etc If there is a distribution to which section 355 (or so much of section 356 as relates to section 355) applies during the 5-year period referred to in subparagraph (A)(i) and the controlled corporation (within the meaning of section 355) is a United States shareholder— (I) the controlled corporation shall be treated as being in existence during the period that the distributing corporation (within the meaning of section 355) is in existence, and (II) for purposes of applying subsection (c)(2) to the controlled corporation and the distributing corporation, amounts described in subsection (c)(2)(B) which are received or includable by the distributing corporation or controlled corporation (as the case may be) before the distribution referred to in subclause (I) from a controlled foreign corporation shall be allocated between such corporations in proportion to their respective interests as United States shareholders of such controlled foreign corporation immediately after such distribution. (iii) Exception Subclause (II) of clause (ii) shall not apply if neither the controlled corporation nor the distributing corporation is a United States shareholder of such controlled foreign corporation immediately after such distribution. (4) Dividend The term dividend (5) Coordination with dividend received deduction No deduction shall be allowed under section 243 or 245 for any dividend which is excluded from income by subsection (a). (6) Controlled groups All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder. (7) Reporting The Secretary shall require by regulation or other guidance the reporting of such information as the Secretary may require to carry out this section. (e) Denial of foreign tax credit; denial of certain expenses (1) Foreign tax credit (A) In general No credit shall be allowed under section 901 for any taxes paid or accrued (or treated as paid or accrued) with respect to the excluded portion of any dividend. (B) Denial of deduction of related tax No deduction shall be allowed under this chapter for any tax for which credit is not allowable by reason of the preceding sentence. (2) Expenses No deduction shall be allowed for expenses directly allocable to the excludable portion described in paragraph (1). (3) Excludable portion For purposes of paragraph (1), unless the taxpayer otherwise specifies, the excludable portion of any dividend or other amount is the amount which bears the same ratio to the amount of such dividend or other amount as the amount excluded from income under subsection (a) for the taxable year bears to the amount described in subsection (c)(2)(A) for such year. (4) Coordination with section 78 Section 78 shall not apply to any tax which is not allowable as a credit under section 901 by reason of this subsection. (f) Election To have section apply A taxpayer may elect to have this section apply for any taxable year. . (b) Clerical amendment The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new item: 966. Foreign earnings exclusion for purchase of infrastructure bonds. . (c) Effective date The amendments made by this section shall apply to dividends received for taxable years ending after the date of the enactment of this Act.

Partnership to Build America Act of 2014

Fairness in Federal Disaster Declarations Act of 2014 - Requires the Administrator of the Federal Emergency Management Agency (FEMA) to amend the rules concerning the factors FEMA considers when evaluating a governor's request for a major disaster declaration to provide that, with respect to the evaluation of the need for public assistance: (1) specific weighted valuations shall be assigned to the estimated cost of the assistance (10%), localized impacts (40%), insurance coverage in force (10%), hazard mitigation (10%), recent multiple disasters (10%), programs of other federal assistance (10%), and economic circumstances (10%); and (2) FEMA shall consider the economic circumstances of both the local economy of the affected area (including the local assessable tax base and local sales tax, median income, and poverty rate) and the state economy (including the unemployment rate). Requires such rules to provide that, with respect to the evaluation of the severity, magnitude, and impact of the disaster and the evaluation of the need for assistance to individuals: (1) specific weighted valuations shall be assigned to concentration of damages (20%), trauma (20%), special populations (20%), voluntary agency assistance (10%), insurance (20%), average amount of individual assistance by state (5%), and economic considerations (5%); and (2) FEMA shall consider the economic circumstances of the affected area (including the local assessable tax base and local sales tax, median income, and poverty rate).

113 S1960 IS: Fairness in Federal Disaster Declarations Act of 2014 U.S. Senate 2014-01-27 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. 1960 IN THE SENATE OF THE UNITED STATES January 27, 2014 Mr. Durbin Mr. Kirk Committee on Homeland Security and Governmental Affairs A BILL To require rulemaking by the Administrator of the Federal Emergency Management Agency to address considerations in evaluating the need for public and individual disaster assistance, and for other purposes. 1. Short title This Act may be cited as the Fairness in Federal Disaster Declarations Act of 2014 2. Regulatory action required (a) In general Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency (in this Act referred to as the Administrator FEMA (b) New criteria required The amended rules issued under subsection (a) shall provide for the following: (1) Public assistance program Such rules shall provide that, with respect to the evaluation of the need for public assistance— (A) specific weighted valuations shall be assigned to each criterion, as follows— (i) estimated cost of the assistance, 10 percent; (ii) localized impacts, 40 percent; (iii) insurance coverage in force, 10 percent; (iv) hazard mitigation, 10 percent; (v) recent multiple disasters, 10 percent; (vi) programs of other Federal assistance, 10 percent; and (vii) economic circumstances described in subparagraph (B), 10 percent; and (B) FEMA shall consider the economic circumstances of— (i) the local economy of the affected area, including factors such as the local assessable tax base and local sales tax, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State; and (ii) the economy of the State, including factors such as the unemployment rate of the State, as compared to the national unemployment rate. (2) Individual assistance program Such rules shall provide that, with respect to the evaluation of the severity, magnitude, and impact of the disaster and the evaluation of the need for assistance to individuals— (A) specific weighted valuations shall be assigned to each criterion, as follows— (i) concentration of damages, 20 percent; (ii) trauma, 20 percent; (iii) special populations, 20 percent; (iv) voluntary agency assistance, 10 percent; (v) insurance, 20 percent; (vi) average amount of individual assistance by State, 5 percent; and (vii) economic considerations described in subparagraph (B), 5 percent; and (B) FEMA shall consider the economic circumstances of the affected area, including factors such as the local assessable tax base and local sales tax, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State.

Fairness in Federal Disaster Declarations Act of 2014

Chemical Safety and Drinking Water Protection Act of 2014 - (Sec. 2) Amends the Safe Drinking Water Act (SDWA) to direct the Environmental Protection Agency (EPA) or each state exercising primary enforcement responsibility for public water systems to establish within two years a state chemical storage tank surface water protection program for chemicals identified as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), subject to emergency planning or reporting requirements of the Emergency Planning and Community Right-To-Know Act, or defined as a contaminant under the Safe Drinking Water Act. Includes within the program bulk storage tanks that contain chemicals that if released could pose a risk of harm to a public water system. Excludes from the program a tank or container that is subject to regulations to prevent discharges of oil and hazardous substances under the National Response System of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Authorizes the EPA or a state, as applicable, to adopt additional exclusions based on federal or state laws that substantially meet the requirements of this Act, or for tanks that would not pose a risk of harm to a public water system. Requires the programs to provide for oversight and inspection of each covered chemical storage tank in accordance with minimum requirements, established by this Act, to prevent the release of chemicals into the water supplies of public water systems. Requires inspections for: (1) high hazard tanks every year by a certified inspector, (2) tanks identified in source water assessment every three years, and (3) for any other covered chemical storage tank every five years. Requires the program to include a comprehensive inventory of the covered chemical storage tanks in each state. Requires the EPA or a state, as applicable, to develop within two years a list of covered chemical storage tanks that hold chemicals that if released could pose the greatest risk of harm to public water systems in the state and the greatest risk to public health. Deems a program and its requirements, for purposes of primary enforcement responsibility, to be part of the national primary drinking water regulations and requires that they be implemented and enforced in accordance with applicable SDWA procedures. Requires states to notify the EPA within two years on whether the state will be exercising primary enforcement responsibility for public water systems or if it will be opting out. Prohibits a state's decision to implement or opt out of the program from affecting the state's primacy over other programs under the SDWA. Requires the EPA to issue guidance and provide other technical assistance to states carrying out the programs. Authorizes the EPA or a state, as applicable, to issue orders to the owner or operator of a tank to carry out this Act. Sets forth requirements concerning: (1) liability of a tank owner or operator for costs of response actions, and (2) pre-transfer inspections of tanks. Requires the EPA or a state to make available to public water systems, on request, information regarding emergency response plans, an inventory of each chemical held in the covered chemical storage tanks, existing information on the potential toxicity of the stored chemicals to public health and the environment that is relevant to evaluate the risk of harm to public water systems, and safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals. Directs the EPA or the state to provide emergency response plans required by the program to the agency carrying out the program and to the Department of Homeland Security (DHS). Requires these plans to be integrated with applicable area contingency plans under the Clean Water Act. Authorizes an owner or operator of a public water system to commence, or to petition the EPA to commence, a civil action for equitable relief to address possible imminent and substantial endangerment to the health of persons supplied by the water system. Provides a special rule to expedite the EPA's response to a petition in emergency situations.

113 S1961 IS: Chemical Safety and Drinking Water Protection Act of 2014 U.S. Senate 2014-01-27 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. 1961 IN THE SENATE OF THE UNITED STATES January 27, 2014 Mr. Manchin Mrs. Boxer Mr. Rockefeller Committee on Environment and Public Works A BILL To protect surface water from contamination by chemical storage facilities, and for other purposes. 1. Short title This Act may be cited as the Chemical Safety and Drinking Water Protection Act of 2014 2. Protection of surface water from contamination by chemical storage facilities (a) In general The Safe Drinking Water Act ( 42 U.S.C. 300f et seq. G Protection of surface water from contamination by chemical storage facilities 1471. Definitions In this part: (1) Covered chemical storage facility (A) In general The term covered chemical storage facility (B) Exclusions The term covered chemical storage facility 33 U.S.C. 1321(j)(1)(C) (C) Considerations In determining risk of harm posed by a chemical storage facility under subparagraph (A), the Administrator or State, as applicable, may consider the requirements of applicable Federal or State laws (including regulations). (2) State program The term State program 1472. Establishment of State programs (a) In general Not later than 1 year after the date of enactment of this part, the Administrator or each State exercising primary enforcement responsibility for public water systems, as applicable, shall carry out, directly or through delegation, a chemical storage facility source water protection program to provide for the protection of public water systems from a release of a chemical from a covered chemical storage facility. (b) Program requirements (1) In general A State program under subsection (a) shall provide for oversight and inspection of each covered chemical storage facility in accordance with the requirements described in paragraph (2) to prevent the release of chemicals into the water supply in watersheds with public water systems that rely on surface water, including a covered chemical storage facility located in a source water area identified under section 1453. (2) Minimum requirements At a minimum, a State program shall include— (A) requirements for covered chemical storage facilities, including— (i) acceptable standards of good design, construction, or maintenance; (ii) leak detection; (iii) spill and overfill control; (iv) inventory control; (v) an emergency response and communication plan; (vi) an employee training and safety plan; (vii) an inspection of the integrity of each covered chemical storage facility; (viii) lifecycle maintenance, including corrosion protection; (ix) notice to the Administrator, the appropriate State agency, and applicable public water systems of— (I) the potential toxicity of the stored chemicals to humans and the environment; and (II) safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals; and (x) financial responsibility requirements, including proof of insurance, bond, or other similar instrument; (B) inspections of covered chemical storage facilities, which shall occur— (i) for a covered chemical storage facility identified in a source water assessment area under section 1453, not less frequently than once every 3 years; and (ii) for any other covered chemical storage facility, not less frequently than once every 5 years; and (C) a comprehensive inventory of the covered chemical storage facilities in each State. (c) National primary drinking water regulations For purposes of primary enforcement responsibility, a State program and any requirements under this part shall be— (1) considered to be a part of the national primary drinking water regulations established under section 1412; and (2) implemented and enforced in accordance with the procedures under sections 1413 and 1414 and part E. (d) Administration A State program shall be carried out— (1) if the State exercises primary enforcement responsibility for public water systems in that State under this Act, by the State; and (2) if the State does not exercise primary enforcement responsibility for public water systems in that State under this Act, by the Administrator. (e) Guidance The Administrator may issue guidance or provide other technical assistance to State programs in carrying out activities under this part. 1473. Corrective action orders The Administrator under section 1472(d)(2) or the State under section 1472(d)(1), as applicable, may issue an order to the owner or operator of a covered chemical storage facility to carry out this part. 1474. Cost recovery If costs have been incurred by the Administrator or the State, as applicable, for undertaking a response action under this part relating to the release of a chemical, the owner or operator of the covered chemical storage facility shall be liable to the Administrator or the State for those costs. 1475. Transfer of covered chemical storage facilities Notwithstanding the inspection schedule under section 1472(b)(2)(B), no person shall transfer a covered chemical storage facility unless— (1) prior to the closing or completion of the transfer, the transferor submits to the transferee the results of a pretransfer inspection of the integrity of the covered chemical storage facility, which shall be conducted pursuant to any requirements set by the Administrator under section 1472(d)(2) or the State under section 1472(d)(1), as applicable; and (2) the transferor or the transferee agrees to take appropriate measures to address the results of the pretransfer inspection prior to the date that is 30 days after the date on which the covered chemical storage facility closes or is transferred. 1476. Information sharing (a) Information for public water systems The Administrator or State, as applicable, shall provide public water systems with information relating to— (1) emergency response plans for covered chemical storage facilities located within the same watershed as the public water system; and (2) an inventory of each chemical held at the covered chemical storage facilities described in paragraph (1). (b) Emergency response plans A copy of each emergency response plan submitted under section 1472(b)(2)(A) shall be provided to— (1) the Administrator (if the State exercises primary responsibility for public water systems in that State); and (2) the Secretary of Homeland Security. (c) Information (1) In general The Administrator or a State, as applicable, may keep confidential information the Administrator or the State determines to be sensitive and present a security risk to a covered chemical storage facility. (2) Exceptions Paragraph (1) shall not— (A) apply to public health information; or (B) prevent the sharing of information with the Administrator, the Secretary of Homeland Security, a public water system, or a public agency involved in emergency response. . (b) Emergency powers Section 1431 of the Safe Drinking Water Act ( 42 U.S.C. 300i (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Petitions (1) In general In any case in which the Administrator is authorized to act under subsection (a), the owner or operator of a public water system may— (A) commence a civil action for appropriate equitable relief, including a restraining order or permanent or temporary injunction, to address any activity or facility that may present an imminent and substantial endangerment to the health of persons who are supplied by that public water system; or (B) petition the Administrator to issue an order or commence a civil action under subsection (a). (2) Response (A) In general Subject to subparagraph (B), not later than 30 days after the date on which the Administrator receives a petition under paragraph (1), the Administrator shall respond to the petition and initiate such action as the Administrator determines to be appropriate. (B) Special rule for emergencies If the owner or operator of a public water system submits the petition under paragraph (1) in response to an emergency, the Administrator shall respond not later than 72 hours after receipt of the petition. . (c) Conforming amendment Section 1414 of the Safe Drinking Water Act ( 42 U.S.C. 300g–3 (1) in subsections (a), (b), (e), (f), and (g)— (A) by inserting after public water system or a covered chemical storage facility (B) by inserting after public water systems or a covered chemical storage facility (2) in subsection (i)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (B) by striking the heading designation and all that follows through means— (i) Definitions In this section: (1) Applicable requirement The term applicable requirement ; (C) in paragraph (1)(A) (as so redesignated)— (i) by inserting a comma after 1417 (ii) by striking or 1445 1445, or part G (D) by adding at the end the following: (2) Covered chemical storage facility The term covered chemical storage facility .

Chemical Safety and Drinking Water Protection Act of 2014

Pullman National Historical Park Act - Establishes the Pullman National Historical Park in Illinois as a unit of the National Park System to: (1) preserve and interpret for the benefit of future generations the significant labor, industrial, civil rights, and social history of the Park, the significant architectural structures in the Park, and the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) coordinate preservation, protection, and interpretation efforts of the Park by the federal government, the state of Illinois, units of local government, and private and nonprofit organizations; and (3) coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. Requires the Park to include: (1) the Pullman Factory Complex, including the Clock Tower Building and rear erecting shops; and (2) the approximately 13 acres of land upon which such structures are located. Requires the Secretary of the Interior to complete a general management plan for the Park.

113 S1962 IS: Pullman National Historical Park Act U.S. Senate 2014-01-27 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. 1962 IN THE SENATE OF THE UNITED STATES January 27, 2014 Mr. Durbin Mr. Kirk Committee on Energy and Natural Resources A BILL To establish the Pullman National Historical Park in the State of Illinois as a unit of the National Park System, and for other purposes. 1. Short title This Act may be cited as the Pullman National Historical Park Act 2. Findings Congress finds that— (1) in 1970, the Secretary of the Interior designated the Pullman Historic District as a National Historic Landmark District in 1970 because of— (A) the significance of the District to the labor history, social history, architecture, and urban planning of the United States; and (B) the pivotal role of events in the District in creating the first national Labor Day holiday in the world; (2) between 1880 and 1884 George M. Pullman, owner of the Pullman Palace Car Company, built the Pullman community, which was envisioned by Pullman as an industrial town that would provide employees with— (A) a model community; and (B) suitable living conditions; (3) the town developed by George M. Pullman, which consisted of over 1,000 buildings and homes, was awarded The World's Most Perfect Town (4) the Pullman factory site is a true symbol of the historic struggle in the United States to achieve fair labor practices for the working class, with the original factory serving as the catalyst for the first industry-wide strike in the United States; (5) in the midst of economic depression in 1894, to protest unsafe conditions and reductions in pay, Pullman factory workers initiated a strike that— (A) when taken up as a cause by the American Railway Union, crippled the entire rail industry; (B) continued even in the face of a Federal injunction and a showdown between laborers and Federal troops that turned violent and deadly; and (C) set a national example for the ability of working people in the United States to change the existing system in favor of more just practices for protecting workers rights and safety; (6) following the deaths of a number of workers at the hands of the United States military and United States Marshals during the 1894 strike, Congress unanimously voted to approve rush legislation that created a national Labor Day holiday, which was signed into law by President Grover Cleveland 6 days after the end of the strike; (7) the Pullman Palace Car Company also played an important role in African-American and early civil rights history through the legacy of the Pullman porters, many of whom were ex-slaves were employed in a heavily discriminatory environment immediately following the Civil War; (8) the Pullman porters, who served diligently between the 1870s and the 1960s, have been commended for— (A) the level of service and attention to detail of the Pullman porters; and (B) the contributions of the Pullman porters to the development of the African-American middle class; (9) the information, ideas, and commerce the Pullman porters carried across the country while traveling on trains helped to bring education and wealth to African-American communities throughout the United States; (10) the positive role of the Pullman porters in the historical image of the first-class service that was made available on Pullman cars is unmistakable; (11) the Pullman community was the seminal home to the Brotherhood of Sleeping Car Porters, which— (A) was the first African-American labor union with a collective bargaining agreement; (B) was founded by civil rights pioneer A. Philip Randolph in 1925; (C) fought against discrimination and in support of just labor practices; and (D) helped lay the groundwork for what became the great Civil Rights Movement of the 20th Century; (12) the Pullman community is— (A) a paramount illustration of the work of architect Solon Spencer Beman; (B) a well-preserved example of 19th Century community planning, architecture, and landscape design; and (C) comprised of a number of historic structures, including the Administration Clock Tower Building, Hotel Florence, Green­stone Church, Market Square, and hundreds of units of rowhouses built for Pullman workers; (13) the preservation of the Pullman site has been threatened by— (A) plans for demolition in 1960; and (B) a fire in 1998, which damaged the iconic clock tower and the rear erecting shops; (14) the diligent efforts of community organizations, foundations, nonprofits, residents, the State, and units of local government in the restoration and preservation of the District after the 1998 fire were vital to the protection of the Pullman site; (15) due to the historic and architectural significance of the District, the District is designated as— (A) a registered National Historic Landmark District; (B) an Illinois State Landmark; and (C) a City of Chicago Landmark District; and (16) the preservation, enhancement, economic, and tourism potential and management of the important historic and architectural resources of the Park requires cooperation and partnerships from among local property owners, the Federal Government, the State, units of local government, the private and nonprofit sectors, and the more than 100 civic organizations who have expressed support for community preservation through the establishment of the Pullman National Historical Park. 3. Definitions In this Act: (1) Park The term Park (2) Secretary The term Secretary (3) State The term State 4. Establishment of the Pullman National Historical Park (a) Establishment and purpose There is established in the State a unit of the National Park System, to be known as the Pullman National Historical Park (1) to preserve and interpret for the benefit of future generations— (A) the significant labor, industrial, civil rights, and social history of the Park; (B) the significant architectural structures in the Park; and (C) the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) to coordinate preservation, protection, and interpretation efforts of the Park by the Federal Government, the State, units of local government, and private and nonprofit organizations; and (3) to coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. (b) Park boundary The boundary of the Park shall be established by the Secretary, but shall not exceed the boundary of the approximately 300-acre Pullman Historic District in Chicago, which is between 103rd Street on the north, 115th Street on the south, Cottage Grove Avenue on the west, and the Norfolk & Western Rail Line on the east. (c) Inclusion of historic sites On conveyance by the State to the Secretary, the Park shall include— (1) the Pullman Factory Complex, including the Clock Tower Building and rear erecting shops; and (2) the approximately 13 acres of land on which the structures described in paragraph (1) are located. 5. Administration (a) In general The Secretary shall administer land within the boundary of the Park in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System, including— (A) the National Park Service Organic Act ( 16 U.S.C. 1 et seq. (B) the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. (b) Cooperative agreements The Secretary may enter into cooperative agreements with the State or other public and nonpublic entities, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal land within the boundaries of the Park and at sites in close proximity to the Park but located outside the boundaries of the Park, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Acquisition of land The Secretary may acquire for inclusion in the Park any land (including interests in land), buildings, or structures owned by the State or any other political, private, or nonprofit entity by donation, transfer, exchange, or purchase from a willing seller. (d) Management plan Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the State, shall complete a general management plan for the Park in accordance with— (1) section 12(b) of the National Park System General Authorities Act ( 16 U.S.C. 1a–7(b) (2) any other applicable laws. (e) Effect Nothing in this Act modifies any authority of the Federal Government to carry out Federal laws on Federal land located in the Park. 6. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act.

Pullman National Historical Park Act

Passenger Fee Restructuring Exemptions Act of 2014 - Revises aviation security service fee requirements. Makes an exception to the $5.60 per one-way trip fee for certain passengers for domestic flights that originate at a U.S. airport. Limits such fees to $2.50 per enplanement, with the total not to exceed $5.00 per one-way trip, for any passengers: (1) boarding to an eligible small community for which essential air service compensation is paid; or (2) on flights, including flight segments, between two or more points in Hawaii or two or more points in Alaska.

113 S1964 IS: Passenger Fee Restructuring Exemptions Act of 2014 U.S. Senate 2014-01-27 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. 1964 IN THE SENATE OF THE UNITED STATES January 27, 2014 Ms. Hirono Ms. Murkowski Mr. Begich Mr. Schatz Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to exempt certain flights from increased aviation security service fees. 1. Short title This Act may be cited as the Passenger Fee Restructuring Exemptions Act of 2014 2. Exceptions to restructuring of passenger fee (a) In general Section 44940(c) (1) by striking Fees imposed (1) In general Except as provided by paragraph (2), fees imposed ; and (2) by adding at the end the following: (2) Exceptions Fees imposed under subsection (a)(1) may not exceed $2.50 per enplanement, and the total amount of such fees may not exceed $5.00 per one-way trip, for passengers— (A) boarding to an eligible place under subchapter II of chapter 417 for which essential air service compensation is paid under that subchapter; or (B) on flights, including flight segments, between 2 or more points in Hawaii or 2 or more points in Alaska. . (b) Conforming amendment Section 601(d) of the Bipartisan Budget Act of 2013 is amended in the matter preceding paragraph (1) by inserting , as modified by the amendments made by section 2 of the Passenger Fee Restructuring Exemptions Act of 2014 subsection (b)

Passenger Fee Restructuring Exemptions Act of 2014

National Forest Jobs and Management Act of 2014 - Authorizes the Secretary of Agriculture (USDA) to conduct projects that involve the management or sale of national forest material (covered projects) within certain National Forest System (NFS) lands (Forest Management Emphasis Areas). Makes timber sale contracts under the National Forest Management Act of 1976 the primary means for carrying out covered projects under this Act. Requires the Secretary to identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7.5 million acres in such areas during a specified 15-year period. Requires the Secretary to comply with the National Environmental Policy Act of 1969 (NEPA) by completing an environmental assessment of the direct environmental effects of each proposed covered project, limited to the proposed agency action and one alternative. Requires administrative review of covered projects to occur only in accordance with the special administrative review process established by the Healthy Forests Restoration Act of 2003. Establishes a pilot program in the USDA that: (1) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative process for a covered project, and (2) shall be the only means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period. Directs the Secretary, for FY2015 and each fiscal year until termination of this Act, to make to each county in which a covered project is carried out annual payments of 25% of the amounts received from that project. Requires the Secretary, after making such payments, to use amounts received from covered projects during such period to make deposits into the fund established under the Knutson-Vandenburg Act and the fund established under the National Forest Management Act of 1976 in contributions equal to the amounts collected under those Acts for projects conducted on NFS lands. Requires the Secretary to develop performance measures that evaluate the degree to which this Act's purposes and the minimum acreage requirements are being achieved.

113 S1966 IS: National Forest Jobs and Management Act of 2014 U.S. Senate 2014-01-28 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 113th CONGRESS 2d Session S. 1966 IN THE SENATE OF THE UNITED STATES January 28, 2014 Mr. Barrasso Committee on Energy and Natural Resources A BILL To provide for the restoration of the economic and ecological health of National Forest System land and rural communities, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Forest Jobs and Management Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Projects in Forest Management Emphasis Areas. Sec. 5. Administrative review; arbitration. Sec. 6. Distribution of revenue. Sec. 7. Performance measures; reporting. Sec. 8. Termination. 2. Purposes The purposes of this Act are— (1) to create a predictable wood supply from National Forest System land that can be harvested, processed, and sold as wood products— (A) to preserve and create jobs; (B) to generate revenue to be shared with counties; and (C) to strengthen rural economies; (2) to reduce the uncertainty and costs to the Forest Service of planning and implementing timber management, forest restoration, and community wildfire protection projects on National Forest System land; and (3) to promote the use of timber harvest as a method to achieve forest management goals on a portion of non-reserved National Forest System land. 3. Definitions In this Act: (1) Covered project The term covered project (2) Forest management emphasis area (A) In general The term Forest Management Emphasis Area (B) Exclusions The term Forest Management Emphasis Area (i) that is a component of the National Wilderness Preservation System; or (ii) on which removal of vegetation is specifically prohibited by Federal law. (3) National forest material The term national forest material (4) National forest system (A) In general The term National Forest System 16 U.S.C. 1609(a) (B) Exclusion The term National Forest System (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian. (5) Secretary The term Secretary 4. Projects in Forest Management Emphasis Areas (a) Conduct of covered projects within forest management emphasis areas (1) In general The Secretary may conduct covered projects in Forest Management Emphasis Areas, subject to paragraphs (2) through (4). (2) Designating timber for cutting (A) In general Notwithstanding section 14(g) of the National Forest Management Act of 1976 ( 16 U.S.C. 472a(g) (B) Requirement The designation methods authorized under subparagraph (A) shall be used in a manner that ensures that the quantity of national forest material that is removed from the Forest Management Emphasis Area is verifiable and accountable. (3) Contracting methods (A) In general Timber sale contracts under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (B) Record If the Secretary does not use a timber sale contract under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (4) Acreage treatment requirements (A) Total acreage requirements The Secretary shall identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7,500,000 acres in the Forest Management Emphasis Areas during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under subparagraph (B). (B) Assignment of acreage treatment requirements to individual units of the National Forest System (i) In general Not later than 60 days after the date of enactment of this Act and subject to clause (ii), the Secretary, in the sole discretion of the Secretary, shall assign the acreage treatment requirements that shall apply to the Forest Management Emphasis Areas of each unit of the National Forest System. (ii) Limitation Notwithstanding clause (i), the acreage treatment requirements assigned to a specific unit of the National Forest System under that clause may not apply to more than 25 percent of the acreage to be treated in any unit of the National Forest System in a Forest Management Emphasis Area during the 15-year period described in subparagraph (A). (b) Environmental analysis and public review process for covered projects in forest management emphasis areas (1) Environmental assessment The Secretary shall comply with the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (2) Public notice and comment In preparing an environmental assessment for a covered project under paragraph (1), the Secretary shall provide— (A) public notice of the covered project; and (B) an opportunity for public comment on the covered project. (3) Length The environmental assessment prepared for a covered project under paragraph (1) shall not exceed 100 pages in length. (4) Inclusion of certain documents The Secretary may incorporate, by reference, into an environmental assessment any documents that the Secretary, in the sole discretion of the Secretary, determines are relevant to the assessment of the environmental effects of the covered project. (5) Deadline for completion Not later than 180 days after the date on which the Secretary has published notice of a covered project in accordance with paragraph (2), the Secretary shall complete the environmental assessment for the covered project. (c) Compliance with endangered species act To comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. 16 U.S.C. 1536 (d) Limitation on revision of national forest plans The Secretary may not, during a revision of a forest plan under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 16 U.S.C. 1536(b) 5. Administrative review; arbitration (a) Administrative review Administrative review of a covered project shall occur only in accordance with the special administrative review process established by section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 (b) Arbitration (1) In general There is established in the Department of Agriculture a pilot program that— (A) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection (a); and (B) shall be the sole means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under section 4(a)(4)(B). (2) Arbitration process procedures (A) In general Any person who sought administrative review for a covered project in accordance with subsection (a) and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with— (i) chapter 1 (ii) this paragraph. (B) Requirements for demand A demand for arbitration under subparagraph (A) shall— (i) be filed not more than 30 days after the date on which the special administrative review decision is issued under subsection (a); and (ii) include a proposal containing the modifications sought to the covered project. (C) Intervening parties (i) Deadline for submission; requirements Any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is 30 days after the date on which the demand for arbitration is filed under subparagraph (A). (ii) Multiple parties Multiple objectors or intervening parties that meet the requirements of clause (i) may submit a joint proposal under that clause. (D) Appointment of arbitrator The United States District Court in the district in which a covered project subject to a demand for arbitration filed under subparagraph (A) is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection. (E) Selection of proposals (i) In general An arbitrator appointed under subparagraph (D)— (I) may not modify any of the proposals submitted under this paragraph; and (II) shall select to be conducted— (aa) a proposal submitted by an objector under subparagraph (B)(ii) or an intervening party under subparagraph (C); or (bb) the covered project, as approved by the Secretary. (ii) Selection criteria An arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section 4(b)(1) for the covered project. (iii) Effect The decision of an arbitrator with respect to a selection under clause (i)(II)— (I) shall not be considered a major Federal action; (II) shall be binding; and (III) shall not be subject to judicial review. (F) Deadline for completion Not later than 90 days after the date on which a demand for arbitration is filed under subparagraph (A), the arbitration process shall be completed. 6. Distribution of revenue (a) Payments to counties (1) In general Effective for fiscal year 2015 and each fiscal year thereafter until the termination date under section 8, the Secretary shall provide to each county in which a covered project is carried out annual payments in an amount equal to 25 percent of the amounts received for the applicable fiscal year by the Secretary from the covered project. (2) Limitation A payment made under paragraph (1) shall be in addition to any payments the county receives under the payment to States required by the sixth paragraph under the heading forest service 16 U.S.C. 500 16 U.S.C. 500 (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds After compliance with subsection (a), the Secretary shall use amounts received by the Secretary from covered projects during each of the fiscal years during the period described in subsection (a) to make deposits into the fund established under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act 16 U.S.C. 576b 16 U.S.C. 472a(h) (c) Deposit in General Fund of the Treasury After compliance with subsections (a) and (b), the Secretary shall deposit into the general fund of the Treasury any remaining amounts received by the Secretary for each of the fiscal years referred to in those subsections from covered projects. 7. Performance measures; reporting (a) Performance measures The Secretary shall develop performance measures that evaluate the degree to which the Secretary is achieving— (1) the purposes of this Act; and (2) the minimum acreage requirements established under section 4(a)(4). (b) Annual reports Annually, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives— (1) a report that describes the results of evaluations using the performance measures developed under subsection (a); and (2) a report that describes— (A) the number and substance of the covered projects that are subject to administrative review and arbitration under section 5; and (B) the outcomes of the administrative review and arbitration under that section. 8. Termination The authority of this Act terminates on the date that is 15 years after the date of enactment of this Act.

National Forest Jobs and Management Act of 2014

Inventoried Roadless Area Management Act - Releases from further study for wilderness designation each of the inventoried roadless areas within the National Forest System (NFS) in Wyoming identified on the maps contained in the Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2 (November 2000). Declares that such NFS land: (1) is no longer subject to the land use restrictions of the Roadless Area Conservation Rule (or successor regulations), and (2) shall not be managed to preserve roadless or wilderness characteristics.

113 S1967 IS: Inventoried Roadless Area Management Act U.S. Senate 2014-01-28 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 113th CONGRESS 2d Session S. 1967 IN THE SENATE OF THE UNITED STATES January 28, 2014 Mr. Barrasso Committee on Energy and Natural Resources A BILL To provide for the management of certain inventoried roadless areas, and for other purposes. 1. Short title This Act may be cited as the Inventoried Roadless Area Management Act 2. Management of inventoried roadless areas (a) Finding Congress finds that, for purposes of the second roadless area review and evaluation program (RARE II) and the land and resource management plan revision process under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (b) Release The National Forest System land described in subsection (c)— (1) is no longer subject to the land use restrictions of the Roadless Area Conservation Rule established under part 294 of title 36, Code of Federal Regulations (or successor regulations); and (2) shall not be managed to preserve roadless or wilderness characteristics. (c) Description of land The National Forest System land referred to in subsections (a) and (b) is each of the inventoried roadless areas within the National Forest System in the State of Wyoming, as set forth in the maps contained in the Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2, dated November 2000.

Inventoried Roadless Area Management Act

Scholarships for Kids Act - Amends part A of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 (ESEA) to give states the option of using their part A allocation to carry out a Scholarships for Kids program. Requires participating states to use their part A allocation to provide a grant to the parents of eligible children for use, as allowed by state law, in: supplementing the budget of any public school their eligible child is able to attend without fees; paying for all or a portion of the fees required for their child to attend another public school in the state; paying for all or a portion of the tuition and fees required for their child to attend an accredited or otherwise state-approved private school; or paying for all or a portion of the fees required for their child to participate in a state-approved supplemental educational services program. Defines an "eligible child" as a child residing in the participating state who: (1) is under age 21, (2) is entitled to a free public education through grade 12, and (3) is from a family with an income below the poverty level. Allows participating states to: (1) treat a child as eligible if the child was an "eligible child" during the previous fiscal year and is from a family whose income is not greater than 200% of the poverty level; and (2) use up to 2% of their part A allocation to provide eligible children with transportation to their public school, private school, or supplemental educational services program. Requires participating states and their local educational agencies to continue to: (1) work toward state academic content and achievement standards; (2) conduct annual assessments of student progress toward those standards; and (3) issue annual report cards of student progress, disaggregated by specified student subgroups, toward those standards. Directs the Secretary of Education to conduct a national assessment of the activities carried out under this Act. Reauthorizes appropriations under part A of title I through FY2020. Repeals: the funding reserved for schools identified as needing improvement, corrective action, or restructuring under part A of title I; the programs under parts B (Student Reading Skills Improvement Grants), C (Education of Migratory Children), D (Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk), E (National Assessment of Subchapter I), F (Comprehensive School Reform), G (Advanced Placement Programs), and H (School Dropout Prevention) of title I; titles II (Preparing, Training, and Recruiting High Quality Teachers and Principals), III (Language Instruction for Limited English Proficient and Immigrant Students), IV (21st Century Schools), V (Promoting Informed Parental Choice and Innovative Programs), VI (Flexibility and Accountability), and VII (Indian, Native Hawaiian, and Alaska Native Education) of the ESEA; a program providing supplemental education grants to Micronesia and the Marshall Islands under the Compact of Free Association Amendments Act of 2003; the Carl D. Perkins Career and Technical Education Act of 2006; a program providing grants to states for the education of homeless children and youths under the McKinney-Vento Homeless Assistance Act; the Educational Technical Assistance Act of 2002; part A (Teacher Quality Partnership Grants) of title II of the Higher Education Act of 1965 (HEA); the Talent Search and Upward Bound programs under title IV (Student Assistance) of the HEA; a program providing grants to youth organizations, under the Agricultural Research Extension, and Education Reform Act of 1998, to establish pilot projects to expand the programs they carry out in rural areas and small towns; a grant program, under the National Agricultural Research, Extension, and Teaching Policy Act of 1977, to promote and strengthen agriscience and agribusiness education in secondary and postsecondary schools; a grant program, under the Patient Protection and Affordable Care Act, for the establishment of school-based health centers; a program providing grants, under the National Science Foundation Authorization Act of 2002, to institutions of higher education and nonprofit organizations to improve elementary and secondary mathematics and science instruction; a grant program, under the Public Health Service Act, for the operation of school-based health centers; and programs, under the American Recovery and Reinvestment Act of 2009, that provide grants to states and educational entities that make significant progress in meeting specified elementary and secondary education goals.

113 S1968 IS: Scholarships for Kids Act U.S. Senate 2014-01-28 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 113th CONGRESS 2d Session S. 1968 IN THE SENATE OF THE UNITED STATES January 28, 2014 Mr. Alexander Mr. Coats Mr. Cornyn Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To allow States to let Federal funds for the education of disadvantaged children follow low-income children to the accredited or otherwise State-approved public school, private school, or supplemental educational services program they attend. 1. Short title This Act may be cited as the Scholarships for Kids Act 2. Purpose The purpose of this Act is to improve the academic achievement of the disadvantaged by encouraging State efforts to expand the educational choices available to low-income students. 3. Scholarships for kids program Subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) is amended by adding at the end the following: 1128. Scholarships for kids program (a) Definitions In this section: (1) Eligible child (A) In general The term eligible child (i) is not older than 21; (ii) is entitled to a free public education through grade 12; and (iii) (I) is from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce; or (II) is a child described in subparagraph (B). (B) Exception for continuing eligibility A participating State may elect to serve a child as an eligible child under an approved program under this section if— (i) such child was an eligible child described in subparagraph (A) during the previous fiscal year; (ii) such child is from a family with an income that is not greater than 200 percent of the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce for the preceding year; and (iii) the State educational agency has determined that the child qualifies for continuing eligibility, as defined by the participating State in its declaration of intent under subsection (d). (C) Criteria of poverty In determining if a family has an income below the poverty level for purposes of this section, a State shall use the poverty threshold, for the most recently completed calendar year, most recently published by the Bureau of the Census. (2) Participating State The term participating State (3) State The term State (4) Supplemental educational services program The term supplemental educational services program (b) Scholarships for kids program authorized (1) In general Notwithstanding any other provision of law and to the extent permitted under State law, a participating State may use the funds made available under this subpart to carry out a Scholarships for Kids program in accordance with subsection (c). (2) Inapplicability of other requirements Notwithstanding any other provision of this part or any other law, a participating State carrying out a Scholarships for Kids program that meets the requirements of this section, and the local educational agencies in such State, shall not be required to meet any other requirements under this Act or any other law, except as provided in paragraph (3), in order to receive the State's funds under this subpart. (3) Academic standards, academic assessments, and reporting on performance disaggregated by student subgroup A participating State carrying out a Scholarships for Kids program that meets the requirements of this section, and the local educational agencies within such State, shall comply with paragraphs (1), (3), (6), and (7) of subsection (b), and subsection (h), of section 1111, and with the requirements of subpart 2 of part E of title IX (except for section 9521). (c) Use of funds (1) Student grants (A) In general Each participating State shall use the funds made available under section 1122 and not reserved under paragraph (2) or (3) to carry out a Scholarships for Kids program, under which the State shall— (i) establish a per-pupil amount for the grants under this section, based on the number of eligible children in the State, as described in subparagraph (B); and (ii) make a grant available on behalf of each eligible child, in the amount determined under such subparagraph, that the parents of the eligible child may use for any of the following purposes, as allowed by State law: (I) To supplement the budget of any public school the eligible child is able to attend without fees. (II) To pay for all, or a portion, of any fees required to attend another public school in the participating State. (III) To pay for all, or a portion, of the tuition and fees required to attend an accredited or otherwise State-approved private school. (IV) To pay for all, or a portion, of the fees required to participate in a State-approved supplemental educational services program. (B) Calculation of grant amounts Each participating State shall calculate the amount of the grant to be awarded to each eligible child for each fiscal year by dividing the allocation to the participating State under this subpart remaining after the participating State reserves any funds under paragraph (2) or (3), by the total number of eligible children, as determined by the participating State. (2) Administrative expenses A participating State may reserve not more than 3 percent of its allocation under section 1122 for administrative costs associated with carrying out the participating State’s duties and functions under this section, including— (A) certifying the eligibility of children living in the participating State; (B) disseminating information to parents of eligible children about public schools, private schools, and programs of supplemental educational services that are available to eligible children in the participating State; (C) paying the costs of administering any tests required to be administered to eligible children participating in the program; and (D) providing subgrants to local educational agencies in the participating State for any of these purposes. (3) Transportation for eligible children A participating State may reserve not more than 2 percent of its allocation under section 1122 to provide transportation for eligible children to the public school, private school, or supplemental educational services program the eligible children attend in accordance with paragraph (1)(A)(ii). (d) State declaration of intent (1) In general In order to carry out a Scholarships for Kids program under this section, a State educational agency shall submit a declaration of intent to exercise the State option for a Scholarships for Kids program to the Secretary that satisfies the requirements of this subsection. (2) Contents Each declaration of intent submitted under paragraph (1) shall provide the following: (A) A description of the program to be administered under this section, including the per-student amount calculated under subsection (c)(1)(B) that will follow each eligible child to the school or supplemental educational services program the eligible child attends. (B) An assurance that funds made available under this section will be spent in accordance with the requirements of this section. (C) (i) An assurance that the State will provide a parent of each eligible child within the State who receives or is offered a grant under this section with the option to use grant funds for 1 (or more than 1 if the parent so chooses) of any of the following, as allowed by State law: (I) To supplement the budget of any public school the eligible child is able to attend without fees. (II) To pay for all, or a portion, of any fees required to attend another public school in the participating State. (III) To pay for all, or a portion, of the tuition and fees to attend an accredited or otherwise State-approved private school. (IV) To pay for all, or a portion, of the fees required to participate in a supplemental educational services program. (ii) A description of the procedures the State will implement to carry out the requirements of clause (i), including any accreditation or other method by which the State will approve private schools and providers of supplemental educational services programs to accept grant funds under this section. (D) An assurance that the State will publish, in a widely read or distributed medium, an annual report that contains— (i) the number of students, schools, and providers of programs of supplemental educational services that participated in the program assisted under this section; (ii) information regarding the academic progress of students receiving a grant under this section in meeting challenging State student academic achievement standards under section 1111(b)(1), if the State requires that students receiving a grant participate in the academic assessments administered under section 1111(b)(3); and (iii) such other information as the State may require. (E) A description of how the State will define continuing eligibility with respect to children who have participated in the State's Scholarships for Kids program for the preceding year, in accordance with subsection (a)(1)(B). (F) An assurance that the State will assist each local educational agency, public school, and participating private school affected by the State declaration of intent to meet the requirements of this section. (G) An assurance that the State will use Federal funds awarded as grants to eligible children under this section to supplement any funds from non-Federal sources that would, in the absence of such Federal funds, be made available to such students or to the schools or programs of supplemental educational services the students attend, and not to supplant such funds. (H) An assurance that the State will comply with the requirements of paragraphs (1), (3), (6), and (7) of subsection (b), and subsection (h), of section 1111. (I) An assurance that the State will participate in biennial State academic assessments in grades 4 and 8 in reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments. (3) Review and approval by the secretary (A) In general The Secretary shall— (i) establish a process to review the declarations of intent received from States under this subsection; and (ii) by not later than 30 days after the submission of a State declaration of intent, approve the State declaration or, if the Secretary clearly demonstrates that the State declaration of intent does not meet the requirements of this subsection, carry out the requirements of paragraph (4). (B) Standard and nature of review The Secretary shall conduct a good faith review of State declarations of intent in their totality and in deference to State and local judgments, with the goal of promoting parental choice. (4) State declaration of intent determination, demonstration, and revision If the Secretary determines that a State declaration of intent does not meet the requirements of this subsection, the Secretary shall, prior to disapproving the declaration of intent— (A) immediately notify the State of the determination; (B) provide to the State a detailed description of the specific requirements of this subsection that the Secretary determined were not met in the declaration of intent; (C) offer the State an opportunity to revise and resubmit its declaration of intent within 30 days of the determination; (D) provide technical assistance, upon request of the State, in order to assist the State in meeting the requirements of this subsection; and (E) provide an opportunity for a public hearing not later than 30 days after receiving from the State a revised declaration of intent, with public notice provided not less than 15 days before the hearing. (5) State declaration of intent disapproval The Secretary shall have the authority to disapprove a State declaration of intent if— (A) the State has been notified and offered an opportunity to revise and resubmit the declaration of intent with technical assistance, in accordance with paragraph (4); and (B) (i) the State does not submit a revised declaration of intent; or (ii) the State submits a revised declaration of intent that the Secretary determines, after an opportunity for a hearing conducted in accordance with paragraph (4)(E), does not meet the requirements of this subsection. (6) Recognition by operation of law If the Secretary fails to take action on a declaration of intent submitted by a State within the time specified in paragraph (3)(A)(ii), the declaration of intent, as submitted, shall be deemed to be approved. (7) Limitations The Secretary shall not have the authority to require a State, as a condition of approval of the State declaration of intent under this subsection, to— (A) submit any standards for academic content or student academic achievement for review or approval; (B) enter into a voluntary partnership with another State to develop and implement academic assessments, State academic content standards, and accountability systems; (C) include in, or delete from, such a declaration of intent any criterion that specifies, describes, or prescribes any standard or measure that the State uses to establish, implement, or improve— (i) State standards; (ii) assessments; (iii) State accountability systems; (iv) systems that measure student growth; (v) measures of other academic indicators; or (vi) teacher and principal evaluation systems; or (D) require the collection, publication, or transmission to the Department of individual student data that is not expressly required to be collected under this Act. (e) Accountability for academic progress A participating State may require each eligible child receiving a grant under this section to take academic assessments implemented by the State educational agency under section 1111(b)(3) or an alternative assessment approved by the State educational agency of the participating State, if the participating State pays any costs associated with administering the assessment. (f) Nondiscrimination and other requirements for schools and providers of supplemental educational services programs (1) Nondiscrimination (A) In general Except as provided in subparagraph (B), a school or provider of a supplemental educational services program that participates in a program under this section by accepting grant funds under this section on behalf of an eligible child under this section shall agree to not discriminate against program participants or applicants on the basis of race, color, national origin, religion, or sex. (B) Exceptions (i) In general Notwithstanding any other provision of law, the prohibition of sex discrimination in subparagraph (A) shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of subparagraph (A) is inconsistent with the religious tenets or beliefs of the school. (ii) Single-sex school, class, or activity Notwithstanding subparagraph (A) or any other provision of law, a parent may choose, and a school may offer, a single-sex school, class, or activity. (C) Applicability Section 909 of the Education Amendments of 1972 ( 20 U.S.C. 1688 (2) Children with disabilities Nothing in this section shall be construed to alter or modify the Individuals with Disabilities Education Act. (3) Rules of conduct and other school policies A participating school or provider of supplemental educational services may require eligible children attending the school or receiving the services, respectively, to abide by any rules of conduct or other requirements applicable to all other students served by the school or the provider of supplemental educational services. (4) Religiously affiliated schools and providers of supplemental educational services (A) In general Notwithstanding any other provision of law, a school or provider of supplemental educational services participating in a program under this section that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1 et seq.), including the exemptions in such title. (B) Maintenance of purpose Notwithstanding any other provision of law, funds made available under this section to eligible students that are received by a participating school or supplemental educational services provider, as a result of their parents' choice, shall not, consistent with the first amendment of the Constitution of the United States— (i) necessitate any change in the participating school's teaching mission; (ii) require any participating school to remove religious art, icons, scriptures, or other symbols; or (iii) preclude any participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (g) National program assessment (1) In general The Secretary, acting through the Director of the Institute of Education Sciences, shall carry out a national assessment of activities carried out with Federal funds under this section in order— (A) to determine the effectiveness of this section in achieving the purposes of this section; and (B) to provide timely information to the President, Congress, the States, local educational agencies, and the public on how to implement this section more effectively, including recommendations for legislative and administrative action that can achieve the purposes of this section more effectively. (2) Scope of assessment The national assessment shall assess activities supported under this section, including— (A) the implementation of programs assisted under this section by participating States and the impact of such programs on improving the academic achievement of low-income children to meet the challenging academic content and student academic achievement standards adopted by the participating States under section 1111(b)(1), based on the State academic assessments adopted under section 1111(b)(3), to the extent applicable; (B) the types of programs and services in participating States that have demonstrated the greatest effectiveness in helping low-income students reach the challenging academic content and student academic achievement standards developed by the participating States; and (C) the effectiveness of States, local educational agencies, schools, and other recipients of assistance under this section in achieving the purposes of this section, by— (i) improving the academic achievement of low-income children and their performance on State assessments, where applicable, as compared with other children; and (ii) improving the participation of parents of low-income children in the education of their children. (3) Sources of information and data collection (A) In general In conducting the assessment under this subsection, the Secretary shall— (i) analyze existing data from States required for reports under this Act and the Individuals with Disabilities Education Act, and summarize major findings from such reports; and (ii) analyze data from the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act. (B) Special rule The information and data used to prepare the assessment, as described in subparagraph (A), shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (4) Reports (A) Interim report Not later than 3 years after the date of enactment of the Scholarships for Kids Act (B) Final report Not later than 5 years after the date of enactment of the Scholarships for Kids Act (h) Prohibition against federal mandates, direction, or control Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, control, or exercise any direction or supervision over the instructional content or materials, curriculum, program of instruction, academic content and student academic achievement standards, or academic assessments of a State, local educational agency, elementary school or secondary school, or provider of supplemental educational services. . 4. Authorization of appropriations Section 1002 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6302 1002. Authorization of appropriations For the purpose of carrying out part A, there are authorized to be appropriated $23,955,840,000 for fiscal year 2015 and each of the 5 succeeding fiscal years. . 5. Program consolidation (a) Consolidation of certain Federal education programs The following provisions are repealed: (1) Section 1003 and parts B, C, D, E, F, G, and H of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (2) Titles II, III, IV, V, VI, and VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq., 6801 et seq., 7101 et seq., 7301 et seq., 7401 et seq.). (3) Clauses (iii) and (iv) of section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B)(iii) (4) The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (5) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. (6) The Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9601 et seq. (7) Part A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1022 et seq. (8) Sections 402B and 402C of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–12 (9) Section 410 of the Agricultural Research Extension, and Education Reform Act of 1998 (7 U.S.C. 7630). (10) Section 1417(j) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3152(j) (11) Section 4101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 280h–4 (12) Section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n). (13) Section 399Z–1 of the Public Health Service Act (42 U.S.C. 280h–5). (14) Sections 14005, 14006, and 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 282). (b) Effective date Subsection (a) shall take effect on October 1, 2015. (c) Additional conforming amendments (1) In general After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, each applicable Secretary shall prepare recommended legislation containing technical and conforming amendments to reflect the changes made by this Act. (2) Submission to Congress Not later than 6 months after the date of enactment of this Act, each applicable Secretary shall submit the recommended legislation referred to under paragraph (1) to the appropriate committees of Congress. (3) Definition of applicable Secretary For purposes of this section, the term applicable Secretary

Scholarships for Kids Act

College Affordability and Innovation Act of 2014 - Directs the Secretary of Education to award 5-year grants to up to 15 institutions of higher education (IHEs) to carry out new or existing high-quality programs designed to graduate students with certificates or degrees at significantly lower student costs and within shorter time periods than traditional programs. Includes among those programs, those that: use online instruction; use direct assessments rather than credit hours or clock hours as the measure of student learning; integrate experiential learning and customized curricula to promote completion or alignment with medium- and long-term employment needs; allow students to be dually or concurrently enrolled in the postsecondary program and a secondary school, or a postsecondary program and a graduate program; or use any other innovative, evidence-based method of providing students with a cost-effective, high-quality, postsecondary education. Authorizes the Secretary to waive the application to grantees of specified provisions of the Higher Education Act of 1965 (HEA) that would inhibit their operation of innovative education programs. Directs the Secretary to: establish and annually administer an evaluation and accountability process for the programs; review policies and identify those that impede the development and use of innovative methods of expanding access to, and success in, education; establish measures to assess the quality of the programs, including a minimum standard of quality that they must meet; and direct an independent third-party evaluator to conduct a final evaluation of the effectiveness of each program in providing students with a quality education at lower costs and within shorter time periods than traditional programs. Requires the establishment of a Commission on Higher Education Accountability Standards, composed of higher education stakeholders, to make recommendations to the Secretary on a set of minimum accountability standards IHEs' undergraduate programs must meet with respect to affordability, accessibility, and value in order to participate in the programs under title IV (Student Assistance) of the HEA. Directs the Secretary, after considering those recommendations, to establish IHE affordablity, accessibility, and value accountability standards that, at a minimum, take into account each IHE's: (1) average or mean cost of attendance, minus grant aid; (2) percentage of enrolled students who are recipients of a Federal Pell Grant; and (3) student loan repayment rates. Requires the Secretary to conduct an annual assessment of schools' compliance with those standards. Deems noncompliant schools to be on probation and requires them to work with the Secretary on a plan to achieve compliance within five years. Requires schools that do not make continuous improvement toward the accountability standards 2 years, 3 years, and 4 years after being placed on probation to pay the Secretary an amount equal to 10%, 20%, and 30%, respectively, of the title IV funds they make available to undergraduate students. Makes schools that fail to achieve compliance within five years of being placed on probation ineligible for title IV funds. Directs the Secretary to place the amounts collected from noncompliant schools in a special fund that is to be used to award competitive grants to IHEs that meet or exceed the accountability standards. Requires grantees to use the funds to provide need-based aid to students who are eligible for Federal Pell Grants.

113 S1969 IS: College Affordability and Innovation Act of 2014 U.S. Senate 2014-01-29 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 113th CONGRESS 2d Session S. 1969 IN THE SENATE OF THE UNITED STATES January 29, 2014 Mr. Murphy Mr. Schatz Mrs. Murray Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To provide for higher education reform. 1. Short title This Act may be cited as the College Affordability and Innovation Act of 2014 2. Definitions In this Act: (1) Authorizing committees The term authorizing committees (2) Secretary The term Secretary 3. Pilot program to promote innovation in higher education (a) Purpose; definition (1) Purpose The purpose of this section is to authorize an evidence-based grant program to promote greater experimentation among institutions of higher education to increase the level of student attainment of postsecondary and graduate certificates and degrees through innovative programs designed to decrease the cost and time required to complete postsecondary and graduate programs while improving the quality and effectiveness of postsecondary education programs, providing accelerated degree or certificate programs, and increasing on-time graduation rates. (2) Institution of higher education In this section, the term institution of higher education 20 U.S.C. 1002 (b) Incentive grants for innovative programs that improve quality and affordability (1) In general (A) Grants The Secretary shall, for a 5-year award term, award grants to not more than 15 institutions of higher education, through a competitive process described in this section, to enable the institutions to carry out programs designed to graduate students with certificates or degrees at significantly lower costs for students and within shorter time periods than traditional programs while improving the quality and effectiveness of the programs. (B) Good standing requirement Only those institutions of higher education that are in good standing with the administration of their student assistance programs under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (2) Distribution of grant funds Grant payments shall be awarded with an initial distribution of 20 percent of the total grant amount, followed by a distribution of 10 percent of the total grant amount prior to the second, third, and fourth years of the program, and the remaining 50 percent of the total grant amount after the program receives its final satisfactory annual evaluation by the Secretary in accordance with subsection (f)(1). (3) Description of innovative programs The programs described under paragraph (1) shall include those that— (A) utilize online instruction, including distance education (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 (B) utilize direct assessment programs, as described in section 481(b)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b)(4) (C) utilize integration of experiential learning and design of customized programs of study, to promote completion or alignment with medium- and long-term employment needs; (D) allow students to be dually or concurrently enrolled in the postsecondary program and a secondary school, or a postsecondary program and a graduate program; or (E) utilize any other innovative, evidence-based method of postsecondary education that provides cost-effective, high-quality methods for instruction, student learning, and use of available technology-based resources, including hybrid models incorporating elements of the program types set forth in subparagraphs (A), (B), (C), and (D), and adaptive learning technologies. (c) Applications (1) In general An institution of higher education that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall include— (A) a description of the institution’s quality assurances for the programs to be offered; (B) a description of the statutory and regulatory requirements for which a waiver is sought under subsection (e) and the reasons for which the waiver is sought; (C) a description of the programs to be offered; (D) a description of the students eligible for the programs offered, including any eligibility limitations; (E) an assurance that the institution will fully cooperate with the ongoing evaluations of the programs provided for in this section; (F) a description of how the proposed program will improve the quality of its postsecondary certificates or degrees, reduce tuition and other costs to students, and reduce enrollment time; (G) a description of the data (or any other evidence) that indicate that the programs to be offered will likely lead to the outcomes described in subparagraph (F); (H) a complete listing of the institution’s performance goals and measures regarding assessments of the quality of its postsecondary certificates or degrees, amount of tuition and costs charged to students, and the amount of enrollment time needed by students to complete the postsecondary certificates or degrees; and (I) any other information as the Secretary may require. (d) Awarding of grants (1) In general The Secretary shall award grants under this section to institutions of higher education for new or existing programs. (2) Priority In awarding grants under this section, the Secretary shall give priority to an institution of higher education that the Secretary determines— (A) is financially responsible, as described in section 498(c)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1099c(c)(1) (B) has a proven record of graduating students from the other programs of the institution; (C) has a proven record of graduates from the other programs of the institution securing full-time employment; (D) simultaneously addresses income-related inequalities in remedial education, college access, persistence rates, and graduation rates; (E) has support services in place, such as counseling, coaching, mentoring, and outreach, that are designed to assist all students in obtaining information and making decisions regarding financial aid, and degree or certificate likelihood of persistence and completion; (F) will serve low-income students, adult students aged 25 years and older, and part-time students; (G) will support programs that are replicable at a range of institutions of higher education if they are demonstrated to be successful; and (H) has presented the strongest evidence in support of their likely outcomes, as required under subsection (c)(2)(G). (3) Diverse populations In awarding grants under this section, the Secretary shall ensure the participation of diverse student populations, including rural and urban populations, and of a diverse range of institutions. (4) Publication of grantees The Secretary shall make available to the public and to the authorizing committees a list of the institutions of higher education awarded a grant under this section, including a listing of the specific statutory and regulatory requirements being waived for each institution and a description of the programs and courses to be offered. (e) Waivers (1) In general Except as provided under paragraph (2), with respect to institutions of higher education awarded grants under this section, the Secretary may waive— (A) subsection (a) or (b) of section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088(a) (B) subparagraph (A) or (B) of section 102(a)(3) of such Act ( 20 U.S.C. 1002(a)(3)(A) (C) one or more of the regulations promulgated to carry out part F or G of title IV of such Act ( 20 U.S.C. 1087kk et seq. (D) any other requirement under title IV of such Act ( 20 U.S.C. 1070 et seq. 20 U.S.C. 1098a (2) Prohibition of waiver The Secretary shall not waive, pursuant to paragraph (1), any provision under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (f) Evaluation and reports (1) Evaluation and accountability process The Secretary shall establish an evaluation and accountability process for the programs authorized under this section and shall administer such process on an annual basis. Such evaluations shall include— (A) the extent to which the institution of higher education has met the goals set forth in its application to the Secretary, including the quality of education provided by participating programs; (B) the number and types of students participating in the programs offered, including the progress of participating students toward recognized certificates or degrees; (C) issues related to student financial assistance; (D) the extent to which any statutory or regulatory requirements present difficulties for students or institutions in the participating programs; and (E) an analysis of the program’s progress with each of its objectives, including the number and rate of completion of participating students toward recognized certificates or degrees, prices charged to students, time required to complete the participating programs, on-time completion rates of participating students, and indicators of program quality. (2) Review The Secretary shall review policies and identify those policies that present impediments to the development and use of innovative programs and other nontraditional methods of expanding success and access to education. (3) Measures The Secretary shall establish measures to assess the quality of the education provided by participating programs under this section, including a minimum standard of quality that participating programs shall meet. (4) Reports The Secretary shall provide reports to the authorizing committees on an annual basis regarding— (A) the programs authorized under this section; and (B) the number and types of students receiving assistance under this section for instruction leading to a recognized degree or certificate, including the progress of such students toward recognized certificates and the degree to which participation in such programs leading to such certificates increased. (5) Duties of the secretary In conducting the program authorized under this section, the Secretary shall, on a continuing basis— (A) ensure compliance of institutions of higher education with the requirements of this section (other than the sections and regulations that are waived under subsection (e)); (B) provide technical assistance; (C) monitor fluctuations in the student population enrolled in the participating program; and (D) assess whether each participating program is improving the quality of postsecondary credentials and meeting the quality control measures set by the Secretary. (g) Consumer protection for students (1) Program termination If a program funded under this section terminates on its accord at any point during which the program is receiving funds under this section, or if the Secretary determines that the program does not meet the minimum standard of quality as required under subsection (f)(3)— (A) the institution of higher education administering the program shall provide immediate notice to students enrolled in the program and shall prepare a teach-out plan, as described in section 487(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(f) (B) the Secretary shall— (i) ensure that— (I) no additional program funds are distributed to the program; and (II) the institution of higher education administering the program is in compliance with the notice and teach-out requirements under subparagraph (A); and (ii) assess a fine to an institution of higher education administering the program that is not in compliance with the notice and teach-out requirements under subparagraph (A). (2) Notice and disclosure for students An institution of higher education administering a participating program under this section shall provide notice to all students before they enroll in the participating program that such program is receiving grant funds under this section and may be terminated, as described in paragraph (1). (h) Final evaluation by third-Party reviewer (1) In general The Secretary shall direct an independent third-party evaluator to review all participating programs and conduct a final evaluation in order to determine the evidence of the effectiveness of each program in achieving its objectives with regard to the quality of the education provided, reducing the cost of the degree or certificate program, and shortening the amount of time needed to complete the degree or certificate program. (2) Evaluation methodology The independent third-party evaluator shall establish evaluation methodology in carrying out the final evaluation under paragraph (1). (3) Submission to authorizing committees The independent third-party evaluator shall publicize the final evaluation and submit such evaluation to the authorizing committees. (4) Funding Not more than 1 percent of the total amount appropriated to carry out this section may be used to carry out this subsection. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $260,000,000 for fiscal year 2015; and (2) such sums as may be necessary for each succeeding fiscal year. 4. Higher education accountability (a) Purpose; definition (1) In general The purpose of this section is to establish minimum institutional accountability standards that will be required of all institutions of higher education that receive funds or whose students receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (2) Institution of higher education In this section: (A) In general The term institution of higher education 20 U.S.C. 1002 (B) Exception The term institution of higher education (C) Institutions To the extent an institution offers undergraduate programs of study and graduate or professional degree programs of study, for purposes of this section, the term institution of higher education (b) Commission on higher education accountability standards (1) In general Not later than 90 days after the date of enactment of this Act, there shall be established a Commission on Higher Education Accountability Standards (referred to in this section as the Commission (2) Composition of the Commission (A) In general Members of the Commission shall be appointed as follows: (i) 5 members shall be appointed by the Majority Leader of the Senate, with the concurrence of the Minority Leader of the Senate on 2 of such members. (ii) 5 members shall be appointed by the Majority Leader of the House of Representatives, with the concurrence of the Minority Leader of the House of Representatives on 2 of such members. (iii) 5 members shall be appointed by the Secretary, including at least 1 member from the National Center for Education Statistics and 1 member from the Federal Student Aid Office of the Department of Education. (iv) In the event that any member of the Commission has not been appointed during the 90-day period after the date of enactment of this Act, the Secretary shall appoint the remaining member in order to establish the Commission. (B) General qualifications Members of the Commission shall be appointed on the basis of the individuals’— (i) experience, integrity, impartiality, and good judgment; and (ii) except with respect to the undergraduate students, technical qualifications and professional standing. (C) Members of the commission Members appointed under subparagraph (A) shall be comprised of the following relevant stakeholders: (i) 2 undergraduate student leaders from different types of institutions of higher education. (ii) 2 members of national or regional student advocacy organizations with a track record of engagement and expertise on issues related to college costs and student debt. (iii) 1 consumer advocate or consumer protection expert with demonstrated knowledge of consumer protection issues related to undergraduate students. (iv) 2 representatives of faculty groups or associations with expertise related to higher education finance or governance. (v) 1 State government official with demonstrated knowledge of State budgeting and higher education funding. (vi) 3 administrative officers from various types of institutions of higher education, including at least 1 from a minority-serving institution. (vii) 1 higher education researcher. (viii) 1 State postsecondary education data system director. (ix) 1 member from the National Center for Education Statistics. (x) 1 member from the Federal Student Aid Office of the Department of Education. (3) Recommendations (A) In general The Commission shall make recommendations on a set of minimum accountability standards that institutions of higher education must meet with respect to affordability, accessibility, and value in order to receive funds or that the students of such institutions may receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) Required measures The Commission shall include, at a minimum, the following measures as part of the minimum accountability standards it shall recommend: (i) Affordability The average or mean cost of tuition and other costs required for attendance after all institutional, Federal, and State grant aid is taken into account. (ii) Accessibility The percentage of the total number of enrolled students who are recipients of a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. (iii) Value Student loan repayment rates. (C) Other measures The Commission shall make recommendations on additional measures to comprise the minimum accountability standards, including the following: (i) Affordability The Commission shall make recommendations on additional higher education affordability measures, including the appropriateness of the following: (I) The cost of tuition relative to the cost to the institution of educating a student and the institution’s administrative costs. (II) The percentage of institutional aid that is awarded on the basis of need, as opposed to merit. (III) Annual increases in tuition after taking into account all public subsidies. (ii) Accessibility The Commission shall make recommendations on higher education accessibility measures, including the appropriateness of the following: (I) Enrollment of low- and middle-income, underrepresented minorities, and adult students aged 25 and older. (II) Whether institutional policies on credit transfers meet industry standards by type of receiving institution. (iii) Value The Commission shall make recommendations on measures of higher education value, including the appropriateness of the following: (I) Student progress toward completion of a postsecondary degree or certificate. (II) Student completion of a postsecondary degree or certificate, including for transfer and part-time students, or where applicable, transfer rates to 4-year degree programs. (III) Student retention rates. (IV) Full-time employment and graduate degree enrollment rates after graduation. (4) Considerations The Commission shall take into account the differences in missions of institutions of higher education and ensure that institutions are held to standards that are appropriate for their mission. (5) Hearings and report (A) Hearings Not later than 6 months after the date of the appointment of the final member of the Commission, the Commission shall hold public field hearings in all regions of the United States. The Commission shall hold not fewer than 8 hearings. (B) Report Not later than 1 year after the date of the appointment of the final member of the Commission, the Commission shall prepare a report on the recommendations under paragraph (3) and submit the report to the Secretary and the authorizing committees. The report shall include the following: (i) Recommendations for minimum accountability standards and the measures for assessing compliance with those standards for every institution of higher education that receives funds or whose students receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. 20 U.S.C. 1001 et seq. (ii) Recommendations for applying the standards to institutions of higher education with different academic missions. (iii) Recommendations for periodic reevaluation of the standards and their efficacy by the Secretary. (iv) Recommendations for sharing institutions’ performance with respect to the standards with prospective students and conducting complementary consumer education for students. (v) Recommendations for the criteria the Secretary should use to reward institutions of higher education that meet and exceed the minimum accountability standards. (vi) Recommendations to Congress on reforms to statutory or regulatory limitations on the collection and availability of data that would improve the Secretary’s ability to assess institutions’ compliance with minimum standards of affordability, accessibility, and value. (6) Securing information The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. (7) Final standards (A) In general Not later than 1 year after receiving the report under paragraph (5), the Secretary shall publish a final rule on institutional accountability standards. The standards shall be determined by the Secretary after giving due consideration to the recommended standards provided by the Commission. The Secretary shall set forth in writing the reasons for any deviation from the Commission’s recommendations for any standard or measure and shall submit the written statement to the authorizing committees. (B) Required measures to be included In carrying out subparagraph (A), the Secretary shall include the measures described in subsection (b)(3)(B) that the Commission is required to include as part of its minimum accountability standards. (8) Assessment The Secretary shall annually assess compliance with the institutional accountability standards. On September 30 of the year following the publication of the final rule as required under paragraph (7) and every year thereafter, the Secretary shall publish a list of each institution of higher education that participates in title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (9) Implementation The Secretary shall establish procedures to implement this subsection, including procedures for effectively applying this subsection. (10) Termination The Commission shall terminate 60 days after the date on which the Commission submits the report under paragraph (5). (c) Incentivize improvement for below-Standard institutions (1) In general An institution of higher education that participates in title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (A) shall be deemed to be in probationary status; and (B) shall work with the Secretary to develop a plan for how the institution will achieve compliance not later than 5 years after the date of the determination of noncompliance. (2) Continuous improvement For each year following a determination that an institution of higher education does not meet the institutional accountability standards adopted under subsection (b), the institution shall demonstrate to the Secretary continuous improvement in following its plan to achieve compliance. (3) Failure to make continuous improvement (A) In general (i) 2 years out If an institution of higher education does not show continuous improvement 2 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 10 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (ii) 3 years out If an institution of higher education does not show continuous improvement 3 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 20 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (iii) 4 years out If an institution of higher education does not show continuous improvement 4 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 30 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) Waiver and payment plan (i) Waiver The Secretary may waive a requirement of an institution of higher education paying the amount owed pursuant to subparagraph (A) if the Secretary determines such a waiver is necessary to avoid extreme hardship for the students enrolled at such institution. (ii) Payment plan The Secretary may allow an institution of higher education that owes an amount under subparagraph (A) to enter into a payment plan to pay such amount. (C) Fund There shall be established a special fund in which amounts refunded by an institution of higher education under this paragraph shall be placed to be used pursuant to subsection (d). (4) Noncompliance five years out If an institution of higher education fails to achieve compliance by not later than the date that is 5 years after the date of the determination that the institution does not meet the institutional accountability standards, the institution— (A) shall not be eligible to receive funds under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) shall be required to submit a teach-out plan, as described in section 487(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(f) (C) shall be eligible to receive funds under such title IV when the institution is able to demonstrate compliance with the institutional accountability standards. (d) Authorization of reward grant program (1) In general From amounts available in the fund established pursuant to subsection (c)(3)(C), the Secretary shall award grants, on a competitive basis, to institutions of higher education that meet or exceed the institutional accountability standards adopted under subsection (b). In determining the criteria for awarding grants, the Secretary shall give due consideration to the recommendations of the Commission. (2) Use for financial aid An institution of higher education awarded a grant under paragraph (1) shall use the grant funds for need-based aid to students who are eligible for Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq.

College Affordability and Innovation Act of 2014

Retirement Security Act of 2014 - Directs the Secretary of the Treasury to: (1) prescribe final regulations to permit employers to participate in multiple employer pension benefit plans, (2) promulgate regulations or other guidance to simplify and clarify rules relating to the timing of participant notices required under tax-preferred pension plans and the automatic escalation rules, and (3) modify the 1040EZ tax return form to allow taxpayers to claim the tax credit for retirement savings (saver's credit) on such form. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code, with respect to employer pension benefit plans, to: (1) allow employers to maintain a tax-exempt multiple employer pension benefit plan even if the employers sponsoring the plan share no common interest, (2) modify requirements for secure deferral arrangements with respect to nondiscrimination and employer matching contributions, and (3) allow employers with not more than 100 employees a business-related tax credit to cover increased matching contributions required by this Act.

113 S1970 IS: Retirement Security Act of 2014 U.S. Senate 2014-01-29 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 113th CONGRESS 2d Session S. 1970 IN THE SENATE OF THE UNITED STATES January 29, 2014 Ms. Collins Mr. Nelson Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify safe harbor requirements applicable to automatic contribution arrangements, and for other purposes. 1. Short title This Act may be cited as the Retirement Security Act of 2014 2. Elimination of disincentive to pooling for multiple employer plans (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe final regulations under which a plan described in section 413(c) 3. Modification of ERISA rules relating to multiple employer defined contribution plans (a) In general (1) Requirement of common interest Section 3(2) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: (C) (i) A qualified multiple employer plan shall not fail to be treated as an employee pension benefit plan or pension plan solely because the employers sponsoring the plan share no common interest. (ii) For purposes of this subparagraph, the term qualified multiple employer plan section 413(c) (I) is an individual account plan with respect to which the requirements of clauses (iii), (iv), and (v) are met, and (II) includes in its annual report required to be filed under section 104(a) the name and identifying information of each participating employer. (iii) The requirements of this clause are met if, under the plan, each participating employer retains fiduciary responsibility for— (I) the selection and monitoring of the named fiduciary, and (II) the investment and management of the portion of the plan's assets attributable to employees of the employer to the extent not otherwise delegated to another fiduciary. (iv) The requirements of this clause are met if, under the plan, a participating employer is not subject to unreasonable restrictions, fees, or penalties by reason of ceasing participation in, or otherwise transferring assets from, the plan. (v) The requirements of this clause are met if each participating employer in the plan is an eligible employer as defined in section 408(p)(2)(C)(i) (I) by substituting 500 100 (II) by substituting 5 2 (III) without regard to the last sentence of subclause (II) thereof. . (2) Simplified reporting for small multiple employer plans Section 104(a) of such Act ( 29 U.S.C. 1024(a) (7) (A) In the case of any eligible small multiple employer plan, the Secretary may by regulation— (i) prescribe simplified summary plan descriptions, annual reports, and pension benefit statements for purposes of section 102, 103, or 105, respectively, and (ii) waive the requirement under section 103(a)(3) to engage an independent qualified public accountant in cases where the Secretary determines it appropriate. (B) For purposes of this paragraph, the term eligible small multiple employer plan (i) a qualified multiple employer plan, as defined in section 3(2)(C)(ii), or (ii) any other plan described in section 413(c) . (b) Effective date The amendments made by this section shall apply to years beginning after December 31, 2014. 4. Secure deferral arrangements (a) In general Subsection (k) of section 401 (14) Alternative method for secure deferral arrangements to meet nondiscrimination requirements (A) In general A secure deferral arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Secure deferral arrangement For purposes of this paragraph, the term secure deferral arrangement (C) Qualified percentage For purposes of this paragraph, with respect to any employee, the term qualified percentage (i) at least 6 percent, but not greater than 10 percent, during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in paragraph (13)(C)(i) is made with respect to such employee, (ii) at least 8 percent during the first plan year following the plan year described in clause (i), and (iii) at least 10 percent during any subsequent plan year. (D) Matching contributions (i) In general For purposes of this paragraph, an arrangement shall be treated as having met the requirements of paragraph (13)(D)(i) if and only if the employer makes matching contributions on behalf of each employee who is not a highly compensated employee in an amount equal to the sum of— (I) 100 percent of the elective contributions of the employee to the extent that such contributions do not exceed 1 percent of compensation, (II) 50 percent of so much of such contributions as exceed 1 percent but do not exceed 6 percent of compensation, plus (III) 25 percent of so much of such contributions as exceed 6 percent but do not exceed 10 percent of compensation. (ii) Application of rules for matching contributions The rules of clause (ii) of paragraph (12)(B) and clauses (iii) and (iv) of paragraph (13)(D) shall apply for purposes of clause (i) but the rule of clause (iii) of paragraph (12)(B) shall not apply for such purposes. The rate of matching contribution for each incremental deferral must be at least as high as the rate specified in clause (i), and may be higher, so long as such rate does not increase as an employee’s rate of elective contributions increases. . (b) Matching contributions and employee contributions Subsection (m) of section 401 (13) Alternative method for secure deferral arrangements A defined contribution plan shall be treated as meeting the requirements of paragraph (2) with respect to matching contributions and employee contributions if the plan— (A) is a secure deferral arrangement (as defined in subsection (k)(14)), (B) meets the requirements of clauses (ii) and (iii) of paragraph (11)(B), and (C) provides that matching contributions on behalf of any employee may not be made with respect to an employee’s contributions or elective deferrals in excess of 10 percent of the employee’s compensation. . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 5. Credit for employers with respect to modified safe harbor requirements (a) In general Subpart D of part IV of subchapter A of chapter 1 45S. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements (a) General rule For purposes of section 38, in the case of a small employer, the safe harbor adoption credit determined under this section for any taxable year is the amount equal to the total of the employer's matching contributions under section 401(k)(14)(D) during the taxable year on behalf of employees who are not highly compensated employees, subject to the limitations of subsection (b). (b) Limitations (1) Limitation with respect to compensation The credit determined under subsection (a) with respect to contributions made on behalf of an employee who is not a highly compensated employee shall not exceed 2 percent of the compensation of such employee for the taxable year. (2) Limitation with respect to years of participation Credit shall be determined under subsection (a) with respect to contributions made on behalf of an employee who is not a highly compensated employee only during the first 5 years such employee participates in the qualified automatic contribution arrangement. (c) Definitions (1) In general Any term used in this section which is also used in section 401(k)(14) shall have the same meaning as when used in such section. (2) Small employer The term small employer (d) Denial of double benefit No deduction shall be allowable under this title for any contribution with respect to which a credit is allowed under this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 (1) by striking plus (2) by striking the period at the end of paragraph (36) and inserting , plus (3) by adding at the end the following new paragraph: (37) the safe harbor adoption credit determined under section 45S. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 Sec. 45S. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements. . (d) Effective date The amendments made by this section shall apply to taxable years that include any portion of a plan year beginning after December 31, 2014. 6. Modification of regulations The Secretary of the Treasury shall promulgate regulations or other guidance that— (1) simplify and clarify the rules regarding the timing of participant notices required under section 401(k)(13)(E) (A) plans that allow employees to be eligible for participation immediately upon beginning employment, and (B) employers with multiple payroll and administrative systems, and (2) simplify and clarify the automatic escalation rules under sections 401(k)(13)(C)(iii) and 401(k)(14)(C) of the Internal Revenue Code of 1986 in the context of employers with multiple payroll and administrative systems. Such regulations or guidance shall address the particular case of employees within the same plan who are subject to different notice timing and different percentage requirements, and provide assistance for plan sponsors in managing such cases. 7. Opportunity to claim the saver's credit on Form 1040EZ The Secretary of the Treasury shall modify the forms for the return of tax of individuals in order to allow individuals claiming the credit under section 25B

Retirement Security Act of 2014

Fair Employment Opportunity Act of 2014 - Declares it an unlawful practice for certain employers with at least 15 employees for each working day in each of at least 20 calendar weeks in the current or preceding calendar year to: (1) fail or refuse to consider for employment or to hire an individual as an employee based on present or past unemployment regardless of the length of time such individual was unemployed; (2) publish an advertisement or announcement for any job with provisions indicating that such an unemployed status disqualifies an individual and that an employer will not consider or hire an individual based on such status; and (3) direct or request that an employment agency account for such status when considering, screening, or referring applicants. Prohibits an employment agency (including agents and persons maintaining a website publishing job advertisements or announcements), based on such an individual's status as unemployed, from: (1) failing or refusing to consider, screen, or refer an individual for employment; (2) limiting, segregating, or classifying individuals in any manner limiting access to job information; or (3) publishing an advertisement or announcement for any job vacancy that includes provisions indicating that such an individual is disqualified and that an employer will not consider or hire such individuals. Prohibits similar employment practices by defined federal employing agencies covered under specified family and medical leave provisions for certain government employees. Allows consideration of an individual's status as unemployed if an individual's employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance of the job being filled. Authorizes, subject to possible termination upon the filing of certain complaints by the Secretary of Labor, one or more persons for and on behalf of the affected individual, or the affected individual and other individuals similarly situated, to bring actions in federal or state court for specified actual damages, punitive damages, and equitable relief, including employment. Directs the Secretary to: (1) receive, investigate, and attempt to resolve complaints according to specified provisions of the Fair Labor Standards Act of 1938; and (2) pay directly to each affected individual applicable sums recovered in any civil actions brought by the Secretary under this Act. Requires, with respect to the Government Printing Office (GPO) and the Library of Congress (LOC), that the Secretary's authority be exercised respectively by the Public Printer and Librarian of Congress. Sets forth a two-year statute of limitations period (three years for willful violations) for specified civil actions to be filed under this Act, except that the limitation period for filing an action by an individual is tolled during the period when the Secretary is considering a complaint against the defendant involved.

113 S1972 IS: Fair Employment Opportunity Act of 2014 U.S. Senate 2014-01-29 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 113th CONGRESS 2d Session S. 1972 IN THE SENATE OF THE UNITED STATES January 29, 2014 Mr. Blumenthal Mr. Markey Mrs. Gillibrand Mrs. Shaheen Mr. Sanders Mr. Murphy Committee on Health, Education, Labor, and Pensions A BILL To prohibit discrimination in employment on the basis of an individual’s status or history of unemployment. 1. Short title This Act may be cited as the Fair Employment Opportunity Act of 2014 2. Findings and purpose (a) Findings Congress finds that denial of employment opportunities to individuals because they are or have been unemployed is discriminatory and burdens commerce by— (1) reducing personal consumption and undermining economic stability and growth; (2) squandering human capital essential to the Nation’s economic vibrancy and growth; (3) increasing demands for Federal and State unemployment insurance benefits, reducing trust fund assets, and leading to higher payroll taxes for employers, cuts in benefits for jobless workers, or both; (4) imposing additional burdens on publicly funded health and welfare programs; and (5) depressing income, property, and other tax revenues that the Federal Government, States, and localities rely on to support operations and institutions essential to commerce. (b) Purposes The purposes of this Act are— (1) to prohibit consideration of an individual’s status as unemployed in considering applicants for, screening for, or hiring for positions, except where a requirement related to employment status is a bona fide occupational qualification reasonably necessary to successful performance in the job; and (2) to eliminate the burdens imposed on commerce due to the exclusion of such individuals from employment. I Fair employment for non-Federal employees 101. Definitions As used in this Act— (1) the term affected individual (2) the term employee 29 U.S.C. 203 chapter 63 (3) the term employer (A) means any person engaged in commerce or any industry or activity affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; (B) includes— (i) any person who acts, directly or indirectly, in the interest of an employer described in subparagraph (A) with respect to employing individuals to work for the employer; and (ii) any successor in interest of an employer described in subparagraph (A); (C) includes any public agency, as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 chapter 63 (D) includes the Government Printing Office and the Library of Congress; (4) the term employment agency (5) the term Secretary (6) the term status as unemployed 102. Prohibited acts (a) Employers It shall be an unlawful practice for an employer to— (1) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee, because of the individual’s status as unemployed; (2) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employer will not consider or hire an individual for employment based on that individual’s status as unemployed; and (3) direct or request that an employment agency take an individual’s status as unemployed into account in considering, screening, or referring applicants for employment as an employee. (b) Employment agencies It shall be an unlawful practice for an employment agency to— (1) fail or refuse to consider, screen, or refer an individual for employment as an employee based on the individual’s status as unemployed; (2) limit, segregate, or classify individuals in any manner that may limit their access to information about jobs, or consideration, screening, or referral for jobs, as employees, because of their status as unemployed; or (3) publish, in print or on the Internet or in any other medium, an advertisement or announcement for any vacancy in a job, as an employee, that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employer will not consider or hire an individual for employment based on that individual’s status as unemployed. (c) Interference with rights, proceedings or inquiries It shall be unlawful for any employer or employment agency to— (1) interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this Act; or (2) fail or refuse to hire, to discharge, or in any other manner to discriminate against any individual, as an employee, because such individual— (A) opposed any practice made unlawful by this Act; (B) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. (d) Bona fide occupational qualification Notwithstanding any other provision of this Act, consideration by an employer or employment agency of an individual’s status as unemployed shall not be an unlawful employment practice under this Act if an individual’s employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance in the job that is being filled. 103. Enforcement (a) Civil action by individual (1) Liability for employers and employment agencies Any employer or employment agency that violates subsection (a) or (b) of section 4 shall be liable to any affected individual— (A) for actual damages equal to— (i) the amount of— (I) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (II) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation or an amount of $1000 per violation per day, whichever is greater; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), and any punitive damages, except that if an employer or employment agency that has violated section 4 proves to the satisfaction of the court that the act or omission that violated section 4 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 4, such court may, in its discretion, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and (B) for such equitable relief as may be appropriate, including employment. (2) Right of action An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer or employment agency in any Federal or State court of competent jurisdiction by any 1 or more persons for and on behalf of— (A) the affected individual; or (B) the affected individual and other individuals similarly situated. (3) Fees and costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations The right provided by paragraph (2) to bring an action by or on behalf of any affected individual shall terminate— (A) on the filing of a complaint by the Secretary in an action under subsection (d) in which restraint is sought of any violation of section 4; or (B) on the filing of a complaint by the Secretary in an action under subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an affected individual by an employer or employment agency liable under paragraph (1), unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary. (b) Action by the Secretary (1) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 4 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (2) Civil action The Secretary may bring an action in any court of competent jurisdiction— (A) to enjoin violations of this title and seek other relief necessary to prevent future violations; and (B) to recover— (i) the damages described in subsection (a)(1)(A); (ii) in the case of a violation of section 4(c), a civil penalty of not less than $250 per violation (in addition to any other relief available under this subparagraph); or (iii) such other equitable relief as the court determines to be appropriate. (3) Sums recovered Any sums recovered by the Secretary pursuant to paragraph (2)(B)(i) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each affected individual. Any such sums recovered pursuant to paragraph (2)(B)(i) that are not paid to an affected individual because of inability to do so within a period of 3 years and any sums recovered pursuant to paragraph (2)(B)(ii) shall be deposited into the Treasury of the United States as miscellaneous receipts. (c) Limitation (1) In general Except as provided in paragraph (2), an action under subsection (a) may be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought, except that the limitation period for filing an action by an individual shall be tolled during the period during which the Secretary is considering a complaint against any defendant named in a complaint filed with the Secretary under subsection (b)(1). (2) Willful violation In the case of such action brought for a willful violation of section 4, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought, except that the limitation period for filing an action by an individual shall be tolled during the period during which the Secretary is considering a complaint, against the defendant involved, that is filed with the Secretary under subsection (b)(1). (3) Commencement In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the Secretary files a complaint in a court of competent jurisdiction. (d) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (1) to restrain violations of section 4; (2) to award such other equitable relief as may be appropriate, including employment; and (3) to award monetary damages. (e) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this section. (f) Government Printing Office and Library of Congress With respect to the Government Printing Office (acting as an employer or employment agency), and with respect to the Library of Congress (acting as an employer or employment agency), the authority of the Secretary of Labor under this title shall be exercised respectively by the Public Printer and the Librarian of Congress. II Fair employment for federal employees 201. Prohibited acts Title 5, United States Code, is amended by inserting after chapter 23 the following: 25 Prohibition on discrimination based on employment status 2501. Definitions As used in this chapter— (1) the term affected individual (2) the term employee (3) the term employing agency (4) the term employment agency (5) the term Secretary (6) the term status as unemployed 2502. Prohibited acts (a) It shall be an unlawful practice for an employing agency to— (1) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee, because of the individual’s status as unemployed; (2) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employing agency will not consider or hire an individual for employment based on that individual’s status as unemployed; and (3) direct or request that an employment agency take an individual’s status as unemployed into account in considering, screening, or referring applicants for employment as an employee. (b) It shall be an unlawful practice for an employment agency to— (1) fail or refuse to consider, screen, or refer an individual for employment as an employee based on the individual’s status as unemployed; (2) limit, segregate, or classify individuals in any manner that may limit their access to information about jobs, or consideration, screening, or referral for jobs, as employees, because of their status as unemployed; or (3) publish, in print or on the Internet or in any other medium, an advertisement or announcement for any vacancy in a job, as an employee, that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employing agency will not consider or hire an individual for employment based on that individual’s status as unemployed. (c) It shall be unlawful for any employing agency or employment agency to— (1) interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter; or (2) fail or refuse to hire, to discharge, or in any other manner to discriminate against any individual, as an employee, because such individual— (A) opposed any practice made unlawful by this chapter; (B) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this chapter; (C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this chapter; or (D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this chapter. (d) Notwithstanding any other provision of this chapter, consideration by an employing agency or employment agency of an individual’s status as unemployed shall not be an unlawful employment practice under this chapter if an individual’s employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance in the job that is being filled. 2503. Enforcement The Office of Personnel Management shall prescribe regulations necessary for the administration of this chapter. The regulations prescribed under this chapter shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Fair Employment Opportunity Act of 2014. .

Fair Employment Opportunity Act of 2014

Data Security and Breach Notification Act of 2014 - Requires the Federal Trade Commission (FTC) to promulgate regulations requiring each covered entity (proprietorships, partnerships, estates, trusts, cooperatives, and nonprofit and for-profit corporations) that owns or possesses data containing personal information to implement policies and procedures regarding information security practices for the treatment and protection of such information. Establishes procedures to be followed in the event of an information security breach. Requires a covered entity that discovers a breach to notify the FTC (unless the covered entity has already notified a federal entity designated by the Department of Homeland Security [DHS] to receive such information) and affected individuals. Sets forth requirements concerning such notification, including methods of notification and timeliness requirements. Allows an exemption from notification requirements if such entity reasonably concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. Establishes a presumption that there is no such risk for encrypted data. Directs DHS to designate a federal entity that covered entities would be required to notify if a security breach involves: (1) the personal information of more than 10,000 individuals, (2) a database containing the personal information of more than 1 million individuals, (3) federal government databases, or (4) the personal information of federal employees or contractors known to be involved in national security or law enforcement. Requires the designated entity to provide each notice it receives to: the U.S. Secret Service; the Federal Bureau of Investigation (FBI); the FTC; the U.S. Postal Inspection Service, if mail fraud is involved; attorneys general of affected states; and appropriate federal agencies for law enforcement, national security, or data security purposes. Sets forth enforcement provisions for the FTC, state attorneys general, and the Attorney General (DOJ). Establishes criminal penalties of a fine, imprisonment for up to five years, or both, for concealment of a security breach that results in economic harm of at least $1,000 to an individual.

113 S1976 IS: Data Security and Breach Notification Act of 2014 U.S. Senate 2014-01-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1976 IN THE SENATE OF THE UNITED STATES January 30, 2014 Mr. Rockefeller Mrs. Feinstein Mr. Pryor Mr. Nelson Committee on Commerce, Science, and Transportation A BILL To protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a breach of security. 1. Short title This Act may be cited as the Data Security and Breach Notification Act of 2014 2. Requirements for information security (a) General security policies and procedures (1) Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 (A) the size of, and the nature, scope, and complexity of the activities engaged in by such covered entity; (B) the current state of the art in administrative, technical, and physical safeguards for protecting such information; (C) the cost of implementing the safeguards under subparagraph (B); and (D) the impact on small businesses and nonprofits. (2) Requirements The regulations shall require the policies and procedures to include the following: (A) A security policy with respect to the collection, use, sale, other dissemination, and maintenance of personal information. (B) The identification of an officer or other individual as the point of contact with responsibility for the management of information security. (C) A process for identifying and assessing any reasonably foreseeable vulnerabilities in each system maintained by the covered entity that contains such personal information, which shall include regular monitoring for a breach of security of each such system. (D) A process for taking preventive and corrective action to mitigate any vulnerabilities identified in the process required by subparagraph (C), which may include implementing any changes to security practices and the architecture, installation, or implementation of network or operating software. (E) A process for disposing of data in electronic form containing personal information by destroying, permanently erasing, or otherwise modifying the personal information contained in such data to make such personal information permanently unreadable or indecipherable. (F) A standard method or methods for the destruction of paper documents and other non-electronic data containing personal information. (b) Limitations (1) Covered entities subject to the Gramm-Leach-Bliley Act A financial institution that is subject to title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (2) Applicability of other information security requirements A person who is subject to, and in compliance with, the information security requirements of section 13401 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 42 U.S.C. 1320d–2(d) 42 U.S.C. 17931 (3) Certain service providers Nothing in this section shall apply to a service provider for any electronic communication by a third party to the extent that the service provider is engaged in the transmission, routing, or temporary, intermediate, or transient storage of that communication. 3. Notification of breach of security (a) Nationwide notification A covered entity that owns or possesses data in electronic form containing personal information, following the discovery of a breach of security of the system maintained by the covered entity that contains such data, shall notify— (1) each individual who is a citizen or resident of the United States and whose personal information was or is reasonably believed to have been acquired or accessed from the covered entity as a result of the breach of security; and (2) the Commission, unless the covered entity has notified the designated entity under section 4. (b) Special notification requirements (1) Third-party entities In the event of a breach of security of a system maintained by a third-party entity that has been contracted to maintain or process data in electronic form containing personal information on behalf of any other covered entity who owns or possesses such data, the third-party entity shall notify the covered entity of the breach of security. Upon receiving notification from the third party entity, such covered entity shall provide the notification required under subsection (a). (2) Service providers If a service provider becomes aware of a breach of security of data in electronic form containing personal information that is owned or possessed by another covered 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 notify of the breach of security only the covered entity who initiated such connection, transmission, routing, or storage if such covered entity can be reasonably identified. Upon receiving the notification from the service provider, the covered entity shall provide the notification required under subsection (a). (3) Coordination of notification with credit reporting agencies If a covered entity is required to provide notification to more than 5,000 individuals under subsection (a)(1), the covered entity also shall notify each major credit reporting agency of the timing and distribution of the notices, except when the only personal information that is the subject of the breach of security is the individual’s first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. Such notice shall be given to each credit reporting agency without unreasonable delay and, if it will not delay notice to the affected individuals, prior to the distribution of notices to the affected individuals. (c) Timeliness of notification Notification under subsection (a) shall be made— (1) not later than 30 days after the date of discovery of a breach of security; or (2) as promptly as possible if the covered entity providing notice can show that providing notice within the timeframe under paragraph (1) is not feasible due to circumstances necessary— (A) to accurately identify affected consumers; (B) to prevent further breach or unauthorized disclosures; or (C) to reasonably restore the integrity of the data system. (d) Method and content of notification (1) Direct notification (A) Method of direct notification A covered entity shall be in compliance with the notification requirement under subsection (a)(1) if— (i) the covered entity provides conspicuous and clearly identified notification— (I) in writing; or (II) by e-mail or other electronic means if— (aa) the covered entity's primary method of communication with the individual is by e-mail or such other electronic means; or (bb) the individual has consented to receive notification by e-mail or such other electronic means and such notification is provided in a manner that 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 (ii) the method of notification selected under clause (i) can reasonably be expected to reach the intended individual. (B) Content of direct notification Each method of direct notification under subparagraph (A) shall include— (i) the date, estimated date, or estimated date range of the breach of security; (ii) a description of the personal information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security; (iii) a telephone number that an individual can use at no cost to the individual to contact the covered entity to inquire about the breach of security or the information the covered entity maintained about that individual; (iv) notice that the individual may be entitled to consumer credit reports under subsection (e)(1); (v) instructions how an individual can request consumer credit reports under subsection (e)(1); (vi) a telephone number, that an individual can use at no cost to the individual, and an address to contact each major credit reporting agency; and (vii) a telephone number, that an individual can use at no cost to the individual, and an Internet Web site address to obtain information regarding identity theft from the Commission. (2) Substitute notification (A) Circumstances giving rise to substitute notification A covered entity required to provide notification to individuals under subsection (a)(1) may provide substitute notification instead of direct notification under paragraph (1)— (i) if direct notification is not feasible due to lack of sufficient contact information for the individual required to be notified; or (ii) if the covered entity owns or possesses data in electronic form containing personal information of fewer than 10,000 individuals and direct notification is not feasible due to excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity, as determined in accordance with the regulations issued by the Commission under paragraph (3)(A). (B) Method of substitute notification Substitute notification under this paragraph shall include— (i) conspicuous and clearly identified notification by e-mail to the extent the covered entity has an e-mail address for an individual who is entitled to notification under subsection (a)(1); (ii) conspicuous and clearly identified notification on the Internet Web site of the covered entity if the covered entity maintains an Internet Web site; and (iii) notification to print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside. (C) Content of substitute notification Each method of substitute notification under this paragraph shall include— (i) the date, estimated date, or estimated date range of the breach of security; (ii) a description of the types of personal information that were or are reasonably believed to have been acquired or accessed as a result of the breach of security; (iii) notice that an individual may be entitled to consumer credit reports under subsection (e)(1); (iv) instructions how an individual can request consumer credit reports under subsection (e)(1); (v) a telephone number that an individual can use at no cost to the individual to learn whether the individual's personal information is included in the breach of security; (vi) a telephone number, that an individual can use at no cost to the individual, and an address to contact each major credit reporting agency; and (vii) a telephone number, that an individual can use at no cost to the individual, and an Internet Web site address to obtain information regarding identity theft from the Commission. (3) Regulations and guidance (A) Regulations Not later than 1 year after the date of enactment of this Act, the Commission, by regulation under section 553 (B) Guidance In addition, the Commission, in consultation with the Small Business Administration, shall provide and publish general guidance with respect to compliance with this subsection. The guidance shall include— (i) a description of written or e-mail notification that complies with paragraph (1); and (ii) guidance on the content of substitute notification under paragraph (2), including the extent of notification to print and broadcast media that complies with paragraph (2)(B)(iii). (e) Other obligations following breach (1) In general Not later than 60 days after the date of request by an individual who received notification under subsection (a)(1) and quarterly thereafter for 2 years, a covered entity required to provide notification under subsection (a)(1) shall provide, or arrange for the provision of, to the individual at no cost, consumer credit reports from at least 1 major credit reporting agency. (2) Limitation This subsection shall not apply if the only personal information that is the subject of the breach of security is the individual's first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. (3) Rulemaking The Commission's rulemaking under subsection (d)(3) shall include— (A) determination of the circumstances under which a covered entity required to provide notification under subsection (a)(1) must provide or arrange for the provision of free consumer credit reports; and (B) establishment of a simple process under which a covered entity that is a small business or small non-profit organization may request a full or a partial waiver or a modified or an alternative means of complying with this subsection if providing free consumer credit reports is not feasible due to excessive costs relative to the resources of such covered entity and relative to the level of harm, to affected individuals, caused by the breach of security. (f) Delay of Notification Authorized for National Security and Law Enforcement Purposes (1) In general If the United States Secret Service or the Federal Bureau of Investigation determines that notification under this section would impede a criminal investigation or a national security activity, notification shall be delayed upon written notice from the United States Secret Service or the Federal Bureau of Investigation to the covered entity that experienced the breach of security. Written notice from the United States Secret Service or the Federal Bureau of Investigation shall specify the period of delay requested for national security or law enforcement purposes. (2) Subsequent delay of notification (A) In general A covered entity shall provide notification under this section not later than 30 days after the day that the delay was invoked unless a Federal law enforcement or intelligence agency provides subsequent written notice to the covered entity that further delay is necessary. (B) Written justification requirements (i) United States Secret Service If the United States Secret Service instructs a covered entity to delay notification under this section beyond the 30-day period under subparagraph (A) (referred to in this clause as subsequent delay (ii) Federal Bureau of Investigation If the Federal Bureau of Investigation instructs a covered entity to delay notification under this section beyond the 30-day period under subparagraph (A) (referred to in this clause as subsequent delay (3) Law enforcement immunity No cause of action shall lie in any court against any Federal agency for acts relating to the delay of notification for national security or law enforcement purposes under this Act. (g) General Exemption (1) In general A covered entity shall be exempt from the requirements under this section if, following a breach of security, the covered entity reasonably concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. (2) Presumption (A) In general There shall be a presumption that no reasonable risk of identity theft, fraud, or other unlawful conduct exists following a breach of security if— (i) the data is rendered unusable, unreadable, or indecipherable through a security technology or methodology; and (ii) the security technology or methodology under clause (i) is generally accepted by experts in the information security field. (B) Rebuttal The presumption under subparagraph (A) may be rebutted by facts demonstrating that the security technology or methodology in a specific case has been or is reasonably likely to be compromised. (3) Technologies or Methodologies Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Commission, after consultation with the National Institute of Standards and Technology, shall issue rules (pursuant to section 553 (A) consult with relevant industries, consumer organizations, data security and identity theft prevention experts, and established standards setting bodies; and (B) consider whether and in what circumstances a security technology or methodology currently in use, such as encryption, complies with the standards under paragraph (2). (4) FTC guidance Not later than 1 year after the date of enactment of this Act, the Commission, after consultation with the National Institute of Standards and Technology, shall issue guidance regarding the application of the exemption under paragraph (1). (h) Exemptions for national security and law enforcement purposes (1) In general A covered entity shall be exempt from the requirements under this section if— (A) a determination is made— (i) by the United States Secret Service or the Federal Bureau of Investigation that notification of the breach of security could be reasonably expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement or intelligence investigations; or (ii) by the Federal Bureau of Investigation that notification of the breach of security could be reasonably expected to cause damage to the national security; and (B) the United States Secret Service or the Federal Bureau of Investigation, as the case may be, provides written notice of its determination under subparagraph (A) to the covered entity. (2) United States Secret Service If the United States Secret Service invokes an exemption under paragraph (1), the United States Secret Service shall submit written justification for invoking the exemption to the Secretary of Homeland Security before the exemption is invoked. (3) Federal Bureau of Investigation If the Federal Bureau of Investigation invokes an exemption under paragraph (1), the Federal Bureau of Investigation shall submit written justification for invoking the exemption to the Attorney General before the exemption is invoked. (4) Immunity No cause of action shall lie in any court against any Federal agency for acts relating to the exemption from notification for national security or law enforcement purposes under this Act. (5) Reports Not later than 18 months after the date of enactment of this Act, and upon request by Congress thereafter, the United States Secret Service and Federal Bureau of Investigation shall submit to Congress a report on the number and nature of breaches of security subject to the exemptions for national security and law enforcement purposes under this subsection. (i) Financial fraud prevention exemption (1) In general A covered entity shall be exempt from the requirements under this section if the covered entity utilizes or participates in a security program that— (A) effectively blocks the use of the personal information to initiate an unauthorized financial transaction before it is charged to the account of the individual; and (B) provides notice to each affected individual after a breach of security that resulted in attempted fraud or an attempted unauthorized transaction. (2) Limitations An exemption under paragraph (1) shall not apply if— (A) the breach of security includes personal information, other than a credit card number or credit card security code, of any type; or (B) the breach of security includes both the individual’s credit card number and the individual’s first and last name. (j) Financial institutions regulated by Federal functional regulators (1) In general A covered financial institution shall be deemed in compliance with this section if— (A) the Federal functional regulator with jurisdiction over the covered financial institution has issued a standard by regulation or guideline under title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (i) requires financial institutions within its jurisdiction to provide notification to individuals following a breach of security; and (ii) provides protections substantially similar to, or greater than, those required under this Act; and (B) the covered financial institution is in compliance with the standard under subparagraph (A). (2) Definitions In this subsection— (A) the term covered financial institution (i) the data security requirements of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (ii) any implementing standard issued by regulation or guideline issued under that Act; and (iii) the jurisdiction of a Federal functional regulator under that Act; (B) the term Federal functional regulator 15 U.S.C. 6809 (C) the term financial institution 15 U.S.C. 6809 (k) Exemption; health privacy (1) Covered entity or business associate under HITECH Act To the extent that a covered entity under this Act acts as a covered entity or a business associate under section 13402 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17932 (2) Entity subject to HITECH Act To the extent that a covered entity under this Act acts as a vendor of personal health records, a third party service provider, or other entity subject to section 13407 of the Health Information Technology for Economical and Clinical Health Act ( 42 U.S.C. 17937 (3) Limitation of statutory construction Nothing in this Act may be construed in any way to give effect to the sunset provision under section 13407(g)(2) of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17937(g)(2)) or to otherwise limit or affect the applicability, under section 13407 of that Act, of the requirement to provide notification to individuals following a breach of security for vendors of personal health records and each entity described in clause (ii), (iii), or (iv) of section 13424(b)(1)(A) of that Act ( 42 U.S.C. 17953(b)(1)(A) (l) Web site notice of Federal Trade Commission If the Commission, upon receiving notification of any breach of security that is reported to the Commission, finds that notification of the breach of security via the Commission's Internet Web site would be in the public interest or for the protection of consumers, the Commission shall place such a notice in a clear and conspicuous location on its Internet Web site. (m) FTC study on notification in languages in addition to English Not later than 1 year after the date of enactment of this Act, the Commission shall conduct a study on the practicality and cost effectiveness of requiring the direct notification required by subsection (d)(1) to be provided in a language in addition to English to individuals known to speak only such other language. (n) General rulemaking authority The Commission may promulgate regulations necessary under section 553 4. Notice to law enforcement (a) Designation of government entity To receive notice Not later than 60 days after the date of enactment of this Act, the Secretary of the Department of Homeland Security shall designate a Federal Government entity to receive notice under this section. (b) Notice A covered entity shall notify the designated entity of a breach of security if— (1) the number of individuals whose personal information was, or is reasonably believed to have been, acquired or assessed as a result of the breach of security exceeds 10,000; (2) the breach of security involves a database, networked or integrated databases, or other data system containing the personal information of more than 1,000,000 individuals; (3) the breach of security involves databases owned by the Federal Government; or (4) the breach of security involves primarily personal information of individuals known to the covered entity to be employees or contractors of the Federal Government involved in national security or law enforcement. (c) Content of notices (1) In general Each notice under subsection (b) shall contain— (A) the date, estimated date, or estimated date range of the breach of security; (B) a description of the nature of the breach of security; (C) a description of each type of personal information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security; and (D) a statement of each paragraph under subsection (b) that applies to the breach of security. (2) Construction Nothing in this section shall be construed to require a covered entity to reveal specific or identifying information about an individual as part of the notice under paragraph (1). (d) Responsibilities of the designated entity The designated entity shall promptly provide each notice it receives under subsection (b) to— (1) the United States Secret Service; (2) the Federal Bureau of Investigation; (3) the Federal Trade Commission; (4) the United States Postal Inspection Service, if the breach of security involves mail fraud; (5) the attorney general of each State affected by the breach of security; and (6) as appropriate, other Federal agencies for law enforcement, national security, or data security purposes. (e) Timing of notices Notice under this section shall be delivered as follows: (1) Notice under subsection (b) shall be delivered as promptly as possible, but— (A) not less than 3 business days before notification to an individual under section 3; and (B) not later than 10 days after the date of discovery of the events requiring notice. (2) Notice under subsection (d) shall be delivered as promptly as possible, but not later than 1 business day after the date that the designated entity receives notice of a breach of security from a covered entity. 5. Application and enforcement (a) General application The requirements of sections 2 and 3 shall apply to— (1) those persons, partnerships, or corporations over which the Commission has authority under section 5(a)(2) of the Federal Trade Commission Act 15 U.S.C. 45(a)(2) (2) notwithstanding sections 4 and 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 44 and 45(a)(2)), any non-profit organization, including any organization described in section 501(c) section 501(a) (b) Opt-In for certain other entities (1) In general Notwithstanding sections 4 and 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 44 and 45(a)(2)), the requirements of section 3 shall apply to any other covered entity not included under subsection (a) that enters into an agreement with the Commission under which that covered entity would be subject to section 3 with respect to any acts or omissions that occur while the agreement is in effect and that may constitute a violation of section 3, if— (A) not less than 30 days prior to entering into the agreement with the person or entity, the Commission publishes notice in the Federal Register of the Commission's intent to enter into the agreement; and (B) not later than 14 business days after entering into the agreement with the person or entity, the Commission publishes in the Federal Register— (i) notice of the agreement; (ii) the identity of each person or entity covered by the agreement; and (iii) the effective date of the agreement. (2) Construction (A) Other Federal law An agreement under paragraph (1) shall not effect a covered entity's obligation to provide notice of a breach of security or similar event under any other Federal law. (B) No preemption prior to valid agreement Subsections (a)(2) and (b) of section 7 shall not apply to a breach of security that occurs before a valid agreement under paragraph (1) is in effect. (c) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 or 3 of this Act shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (2) Powers of commission The Commission shall enforce this Act in the same manner, by the same means, with the same jurisdiction, except as provided in subsections (a)(2) and (b) of this section, and with the same powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act (3) Limitation In promulgating rules under this Act, the Commission shall not require the deployment or use of any specific products or technologies, including any specific computer software or hardware. (d) Enforcement by State attorneys general (1) Civil action In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any covered entity who violates section 2 or section 3 of this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction— (A) to enjoin further violation of such section by the defendant; (B) to compel compliance with such section; or (C) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation (i) Treatment of violations of section 2 For purposes of paragraph (1)(C) with regard to a violation of section 2, the amount determined under this paragraph is the amount calculated by multiplying the number of days that a covered entity is not in compliance with such section by an amount not greater than $11,000. (ii) Treatment of violations of section 3 For purposes of paragraph (1)(C) with regard to a violation of section 3, the amount determined under this paragraph is the amount calculated by multiplying the number of violations of such section by an amount not greater than $11,000. Each failure to send notification as required under section 3 to a resident of the State shall be treated as a separate violation. (B) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amounts specified in clauses (i) and (ii) of subparagraph (A) and in clauses (i) and (ii) of subparagraph (C) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (C) Maximum total liability Notwithstanding the number of actions which may be brought against a covered entity under this subsection, the maximum civil penalty for which any covered entity may be liable under this subsection shall not exceed— (i) $5,000,000 for each violation of section 2; and (ii) $5,000,000 for all violations of section 3 resulting from a single breach of security. (3) Intervention by the FTC (A) Notice and intervention The State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon commencing such action. The Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on State action while Federal action is pending If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act 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— (A) to conduct investigations; (B) to administer oaths or affirmations; or (C) to compel the attendance of witnesses or the production of documentary and other evidence. (e) Notice to Law Enforcement; Civil Enforcement by Attorney General (1) In general The Attorney General may bring a civil action in the appropriate United States district court against any covered entity that engages in conduct constituting a violation of section 4. (2) Penalties (A) In general Upon proof of such conduct by a preponderance of the evidence, a covered entity shall be subject to a civil penalty of not more than $1,000 per individual whose personal information was or is reasonably believed to have been accessed or acquired as a result of the breach of security that is the basis of the violation, up to a maximum of $100,000 per day while such violation persists. (B) Limitations The total amount of the civil penalty assessed under this subsection against a covered entity for acts or omissions relating to a single breach of security shall not exceed $1,000,000, unless the conduct constituting a violation of section 4 was willful or intentional, in which case an additional civil penalty of up to $1,000,000 may be imposed. (C) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amounts specified in subparagraphs (A) and (B) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Injunctive actions If it appears that a covered entity has engaged, or is engaged, in any act or practice that constitutes a violation of section 4, the Attorney General may petition an appropriate United States district court for an order enjoining such practice or enforcing compliance with section 4. (4) Issuance of order A court may issue such an order under paragraph (3) if it finds that the conduct in question constitutes a violation of section 4. (f) Concealment of breaches of security (1) In general Chapter 47 1041. Concealment of breaches of security involving personal information (a) In general Any person who, having knowledge of a breach of security and of the fact that notification of the breach of security is required under the Data Security and Breach Notification Act of 2014 (b) Person defined For purposes of subsection (a), the term person (c) Enforcement authority (1) In general The United States Secret Service and the Federal Bureau of Investigation shall have the authority to investigate offenses under this section. (2) Construction The authority granted in paragraph (1) shall not be exclusive of any existing authority held by any other Federal agency. . (2) Conforming and technical amendments The table of sections for chapter 47 1041. Concealment of breaches of security involving personal information. . 6. Definitions In this Act: (1) Breach of security (A) In general The term breach of security (B) Exclusions The term breach of security (i) a good faith acquisition of personal information by a covered entity, or an employee or agent of a covered entity, if the personal information is not subject to further use or unauthorized disclosure; (ii) any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or an intelligence agency of the United States, a State, or a political subdivision of a State; or (iii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements. (2) Commission The term Commission (3) Covered entity The term covered entity (4) Data in electronic form The term data in electronic form (5) Designated entity The term designated entity (6) Encryption The term encryption (7) Identity theft The term identity theft section 1028A (8) Major credit reporting agency The term major credit reporting agency Fair Credit Reporting Act (9) Personal information (A) Definition The term personal information (i) a non-truncated social security number; (ii) a financial account number or credit or debit card number in combination with any security code, access code, or password that is required for an individual to obtain credit, withdraw funds, or engage in a financial transaction; or (iii) an individual’s first and last name or first initial and last name in combination with— (I) a driver’s license number, a passport number, or an alien registration number, or other similar number issued on a government document used to verify identity; (II) unique biometric data such as a finger print, voice print, retina or iris image, or any other unique physical representation; (III) a unique account identifier, electronic identification number, user name, or routing code in combination with any associated security code, access code, or password that is required for an individual to obtain money, goods, services, or any other thing of value; or (IV) 2 of the following: (aa) Home address or telephone number. (bb) Mother’s maiden name, if identified as such. (cc) Month, day, and year of birth. (B) Modified definition by rulemaking If the Commission determines that the definition under subparagraph (A) is not reasonably sufficient to protect individuals from identity theft, fraud, or other unlawful conduct, the Commission by rule promulgated under section 553 personal information (10) Service provider The term service provider 7. Effect on other laws (a) Preemption of state information security laws (1) Covered entities under section 5(a) With respect to a covered entity subject to the Act under section 5(a), this Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State that expressly— (A) requires information security practices and treatment of data containing personal information similar to any of those required under section 2; or (B) requires notification to individuals of a breach of security as defined in section 6. (2) Covered entities under section 5(b) With respect to a covered entity subject to the Act under section 5(b), this Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State that expressly requires notification to individuals of a breach of security as defined in section 6. (b) Additional preemption (1) In general No person other than a person specified in section 5(d) may bring a civil action under the laws of any State if such action is premised in whole or in part upon the defendant violating any provision of this Act. (2) Protection of consumer protection laws Except as provided in subsection (a) of this section, this subsection shall not be construed to limit the enforcement of any State consumer protection law by an attorney general of a State. (c) Protection of certain State laws This Act shall not be construed to preempt the applicability of— (1) State trespass, contract, or tort law; or (2) any other State laws to the extent that those laws relate to acts of fraud. (d) Preservation of FTC authority Nothing in this Act may be construed in any way to limit or affect the Commission's authority under any other provision of law. 8. Effective date This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act.

Data Security and Breach Notification Act of 2014

Honor Our Promise 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. Amends the Internal Revenue Code to require taxpayers who are claiming the refundable portion of the child tax credit to include the name and taxpayer identification number (e.g., social security number) of their qualifying child on their tax returns.

113 S1977 PCS: Honor Our Promise Act U.S. Senate 2014-01-30 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. 300 113th CONGRESS 2d Session S. 1977 IN THE SENATE OF THE UNITED STATES January 30, 2014 Ms. Ayotte Mr. Graham Mr. Wicker Ms. Collins Mr. Chambliss February 3, 2014 Read the second time and placed on the calendar A BILL To repeal section 403 of the Bipartisan Budget Act of 2013, relating to an annual adjustment of retired pay for members of the Armed Forces under the age of 62, and to provide an offset. 1. Short title This Act may be cited as the Honor Our Promise Act 2. Repeal of reductions made by Bipartisan Budget Act of 2013 (a) Adjustment of retirement pay Section 403 of the Bipartisan Budget Act of 2013 is repealed as of the date of the enactment of such Act. (b) Conforming amendment Title X of the Department of Defense Appropriations Act, 2014 (division C of Public Law 113–76 3. Social Security number required to claim the refundable portion of the child tax credit (a) In general Subsection (e) of section 24 (e) Identification requirement with respect to qualifying children (1) In general Subject to paragraph (2), no credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year. (2) Refundable portion Subsection (d)(1) shall not apply to any taxpayer with respect to any qualifying child unless the taxpayer includes the name and social security number of such qualifying child on the return of tax for the taxable year. . (b) Omission treated as mathematical or clerical error Subparagraph (I) of section 6213(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (I) an omission of a correct TIN under section 24(e)(1) (relating to child tax credit) or a correct Social Security number required under section 24(e)(2) (relating to refundable portion of child tax credit), to be included on a return, . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. February 3, 2014 Read the second time and placed on the calendar

Honor Our Promise Act

Increasing Primary Care Access Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to, and enter contracts with, schools of medicine and osteopathic medicine to assist the schools in supporting programs of excellence in primary care. Amends title XVIII (Medicare) of the Social Security Act to require the Secretary to establish and implement procedures under which the amount of payments that a subsection (d) hospital would otherwise receive for indirect medical education costs for discharges occurring during an applicable period is adjusted based on the performance of the hospital on measures specified by the Secretary. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Prohibits the Secretary from consulting with an organization representing physicians on adjustments to the fee schedule for physicians' services if the organization uses a group to formulate recommendations regarding such adjustments unless at least 40% of the group are board certified and practicing physicians in specified primary care fields. Directs the Secretary to establish a pilot program to provide funding for graduate medical residency training programs in primary care. Requires the Secretary to award grants or enter into contracts for the establishment of six to eight Regional Centers for Health Workforce Analysis to allocate funds to in-need primary care residency programs. Increases the federal medical assistance percentage (FMAP) for amounts expended on targeted graduate medical education in certain areas in need of primary care health professionals for a state which expanded Medicaid under the Patient Protection and Affordable Care Act. Reauthorizes a program of payments to teaching health centers.

113 S1978 IS: Increasing Primary Care Access Act of 2014 U.S. Senate 2014-01-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1978 IN THE SENATE OF THE UNITED STATES January 30, 2014 Mr. Udall of New Mexico Committee on Finance A BILL To increase access to primary care services through training and accountability improvements. 1. Short title; table of contents (a) Short title This Act may be cited as the Increasing Primary Care Access 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. Centers of Excellence in Primary Care. Sec. 4. Medicare Indirect Medical Education (IME) performance adjustment and primary care training bonus. Sec. 5. Increasing Medicare graduate medical education transparency. Sec. 6. Ensuring appropriate representation of primary care physicians on groups making recommendations regarding relative values under the Medicare physician fee schedule. Sec. 7. Primary care project. Sec. 8. Regional centers for health workforce analysis. Sec. 9. Payments for graduate medical education under the Medicaid program. Sec. 10. National Center for Health Care Workforce Analysis. Sec. 11. Teaching health center reauthorization. Sec. 12. GAO studies on graduate medical education. 2. Findings Congress makes the following findings: (1) A well prepared, effective primary care workforce can reduce health care costs and play a large role in the prevention and management of illness. A one-unit increase in primary care physicians per 10,000 population is associated with improved health outcomes such as all-cause, cancer, heart disease, and stroke mortality, as well as increased life expectancy. (2) Primary care physicians include those trained in family medicine, general internal medicine, general pediatrics, and in some cases, gynecology. One primary care physician will generate 6 to 23 jobs in the community served by such physician, $900,000 to $1,200,000 in wages, salaries, and benefits, and nearly $100,000 in State and local taxes. (3) As of 2011, only 32 percent of the physician workforce is comprised of primary care and only between 16 to 18 percent of graduates of allopathic medical schools are likely to pursue a career in primary care. (4) Primary care supply has a positive effect on the entire population, but the effect is greater in areas with higher income inequality and poverty, such as rural areas. Only about 10 percent of physicians in America practice in rural areas while 20 percent of the United States population is located in rural areas. (5) Geographic areas with more general and family physicians per population have lower rates of mortality and hospitalization for conditions that should be preventable or detected early, such as diabetes, congestive heart failure, and hypertension. (6) As of May 2011, there were 6,419 primary care health professional shortage areas, comprised of 66,300,000 individuals. It would take 17,636 practitioners to meet such individuals' need for primary care providers. 3. Centers of Excellence in Primary Care Part C of title VII of the Public Health Service Act ( 42 U.S.C. 293k III Centers of Excellence in Primary Care 749C. Centers of Excellence in Primary Care (a) In general The Secretary shall make grants to, and enter into contracts with, schools of medicine and osteopathic medicine for the purpose of assisting the schools in supporting programs of excellence in primary care. (b) Eligible schools To be eligible to receive a grant under subsection (a), a school of medicine or osteopathic medicine shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including a description of innovative ideas that applicants propose to increase recruitment and retention in primary care, including pipeline, admissions, curriculum, mentoring, preparation for residency, and related purposes. (c) Selection of recipients (1) In general The Secretary shall award a grant under this section to not less than 6 and not more than 10 eligible schools of medicine and osteopathic medicine. Such selected schools shall be designated as Centers of Excellence in Primary Care. (2) Requirements relating to rural and underserved areas Of the schools designated under paragraph (1)— (A) not less than 4 and not more than 7 shall be located in a rural area; and (B) not less than 2 and not more than 3 shall be located in a medically underserved area. (d) Use of funds A school of medicine or osteopathic medicine designated as a Center of Excellence under this section shall, in using funds provided under the grant, give funding priority to— (1) making medical school affordable for each admitted and graduated student, including through significant tuition scholarships, tuition remissions, and stipends, especially for low-income students, and other provisions, such as loan forgiveness for graduates who practice primary care for a specified duration of time; (2) conducting admissions processes that favor students who will work in rural and medically underserved areas, and consider factors such as rural birth, minority status or upbringing, and desire to serve rural and medically underserved populations; (3) developing curricula models and innovations that expedite medical school training, build needed skills for modern medical practice, and enhance affinity of graduates for practice in rural and medically underserved areas (which may include 3-year undergraduate medical education models, rural and inner city rotations, and mentoring with rural physicians); (4) research whether students completing a service requirement in a rural or underserved area as part of the criteria for graduation improves access to care in such area; (5) implement tracking systems that— (A) assess practice patterns of medical school graduates and require annual reports on this information for the duration of the grant program; and (B) track all loan repayment and scholarship disbursements to assure that program goals are being met with regard to recipients serving in desired locations with expected populations of need for a minimum required amount of time; and (6) having interprofessional primary care health professions community-based service learning models for primary care residents, and include clerkships and continuity clinic experiences for medical, nurse practitioner, and physician assistant students interested in primary care. . 4. Medicare Indirect Medical Education (IME) performance adjustment and primary care training bonus (a) In general Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) (1) by redesignating the clause (x) as added by section 5505(b) of the Patient Protection and Affordable Care Act as clause (xi); and (2) by adding at the end the following new clauses: (xii) Adjustment for performance (I) In general The Secretary, in consultation with the advisory body under clause (xiii), shall establish and implement procedures under which the amount of payments that a hospital would otherwise receive for indirect medical education costs under this subparagraph for discharges occurring during an applicable period is adjusted based on the performance of the hospital on measures specified by the Secretary. (II) Measures The measures specified by the Secretary under this clause shall include measures on quality measurement and improvement, evidence-based medicine, interprofessional teamwork, multidisciplinary teamwork, care coordination, and health information technology. Such measures shall include factors that promote training in primary care, such as— (aa) resident training in outpatient and community settings, including Federally qualified health centers, rural health clinics, teaching health centers, rural medical practices, facilities operated by the Veterans Administration, Indian Health Service facilities, including primary care training sites that are carried out through self determination contracts and are located in a rural or primary care health professional shortage area; (bb) salary and loan conditions for primary care residents; (cc) the percentage of all graduates practicing primary care 5 years after graduation; (dd) the percentage of all graduates practicing primary care in health professional shortage areas 5 years after graduation; (ee) the percentage of all primary care graduates from underrepresented minority groups, including African-Americans, Hispanic-Americans, and Native Americans, as well as other underserved populations; (ff) how the residency is responding to the workforce needs identified by State and regional centers for workforce analysis established under the National Center for Health Care Workforce Analysis or the National Health Care Workforce Commission; (gg) the provision of service to all socioeconomic levels of patients, including but not limited to Medicaid program populations; (hh) mentoring curriculum in primary care; (ii) systems-based practice, including training in new forms of delivery system models, such as care coordination, accountable care organizations, and patient-centered medical homes; and (jj) training in preventive care, chronic disease management, and population health and public health. (III) Initial measure development timeline (aa) Proposed set of measures Not later than January 1, 2016, the Secretary shall publish in the Federal Register a proposed set of measures for use under this clause. The Secretary shall provide for a period of public comment on such measures. (bb) Final set of measures Not later than June 30, 2016, the Secretary shall publish in the Federal Register the final set of measures to be specified by the Secretary for use under this clause. (IV) Adjustment Subject to subclause (V), the Secretary shall determine the amount of any adjustment under this clause to payments to a hospital under this subparagraph in an applicable period. (V) Budget-neutral with respect to payments that would otherwise be made In making adjustments under this clause, the Secretary shall ensure that the total amount of payments made to all hospitals under this subparagraph for an applicable period is equal to the total amount of payments that would have been made to such hospitals under this subparagraph in such period if this clause had not been enacted. (VI) Primary care defined In this clause, the term primary care (VII) Applicable period defined In this clause, the term applicable period (xiii) Use of advisory body (I) In general Subject to subclause (III), the Secretary shall establish an advisory group to advise the Secretary on the application of clause (xii), including the development of the measures to be used, how data on the measures may be collected, which measures will be required in any given reporting period, the applicable thresholds for the measures, and the mechanisms to be used in order to determine whether a hospital has met a threshold. (II) Make-up of group The advisory group established under subclause (I) shall include— (aa) representatives of accrediting and certifying organizations; (bb) representatives of facilities that receive payments under this subparagraph; (cc) representatives of specialty boards and primary care boards; (dd) representatives of high-performing health care systems; (ee) experts in family medicine, primary care, and preventive medicine; (ff) representatives of public and private purchasers; (gg) representatives of consumer and patient organizations, especially those from rural areas; and (hh) other entities and individuals as determined by the Secretary of Health and Human Services. (III) Use of existing entity If the Secretary determines that an existing entity is comprised of the individuals described in subclause (II) and that such entity has the expertise to advise the Secretary on the matters described in subclause (I), the Secretary may enter into an arrangement with such entity to advise the Secretary on such matters rather than establishing a new advisory group under subclause (I). . (b) GAO study and report (1) Study The Comptroller General of the United States shall conduct a study on the application of clause (xii) of section 1886(d)(5)(B) of the Social Security Act, as added by subsection (a), including an analysis of any changes in workforce patterns as a result of the application of such clause. (2) Report Not later than January 1, 2018, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate. 5. Increasing Medicare graduate medical education transparency (a) In general Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the graduate medical education payments that hospitals and other facilities receive under the Medicare program. The report shall include the following information with respect to each hospital or facility that receives such payments: (1) The direct graduate medical education payments made to the hospital or other facility under section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (2) The indirect medical education payments made to the hospital or other facility under section 1886(d)(5)(B) of such Act ( 42 U.S.C. 1395ww(d)(1)(B) (3) The number of residents counted for purposes of making the payments described in paragraph (1). (4) The number of residents counted for purposes of making the payments described in paragraph (2). (5) The number of residents, if any, that are not counted for purposes of making payments described in paragraph (1). (6) The number of residents, if any, that are not counted for purposes of making payments described in paragraph (2). (7) The percent that the payments described in paragraphs (1) and (2) that are made to the hospital or other facility make up of the total costs that the hospital or other facility incurs in providing graduate medical education, including salaries, benefits, operational expenses, and all other patient care costs. (8) The number of residents training in each specialty. (9) A list that identifies any training partners and the sponsoring institutions for each residency program. 6. Ensuring appropriate representation of primary care physicians on groups making recommendations regarding relative values under the Medicare physician fee schedule Section 1848(c)(2)(B)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(iii) The Secretary may not consult with an organization representing physicians if the organization uses a group to formulate recommendations regarding adjustments under clause (i) unless at least 40 percent of the members of the group are physicians who are board certified and actively practicing in family medicine, general internal medicine, general pediatrics, preventive medicine, obstetrics and gynecology, or psychiatry. 7. Primary care project (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Application and selection of sites (1) In general An entity shall be eligible to participate in the project under this section if such entity— (A) is— (i) a community-based corporate entity collaborating with 1 or more hospitals to operate a primary care residency program; (ii) a medical education entity established by 1 or more hospitals to operate a primary care residency program; (iii) a hospital subsidiary or independent corporation operating a primary care residency program; (iv) a medical education entity, independent of a hospital, collaborating with a primary care residency program; or (v) another type of entity as determined appropriate by the Secretary; and (B) submits an application at such time, in such manner, and containing such information as the Secretary may require. (2) Selection of participants The Secretary shall select, from the eligible entities under paragraph (1), 4 entities to participate in the project. Not less than 1 selected entity shall be an entity that is not a hospital. (c) Activities under the project In carrying out the project, the Secretary shall— (1) structure the funding of the project such that payments are made directly to the entity participating in the project; (2) support primary care training in all sites where care is delivered, including non-hospital settings such as Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) (3) (A) increase funding for the primary care residency programs of the participating entities such that those primary care residency programs are funded at the 90th percentile of all residency programs nationally and are funded at levels that equal at least $100,000 per resident involved; and (B) ensure that entities participating in the project use the funding under the project to provide infrastructure support and recruitment and retention support for faculty and residents of the primary care residency program, including loan repayment for such residents; (4) require training in rural and medically underserved areas, and with medically underserved populations (as defined in section 330(b) of the Public Health Service Act (42 U.S.C. 254b(b))) and service in such areas for a minimum of two rotations of not less than four weeks each year; and (5) permit the primary care residency program of the participating entities to qualify for payment under section 1886(d)(5)(B)(xii) of the Social Security Act (as added by section 4) if such entities receive an appropriate score (as determined by the Secretary) on the measures specified by the Secretary under such section. (d) Term of project The Secretary shall carry out the project under this section for a term of at least 6 years. (e) Evaluation (1) In general Not later than 1 year after the commencement of the project, and each year thereafter, the Secretary shall conduct an of evaluation the project. (2) Content The Secretary shall conduct the evaluation under paragraph (1) using the following criteria: (A) The percentage of graduates from the primary care residency programs of the participating entities that are practicing primary care 2 years after graduation, and longer. (B) The percentage of graduates from the primary care residency programs of the participating entities that are practicing in a health professional shortage area (as defined in section 332 of the Public Health Service Act ( 42 U.S.C. 254e (C) Other criteria as determined appropriate by the Secretary. (f) Authorization of appropriation There are authorized to be appropriated to carry out this section $3,600,000 for each of fiscal years 2015 through 2019. 8. Regional centers for health workforce analysis (a) In general Section 761(c) of the Public Health Service Act (42 U.S.C. 294n(c)) is amended by adding at the end the following— (3) Establishment of new Centers and funding to primary care residency programs (A) Establishment of new Centers (i) In general Not later than 1 year after the date of enactment of the Increasing Primary Care Access Act of 2014 (ii) Requirements In awarding grants or entering into contracts under clause (i), the Secretary shall— (I) ensure that each Regional Center for Health Workforce Analysis established under this paragraph is located in the geographic region that the Center covers; and (II) seek to award such grants or enter into contracts with eligible entities that are multi-State consortia. (B) Distribution of funding to primary care residency programs (i) In general Each Regional Center for Health Workforce Analysis established pursuant to a grant or contract under subparagraph (A) shall, from the funds described in subparagraph (D), allocate funding to primary care residency programs— (I) within the region served by the Regional Center for Health Workforce Analysis; and (II) that the Center has identified as a primary care residency program in need. (C) Consultation Each Regional Center for Health Workforce Analysis established pursuant to a grant or contract under this subsection shall establish a consortium of academic institutions with which the Center shall consult in determining allocations under subparagraph (B). (D) Funding (i) Authorization of appropriations For each fiscal year, there is authorized to be appropriated to carry out this paragraph $4,000,000, of which not less than $500,000 shall be allocated to each Regional Center for Health Workforce Analysis established under this paragraph. (ii) Use of funds to establish new Centers Each entity receiving funds under this paragraph may use a portion of such funding to establish the Regional Center for Health Workforce Analysis. . (b) Conforming amendment Section 761(e)(2) of the Public Health Service Act (42 U.S.C. 294n(e)(2)) is amended by striking subsection (c) paragraphs (1) and (2) of subsection (c) 9. Payments for graduate medical education under the Medicaid program (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (ee) Increased FMAP for targeted graduate medical education in Expansion States (1) In general The term medical assistance (2) Increased FMAP for Expansion States that expand targeted graduate medical education Notwithstanding subsection (b), with respect to amounts expended by an Expansion State for medical assistance for targeted graduate medical education that is above the level of expenditures made by the Expansion State for such graduate medical education for 2014, the Federal medical assistance percentage shall be equal to— (A) 100 percent for amounts expended in calendar quarters in 2015, 2016, or 2017; (B) 95 percent for amounts expended in calendar quarters in 2018; (C) 94 percent for amounts expended in calendar quarters in 2019; (D) 93 percent for amounts expended in calendar quarters in 2020; and (E) 90 percent for amounts expended in calendar quarters in 2021 or in each year thereafter. (3) Definitions In this subsection: (A) Expansion State The term Expansion State Public Law 111–148 (B) Targeted graduate medical education The term targeted graduate medical education (C) Primary care The term primary care . (b) Effective date The amendments made by this section shall take effect on January 1, 2015. Nothing in this section shall be construed as affecting payments made before such date under a State plan under title XIX of the Social Security Act for graduate medical education. 10. National Center for Health Care Workforce Analysis Section 761(b)(2)(A) of the Public Health Service Act ( 42 U.S.C. 294n(b)(2)(A) , including national and regional workforce issues related to spending under the Medicaid program under title XIX of the Social Security Act 11. Teaching health center reauthorization (a) Reauthorization of the teaching health centers program Section 340H of the Public Health Service Act ( 42 U.S.C. 256h (1) in subsection (g)— (A) by inserting before the period the following: , and not to exceed $800,000,000, for the period of fiscal years 2016 through 2020 (B) by adding at the end the following: Any amounts appropriated under this subsection for any of fiscal years 2011 through 2020 and remaining unexpended at the end of the fiscal year involved may be used in subsequent fiscal years to carry out this section. (2) in subsection (h)(2)— (A) in the paragraph heading, by adding at the end the following: ; submission to Congress (B) by adding at the end the following: (C) Submission to Congress The Secretary shall annually submit to Congress a report that contains a compilation of the data submitted to the Secretary under paragraph (1) for the year involved. ; (3) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively; and (4) by inserting after subsection (g), the following: (h) Limitation The Secretary shall establish a minimum per resident per year payment amount for funding of all approved teaching health center graduate medical education positions under this section that shall be not less than the per resident per year payment amount as of January 1, 2013, and ensure that not less than such amount is provided to all teaching health center graduate medical education programs for all approved positions. . (b) Teaching health centers development grants Section 749A(g) of the Public Health Service Act ( 42 U.S.C. 293l–1(g) each fiscal year thereafter each of fiscal years 2013 through 2020 and each fiscal year thereafter 12. GAO studies on graduate medical education (a) Study The Comptroller General of the United States shall conduct a study on each of the following: (1) The potential of making graduate medical education payments under the Medicare program for mid-level health providers (such as physician assistants and nurse practitioners) in order to allow physicians and other health care providers to perform to their full scope of practice. (2) The actual costs involved in training residents in different residency specialty types. (b) Report Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on each of the studies conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate.

Increasing Primary Care Access Act of 2014

USA Retirement Funds Act - Requires each employer (except certain small employers, governments, and churches) that does not maintain a qualifying plan or arrangement meeting specified criteria for any part of a calendar year to make available to each qualifying employee for the calendar year an automatic USA Retirement Fund arrangement. Defines an "automatic USA Retirement Fund arrangement" as one that covers each qualifying employee of the covered employer for the calendar year and under which a qualifying employee: (1) may elect to contribute to an automatic USA Retirement Fund through payroll deductions or other periodic direct deposits (including electronic payments), or to have such payments made to the employee directly in cash; (2) is treated as having made such an election in a certain amount unless the individual specifically elects not to have such contributions made or to have them made at a different percentage or in a different amount; and (3) may elect annually to modify the selection of the USA Retirement Fund to which contributions are made for such year. Requires an employer to make all contributions on behalf of employees to the USA Retirement Fund the employee has specified, or to the one designated by the employer if the employee has not selected one. Specifies requirements for the establishment of each USA Retirement Fund and its board of trustees. Limits an employer's contribution to a Fund on behalf of each employee to $5,000. Requires a Fund to pay benefits in the form of an annuity meeting certain criteria. Directs the Secretary of Labor (Secretary, unless otherwise provided) to recognize an independent, private Commission for USA Retirement Funds Funding to make recommendations on the funding of Funds. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare that an employer shall not be a fiduciary with respect to the selection, management, or administration of a USA Retirement Fund solely because it makes the Fund available through an automatic USA Retirement Fund arrangement. Affirms a participating employer's responsibility, however, for meeting enrollment requirements and transmitting contributions. Prescribes civil monetary penalties and enforcement measures for employer failure to remit timely contributions to Automatic USA Retirement Fund arrangements, and criminal penalties for false statements. Amends ERISA to treat a pooled employer plan, under which a single individual account plan provides benefits to the employees of two or more employers, as a single employee pension benefit plan or single pension plan without regard to whether the participating employers share a common interest other than participation in the plan. Declares that a small employer that is a plan sponsor of an employee pension benefit plan shall not be liable for a breach of fiduciary responsibility of a small employer plan service provider with respect to the same plan if the small employer prudently selects and monitors the small employer plan named fiduciary. Declares the sense of Congress that a person may be providing investment advice meeting specified requirements when advising a plan participant to take a permissible plan distribution, and such advice is combined with a recommendation as to how the distribution should be invested. Directs the Comptroller General (GAO) to study the extent to which advisors, broker-dealers, and other financial professionals dealing with individual and employer-provided retirement plans are aware of, and receive ongoing training regarding, specified fiduciary requirements. Amends ERISA to require statements reporting a participant's benefit rights to illustrate the participant's benefit as an estimated lifetime income stream beginning at retirement. Prescribes safe harbor criteria for a fiduciary to satisfy requirements for the selection of an insurer and lifetime retirement income contract. Declares that the availability of annuity purchase rights, death benefit guarantees, investment guarantees, or other features in insurance contracts will not, in and of themselves, affect the status of a fund, product, or portfolio as a default investment. Limits the liability of a named fiduciary or any appointing fiduciary for any act or omission of the annuity administrator of an individual account plan. Amends ERISA and the Internal Revenue Code to prescribe requirements for treatment of a fixed annual crediting rate of 3% (or lower but not zero) for an applicable defined benefit plan (hybrid plan) as a reasonable minimum guaranteed rate of return. Authorizes the Secretary of the Treasury to prescribe by regulation that a rate of return available in the market, and based exclusively or primarily on the returns on employer securities, on alternative investments generally not appropriate as an exclusive or primary investment for retirement, or on other similar investments, is not permitted if it: (1) is designed to evade the requirement that any interest credit (or an equivalent amount) for any plan year under the terms of an applicable defined benefit plan be at a rate not greater than a market rate of return, and (2) is not consistent with the purposes of a defined benefit plan. Prescribes requirements to protect plan participants from retroactive benefit decreases and plan freezes. Formulates a special rule for determining normal retirement age for certain existing defined benefit plans. Prohibits the Pension Benefit Guaranty Corporation (PBGC) from bringing any new action against a plan sponsor to enforce before January 30, 2016, the (shutdown) liability of an employer that ceases operations at a facility and as a result more than 20% of the total number of its employees participating under a plan established and maintained by the employer are separated from employment. Directs GAO to study the effectiveness, fairness, and utility of such shutdown liability requirements. Revises requirements for determination of the alternative funding target attainment percentage with respect to the prohibition against a single-employer plan's providing an unpredictable contingent event benefit if the adjusted funding target attainment percentage for a plan year is less than 60%, or would be less than 60% taking into account that specified occurrence. Requires the alternative funding target attainment percentage to be determined without regard to reductions by the amount of the prefunding balance and the funding standard carryover balance otherwise deemed for the value of plan assets in certain circumstances. Revises or prescribes requirements for: (1) the method for determining changes for quarterly contributions, (2) a plan sponsor election to discount contributions from a final due date, (3) the timeliness of plan sponsor elections and notices, (4) multiemployer plan disclosures and reporting, (5) the payment of lump sum distributions in bankruptcy, (6) PBGC authority to institute proceedings to terminate a plan, and (7) appointment of the PBGC to administer a plan. Directs the Secretary of Labor, the Secretary of the Treasury, and the PBGC jointly to establish an electronic database containing each: (1) defined benefit plan funding notice submitted to the PBGC by a multiemployer plan, (2) report submitted by a multiemployer plan with respect to whether it is in endangered and critical status or making scheduled progress in meeting the requirements of a funding improvement or rehabilitation plan, and (3) notice submitted to the Secretary of Labor and the PBGC by a multiemployer plan on whether it is or will be in endangered or critical status for a plan year. Makes technical modifications to the formula for determining the liability of any person who is, on the date a single-employer plan is terminated in a distress termination or one otherwise instituted by the PBGC, a contributing sponsor of the plan, or a member of such a contributing sponsor's controlled group. Authorizes the PBGC to apply to the appropriate U.S. district court for a decree enforcing a determination that a plan be terminated. Authorizes the PBGC to issue regulations to require plan sponsors or plan administrators to maintain records necessary to enable them to determine benefits as of a plan termination date. Repeals the requirement that the terminating date of a pension plan for PBGC purposes be the date the plan sponsor files for bankruptcy. Authorizes the Secretary, if an accountant or accounting firm has engaged in any act or practice, or failed to act, in violation of requirements for the preparation and issuance of audit reports, or of professional standards, to issue an order to bar an accountant or accounting firm (or one of its divisions or components), on a temporary or permanent basis, from directly or indirectly engaging in specified activities relating to performing or supervising plan audits. Requires a plan administrator to account separately for 50% of a participant's benefits during a specified segregation period if an action concerning such benefits is pending pursuant to a state domestic relations law. Makes it unlawful for any person to discharge, fine, suspend, expel, or discriminate against any person because he has filed or made any oral or written complaint (including to a fiduciary, an employer, or the Secretary) in any inquiry or proceeding relating to ERISA or the Welfare and Pension Plans Disclosure Act.

113 S1979 IS: USA Retirement Funds Act U.S. Senate 2014-01-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1979 IN THE SENATE OF THE UNITED STATES January 30, 2014 Mr. Harkin Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To provide for USA Retirement Funds, to reform the pension system, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the USA Retirement Funds Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—USA Retirement funds Sec. 101. Automatic USA Retirement Fund arrangements. Sec. 102. Establishment of USA Retirement Funds. Sec. 103. Commission on USA Retirement Funds. Sec. 104. Limitation on employer liability. Sec. 105. Enforcement and fraud prevention. TITLE II—Defined contribution plan reforms Subtitle A—Savings enhancements Sec. 201. Pooled employer plans. Sec. 202. Pooled employer and multiple employer plan reporting. Subtitle B—Participant Protections Sec. 211. Alternative fiduciary arrangements to protect plan participants. Sec. 212. Rollover protections. Subtitle C—Lifetime income Sec. 221. Lifetime income disclosure. Sec. 222. Lifetime income safe harbor. Sec. 223. Default investment safe harbor clarification. Sec. 224. Administration of joint and survivor annuity requirements. TITLE III—Defined benefit system reforms Subtitle A—Defined benefit pension plan reforms Sec. 301. Hybrid plans. Sec. 302. Clarification of the normal retirement age. Sec. 303. Moratorium on imposition of shutdown liability. Sec. 304. Alternative funding target attainment percentage determined without regard to reduction for credit balances. Sec. 305. Method for determining changes for quarterly contributions. Sec. 306. Election to discount contributions from final due date. Sec. 307. Simplification of elections and notices. Sec. 308. Improved multiemployer plan disclosure. Subtitle B—Improvements to the pension insurance program Sec. 311. Modifications of technical changes made by the Pension Protection Act of 2006 to termination liability. Sec. 312. Payment of lump sum distributions in bankruptcy. Sec. 313. Trusteeship clarifications. Sec. 314. Recordkeeping for terminating plans. Sec. 315. Termination date in bankruptcy. TITLE IV—Other systemic reforms Sec. 401. Plan audit quality improvement. Sec. 402. Special rules relating to treatment of qualified domestic relations orders. Sec. 403. Correction to bonding requirement. Sec. 404. Retaliation protections. I USA Retirement funds 101. Automatic USA Retirement Fund arrangements (a) Requirement To provide access Each covered employer shall make available to each qualifying employee for the calendar year an automatic USA Retirement Fund arrangement. (b) Covered employer For purposes of this title— (1) In general Except as otherwise provided in this subsection and subsection (c)(2), the term covered employer (2) Qualifying plan or arrangement (A) In general The term qualifying plan or arrangement section 219(g)(5) (B) Exceptions Such term shall not include the following: (i) Frozen defined benefit plan A defined benefit plan that had no ongoing accruals as of the first day of the preceding calendar year, unless the plan failed to have accruals only because of the application of section 206 of the Employee Retirement Income Security Act ( 29 U.S.C. 1056 section 436 (ii) Defined contribution plan without lifetime income options A defined contribution plan that does not provide participants with a distribution option that provides lifetime income. (iii) Plans not meeting contribution requirements A plan— (I) which consists of a cash or deferred arrangement (as defined in section 401(k) of such Code) with respect to which the employer does not automatically enroll all eligible employees at contribution rates at or above those specified in subsection (d)(4); or (II) for which the only contributions are nonelective employer contributions and with respect to which the employer’s annual contribution rate is not at or above the rates specified in subsection (d)(4). (3) Exception for certain small and new employers (A) In general The term covered employer (i) did not employ during the preceding calendar year more than 10 employees who each received at least $5,000 of compensation (as defined in section 3401(a) of the Internal Revenue Code of 1986) from the employer for such preceding calendar year; (ii) did not normally employ more than 10 employees on a typical business day during the preceding calendar year; or (iii) was not in existence at all times during the calendar year and the preceding calendar year. (B) Operating rules In determining the number of employees for purposes of subparagraph (A)— (i) rules consistent with any rules applicable in determining the number of employees for purposes of section 408(p)(2)(C) and section 4980B(d) of the Internal Revenue Code of 1986 shall apply; (ii) all members of the same family (within the meaning of section 318(a)(1) of the Internal Revenue Code of 1986) shall be treated as 1 individual; and (iii) any reference to an employer shall include a reference to any predecessor employer. (4) Exception for governments and churches The term covered employer (A) a government or entity described in section 414(d) (B) a church or a convention or association of churches that is exempt from tax under section 501 of such Code. (5) Aggregation rule A person treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 or subsection (m) or (o) of section 414 of such Code shall be treated as a single employer. (c) Qualifying employee For purposes of this title— (1) In general The term qualifying employee (2) Plan sponsor's employees If— (A) an employer maintains one or more qualifying plans or arrangements described in section 219(g)(5) of the Internal Revenue Code of 1986; and (B) the employees of a subsidiary, division, or other business unit are generally not eligible to participate in any such qualifying plan or arrangement, for purposes of this section, the employer shall be treated as a covered employer with respect to such employees (other than excluded employees), and such employees (other than excluded employees) shall be treated as qualifying employees for the calendar year. (3) Excluded employees (A) In general The term excluded employee (B) Excludable employee The term excludable employee (i) an employee described in section 410(b)(3) (ii) an employee who has not attained the age of 21 before the beginning of the calendar year; (iii) an employee who has not completed at least 3 months of service with the employer; (iv) in the case of an employer that maintains a qualifying plan or arrangement which excludes employees who have not satisfied the minimum age and service requirements for participation in the plan, an employee who has not satisfied such requirements; (v) in the case of an employer that maintains an annuity contract (including a custodial account or retirement income account) under section 403(b) of the Internal Revenue Code of 1986, an employee who is permitted to be excluded from any salary reduction arrangement under the contract pursuant to paragraph (12) of such section 403(b); (vi) in the case of an employer that maintains an arrangement described in section 408(p) of such Code, an employee who is not required to be eligible to participate in the arrangement under paragraph (4) of such section 408(p); and (vii) in the case of an employer that maintains a simplified employee pension described in section 408(k) of such Code, an employee who is permitted to be excluded from participation under paragraph (2) of such section 408(k). (4) Guidance The Secretary of Labor (in this title referred to as the Secretary (A) guidelines for determining the classes or categories of employees to be covered by a USA Retirement Fund; (B) guidelines requiring employers to specify the classification or categories of employees (if any) who are excluded from the USA Retirement Fund; and (C) rules to prevent avoidance of the requirements of this section. (d) Automatic USA Retirement Fund arrangement For purposes of this title— (1) In general The term automatic USA Retirement Fund arrangement (A) that covers each qualifying employee of the covered employer for the calendar year; (B) under which a qualifying employee— (i) may elect— (I) to contribute to an automatic USA Retirement Fund by having the employer deposit payroll deduction amounts or make other periodic direct deposits (including electronic payments) to the Fund; or (II) to have such payments paid to the employee directly in cash; (ii) is treated as having made the election under clause (i)(I) in the amount specified in paragraph (4) unless the individual specifically elects not to have such contributions made (or specifically elects to have such contributions made at a different percentage or in a different amount); and (iii) not more than once per calendar year, may elect to modify the selection of the USA Retirement Fund to which contributions are made for such year; and (C) that meets the administrative requirements of paragraph (3), including the notice requirement of paragraph (3)(C). (2) Automatic re-enrollment An employee’s election not to contribute to a USA Retirement Fund (or to have such contributions made at a different percentage or in a different amount from those specified in paragraph (4)) shall expire after 2 years. After such 2-year period and absent a new election, the employee shall be treated as having made the election under paragraph (1)(B)(i)(I) in the amount specified in paragraph (4). (3) Administrative requirements (A) Payments An employer shall make the payments elected or treated as elected under paragraph (1)(B) on or before— (i) the last day of the month following the month in which the compensation otherwise would have been payable to the employee in cash; or (ii) such later date as the Secretary may prescribe. (B) Termination of employee participation Subject to a requirement for reasonable notice, an employee may elect to terminate participation in the arrangement at any time during a calendar year. The arrangement may provide that, if an employee so terminates participation, the employee may not elect to resume participation until the beginning of the next calendar year. (C) Notice of election period The employer shall notify each employee eligible to participate for a year in a USA Retirement Fund arrangement, within a reasonable period of time before the 30th day before the beginning of such year (and, for the first year the employee is so eligible, the 30th day before the first day such employee is so eligible), of— (i) the payments that may be elected or treated as elected under paragraph (1)(B); (ii) the opportunity to make the election to terminate participation in the arrangement under subparagraph (B); (iii) the opportunity to make the election under paragraph (1)(B)(ii) to have contributions or purchases made at a different percentage or in a different amount; and (iv) the opportunity under paragraph (1)(B)(iii) to modify the manner in which such amounts are invested for such year. (D) Employees may choose usa retirement fund The arrangement shall provide that a qualified employee may elect to have contributions made to any USA Retirement Fund available to the employee. (4) Amount of contributions and payments The amount specified in this paragraph is— (A) 3 percent of compensation for the calendar year beginning on January 1, 2015; (B) 4 percent of compensation for the calendar year beginning on January 1, 2016; (C) 5 percent of compensation for the calendar year beginning on January 1, 2017; and (D) 6 percent of compensation for calendar years beginning after December 31, 2017. (5) Coordination with withholding The Secretary of the Treasury shall modify the withholding exemption certificate under section 3402(f) of the Internal Revenue Code of 1986 so that, in the case of any qualifying employee covered by a USA Retirement Fund arrangement, any notice and election requirements with respect to the arrangement may be met through the use of an attachment to such certificate or other modifications of the withholding exemption procedures. (e) Deposits to USA Retirement Funds (1) In general Except as provided in paragraph (2), an employer shall make all contributions on behalf of employees to the USA Retirement Fund specified by the employee. (2) USA retirement funds other than those selected by employee In the absence of an affirmative selection of a USA Retirement Fund by the employee, contributions on behalf of the employee shall be made to the USA Retirement Fund designated by the employer. (3) Regulations The Secretary may issue such regulations as are necessary to carry out this subsection. (f) Preemption of conflicting State laws The requirements under this section preempt any law of a State that directly or indirectly prohibits or restricts the establishment or operation of an automatic USA Retirement Fund arrangement. Nothing in this section shall be construed to impair or preempt any State law to the extent such State law provides a remedy for the failure to make payroll deposit payments under any such automatic USA Retirement Fund arrangement within the period required. 102. Establishment of USA Retirement Funds (a) Qualification as a USA Retirement Fund For purposes of this title— (1) In general The term USA Retirement Fund (2) Request for determination The board of trustees of a program established for purposes of being treated as a USA Retirement Fund under this section shall, prior to beginning operations, submit to the Secretary (at such time and in such manner as the Secretary may prescribe) a request for the Secretary to make a determination as to whether the plan meets the requirements of this title for such treatment. Such request shall include copies of the written documents establishing the plan and such other materials as the Secretary may request. The Secretary shall make such determination within 180 days of receiving such request. (3) Periodic review The Secretary shall establish a process to periodically review each plan determined to be a USA Retirement Fund under paragraph (1) to ensure that the plan continues to meet the requirements of this title. (4) Public list of plans The Secretary shall maintain a public list of plans determined by the Secretary to qualify as USA Retirement Funds. Such list shall be posted to a publicly available Internet website. (b) Participation (1) Eligibility An individual may participate in any USA Retirement Fund for which such individual meets the eligibility requirements, individually or through an arrangement established by an employer. (2) Participation in other plans An individual who participates in a USA Retirement Fund shall not be precluded from participating in a plan or arrangement described in section 219(g)(5) of the Internal Revenue Code of 1986. (c) Governance (1) Assets held in trust; board of trustees For purposes of this title— (A) the assets of each USA Retirement Fund shall be held in trust, and (B) the Fund shall be governed by a board of trustees which shall consist of at least 3 individuals who— (i) are independent of service providers to the Fund; (ii) meet the qualification requirements established under this section; and (iii) are collectively able to adequately represent the interests of active participants, retirees, and contributing employers. (2) Independence requirement An individual is not independent of Fund service providers for purposes of paragraph (1)(B)(i) if such individual— (A) is an employee of any Fund service provider; (B) is a current or former officer or director of a significant Fund service provider, or is otherwise affiliated with such a provider; (C) is a member of the immediate family of any person who is affiliated with a significant Fund service provider; (D) derives more than 1 percent of the individual's annual income from a significant Fund service provider; (E) derives more than 5 percent of the individual's annual income from any Fund service provider; or (F) fails to meet meets such other criteria as are specified by the Secretary to ensure the independence of the board of directors. (3) Multiple trusteeships No individual may serve on the board of trustees of more than 1 USA Retirement Fund unless the Secretary receives attestation from the board of trustees of each applicable USA Retirement Fund and the individual that, at the time of appointment, there is no reasonably foreseeable conflict between the duties of such individual to the participants in each applicable USA Retirement Fund. In no case may an individual serve on the boards of trustees of more than 3 USA Retirement Funds. (4) Trustee qualifications Each trustee of a USA Retirement Fund shall attest that the trustee is knowledgeable of the trustee's duties and responsibilities as a fiduciary of a USA Retirement Fund. The Secretary may require by regulation such other qualifications and documentation as may be necessary to ensure that trustees are suitable and qualified. Such requirements may include those related to education, training, and minimum competency standards. (5) Trustee selection and removal (A) In general Each board of trustees of a USA Retirement Fund shall establish written procedures regarding the appointment, removal, and replacement of trustees on the board. Such procedures shall— (i) take effect after adoption by the majority of the board of trustees; (ii) be readily available to participants; (iii) provide participants with a reasonable opportunity to comment on, or participate in, the trustee selection process; and (iv) provide for periodic election of trustees. (B) Removal by the secretary The Secretary may require removal or suspension of a trustee if the conduct of the trustee is fraudulent or is causing, or can be reasonably expected to cause, significant, imminent, and irreparable harm to the participants or beneficiaries of a USA Retirement Fund. (C) Funds without qualified trustees If a board of trustees of a USA Retirement Fund has no members meeting the criteria under this subsection, the Secretary shall appoint replacement trustees. (6) Trustee compensation Trustees of the Fund may be compensated at reasonable rates from the Fund, but only if such compensation is paid in accordance with the written board compensation policy adopted under paragraph (7)(A)(iv). (7) Transparency and participant democracy (A) Publicly available policies The board of trustees of a USA Retirement Fund shall adopt and make available to participants and beneficiaries of, and employers contributing to, the USA Retirement Fund— (i) a written investment policy statement; (ii) a written lifetime income policy statement; (iii) an annual performance assessment of the board of trustees, including an evaluation of weaknesses of the board and a plan to address such weaknesses; (iv) a written board compensation policy that includes current compensation levels and provides a reasonable opportunity for comment from participants, beneficiaries, and employers; and (v) a written policy addressing conflicts of interests with respect to trustees. (B) Participant input regarding board of trustees (i) In general The board of trustees of a USA Retirement Fund shall establish procedures whereby a participant or beneficiary of such USA Retirement Fund may— (I) petition the board of trustees to remove a trustee or service provider; (II) comment on the management and administration of the USA Retirement Fund; and (III) with respect to a USA Retirement Fund with more than $250,000,000 of assets, vote to approve or disapprove the compensation of the trustees at least once every 3 years. (ii) Effect of vote If participants and beneficiaries of a USA Retirement Fund vote to disapprove the compensation of trustees under clause (i)(III)— (I) the results of such vote shall not be binding on the board of trustees; and (II) the board of trustees shall notify the Secretary of the results of such vote and provide an explanation of why the compensation is reasonable or anticipated changes to the compensation. (8) Liability insurance for trustees The trustees of each USA Retirement Fund shall have fiduciary liability insurance with a per-claim limit equal to no less than the greater of— (A) 5 percent of plan assets; or (B) $1,000,000. (9) Trustee duties (A) In general The trustees of a USA Retirement Fund shall manage the Fund with the intention of providing each participant with a cost-effective stream of income in retirement and reducing benefit level volatility (particularly for those approaching retirement). (B) Applicability of other requirements Each trustee of a USA Retirement Fund shall be a fiduciary subject to sections 404(a), 404(b), 405, 406, and 408 through 413 of the Employee Retirement Income Security Act of 1974 with respect to the Fund and participants and beneficiaries of the Fund. Each such trustee shall be subject to the standards and remedies of such sections and section 502 of such Act, as if the Fund were an employee benefit plan. (d) Employer contribution limitation (1) In general Subject to paragraph (2), employers may, in addition to contributions an employee elects (or is treated as having elected) to have made, make a contribution of up to $5,000 per year to a USA Retirement Fund on behalf of each employee eligible to participate in a USA Retirement Fund, provided such contributions are made in a uniform manner (as the same dollar amount for each such employee or the same percentage of pay for each such employee) and are not intended to benefit solely highly compensated employees. (2) Annual indexing of amount The dollar amount under paragraph (1) shall be indexed annually for inflation. (e) Benefits in the form of an annuity (1) In general A USA Retirement Fund shall pay benefits in the form of an annuity in accordance with paragraph (2). The amount of such benefits shall be dependent on the amount of contributions made by the participant, the experience of the Fund, and the form of distribution elected by the participant. The amount of an annuity may be adjusted to reflect the experience of the Fund as necessary to protect the financial integrity of the Fund, except that annuity payments for those in pay status shall not be reduced more than 5 percent per year unless the Fund is faced with a significant financial hardship and the Secretary has approved the reduction. (2) Annuity A USA Retirement Fund shall pay benefits in accordance with one of the following: (A) In the case of a participant who does not die before the annuity starting date, the benefit payable to such participant shall be provided in the form of a qualified joint and survivor annuity (as defined in section 205(d)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(d)(1) (B) In the case of a participant who dies before the annuity starting date and who has a surviving spouse, a qualified preretirement survivor annuity (as defined in section 205(d)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1055(d)(2))) shall be provided to the surviving spouse of such participant. (C) In lieu of a qualified joint and survivor annuity form of benefit or the qualified preretirement survivor annuity form of benefit (or both), a participant may elect to receive a distribution described in subsection (f)(2) if one of the following conditions are met: (i) (I) The spouse of the participant consents in writing to the election. (II) Such election designates a beneficiary (or form of benefits) which may not be changed without spousal consent (or the consent of the spouse expressly permits designations by the participant without any requirement of further consent by the spouse). (III) The spouse’s consent acknowledges the effect of such election and is witnessed by a plan representative or a notary public. (ii) It is established to the satisfaction of a Fund representative that the consent required under subclause (I) cannot be obtained because there is no spouse, because the spouse cannot be located, or because of such other circumstances as the Secretary may by regulations prescribe. The consent of a spouse (or establishment that the consent of a spouse cannot be obtained) under this subparagraph shall be effective only with respect to such spouse. (3) Commencement of benefit payments A participant may elect the time to start receiving benefit payments from the USA Retirement Fund, except that a participant— (A) except as provided in subsection (f)(2)(B), may not elect to receive benefit payments before reaching the age of 60; and (B) must begin receiving benefit payments before the age of 72. (4) Notice Each Fund shall provide to each participant, within a reasonable period of time before the annuity starting date, a written explanation substantially similar to that required by section 205(c)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(c)(3) (5) Assignment or alienation of fund benefits Benefits under a USA Retirement Fund shall be subject to section 206(d) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(d) (f) Limits on withdrawals and transfers (1) Transfers A participant may, not more frequently than once per year, transfer such participant's benefit to another USA Retirement Fund. (2) Limits on distributions (A) In general Except as provided in subparagraphs (B) and (C), a participant may not take a distribution other than one described in subsection (e)(2). (B) Participants aged 59 and younger A participant may before age 60 take a distribution of a portion of the participant's benefit if such distribution does not to exceed $5,500 and is rolled over to a qualifying plan or arrangement described in section 219(g)(5) of the Internal Revenue Code of 1986 or an individual retirement plan. (C) Participants aged 60 and older A participant who is 60 or older but who has not entered pay status may elect one time to take a distribution of the greater of $10,000 or 50 percent of the participant's benefit if the participant demonstrates to the satisfaction of the trustees of the Fund that the participant has sufficient retirement income apart from the Fund or is facing a substantial hardship. (g) Methods for providing annuitized benefit payments (1) In general A USA Retirement Fund shall establish and maintain mechanisms for adequately securing the payment of annuity benefits from the Fund. The Fund shall include a written description of such mechanisms in the investment and lifetime income policy statements required to be disclosed to participants. (2) Specific goals The mechanisms described in paragraph (1) shall ensure that— (A) each participant receives a stream of income for life; (B) each participant and beneficiary has an opportunity to be protected against longevity risk; and (C) volatility in benefit levels is minimized for participants and beneficiaries in pay status and those approaching pay status. (3) Self-annuitization (A) In general Notwithstanding any other provision of law, a USA retirement Fund may self-annuitize if the Fund meets such requirements as the Secretary establishes as necessary to protect participants and beneficiaries in consideration of the recommendations of the Commission under section 103. (B) Duty to address emerging issues The Secretary shall, periodically and in accordance with established procedures, update the funding requirements promulgated under this paragraph in response to changing economic and business conditions to the extent necessary to carry out the purposes of this Act, taking into consideration the recommendations of the Commission. (h) Reporting and disclosure (1) Annual statement The trustees of a USA Retirement Fund shall provide each participant in the Fund an annual statement of— (A) the estimated amount of the monthly benefit which the participant or beneficiary is projected to receive from the USA Retirement Fund, in the form of the default benefit described in the plan in accordance with subsection (e)(2); (B) an explanation, written in a manner calculated to be understood by the average plan participant, that includes interest and mortality assumptions used in calculating the estimate and a statement that actual benefits may be materially different from such estimate; (C) a disclosure of Fund fees and performance that is substantially similar to the disclosures required of individual account plans under the Employee Retirement Income Security Act of 1974; (D) any other disclosures, including projected benefit estimates, that the board of trustees of the USA Retirement Fund determines appropriate; and (E) such other disclosures as may be required by the Secretary. (2) Summary plan description The trustees of a USA Retirement Fund shall provide participants a summary plan description (as described in section 102 of the Employee Retirement Income Security Act ( 29 U.S.C. 1022 29 U.S.C. 1024(b) (3) Annual reports The trustees of a USA Retirement Fund shall file with the Secretary of Labor periodic reports in accordance with regulations promulgated by the Secretary. (4) Additional requirements Each USA Retirement Fund shall be subject to sections 106 and 107 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1026 103. Commission on USA Retirement Funds (a) Recognition of private commission The Secretary shall— (1) recognize an independent, private commission, to be known as the Commission for USA Retirement Funds Funding Commission (2) in carrying out the Secretary's duties under this title, consider the recommendations of such Commission. (b) Commission The Commission recognized under subsection (a) shall meet the following requirements: (1) Membership (A) Composition The Commission shall be composed of 9 members selected by the Secretary, in consultation with the Secretary of the Treasury, of whom no more than 5 may be from one political party. The Secretary shall designate one member of the Commission as the Chairman. No person may be appointed to the Commission if, during the 2-year period preceding the date of appointment, such person was a trustee of a USA Retirement Fund. (B) Date The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (C) Period of appointment; vacancies Members shall be appointed for terms of 2 years and may be appointed for consecutive terms. Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment. (2) Majority vote The Commission may act by majority vote of its members, provided that at least 7 members are present. (3) Commission personnel matters (A) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (C) Staff (i) In general The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (ii) Compensation The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (iii) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (iv) Procurement of temporary and intermittent services The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (4) Recommendations and regulations on funding and distribution requirements (A) In general After taking into consideration the recommendations of the Commission and providing the public notice and an opportunity for comment, the Secretary shall promulgate regulations with respect to funding and distribution requirements for USA Retirement Funds, as necessary or appropriate in the public interest and for the protection of participants and beneficiaries, including regulations described in subparagraphs (B) and (C). (B) Requirements relating to annuity payments made directly by a Fund The regulations under subparagraph (A) shall provide that in the case of annuity payments made directly by the Fund— (i) the maximum annuity payment for a participant or beneficiary shall be determined using the mortality tables and interest rates prescribed by the Secretary under subparagraph (C) at the time benefits commence; and (ii) the level of benefits paid may be adjusted periodically in order to reflect the mortality experience and the investment experience of the Fund, but only after the Fund has obtained a certification from a member of the American Academy of Actuaries that the adjustment is sustainable for the remaining lifetime of participants then receiving benefits, based on the mortality tables and interest rates prescribed under subparagraph (C) by the Secretary for that time. (C) Mortality tables and interest rates used requirements The regulations promulgated under subparagraph (A) shall include the following: (i) Mortality Tables (I) In general The Secretary shall prescribe mortality tables to be used in determining annuity payments made directly by the Fund. Such tables shall be based on the actual experience of insurance companies that issue group annuities and projected trends in such experience. In prescribing such tables, the Secretary shall take into account results of available independent studies of the mortality of individuals receiving annuities under group annuity contracts. (II) Periodic revisions of mortality tables The Secretary shall make revisions, to become effective as soon as practicable, in any mortality table in effect to reflect more recent actual experience of insurance companies that issue group annuities and projected trends in such experience. In revising such tables, the Secretary shall take into account the results of more recent available independent studies of the mortality and projected trends of individuals receiving annuities under group annuity contracts. (ii) Interest Rates The Secretary shall prescribe interest rates to be used in determining annuity payments made directly by the Fund. Such rates shall be based on the yields on investment grade corporate bonds with varying maturities and that are in the top 3 quality levels available. Interest rates shall be prescribed quarterly or more frequently, as determined by the Secretary. (5) Duty to address best practices The Commission shall prepare, and periodically update, a report that describes the best practices for the governance of boards of trustees of USA Retirement Funds, including board of trustee composition, appointment procedures, term length, term staggering, trustee qualifications, delegation of duties, and performance assessment procedures. 104. Limitation on employer liability Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. (e) An employer shall not be a fiduciary with respect to the selection, management or administration of a USA Retirement Fund solely because such employer makes available such Fund through an automatic USA Retirement Fund arrangement. Notwithstanding the preceding sentence, employers participating in a USA Retirement Fund shall be responsible for meeting the enrollment requirements and transmitting contributions, as required under the USA Retirement Funds Act . 105. Enforcement and fraud prevention (a) Penalty for failure To timely remit contributions to automatic USA Retirement Fund arrangements (1) In general If an employer is required under an automatic USA Retirement Fund arrangement to deposit amounts withheld from an employee's compensation into a USA Retirement Fund but fails to do so within the time prescribed under section 101(d)(3), such amounts shall be treated as assets of a USA Retirement Fund. (2) Failure to provide access to payroll savings arrangements (A) General rule A covered employer who fails to meet the requirements of section 101(a) for a calendar year shall be subject to a civil money penalty of $100 per calendar year for each employee to whom such failure relates. (B) Exceptions No civil money penalty shall be imposed under this paragraph for a failure to meet the requirements under section 101(a)— (i) during a period for which the Secretary determines that the employer subject to liability for the civil money penalty did not know that the failure existed and exercised reasonable diligence to meet the requirements of section 101(a); or (ii) (I) the employer subject to liability for the civil money penalty exercised reasonable diligence to meet the requirements of section 101(a); and (II) the employer provides the automatic USA Retirement Fund arrangement described to each employee eligible to participate in the arrangement by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence should have known, that such failure existed. (C) Waiver by the secretary In the case of a failure to meet the requirements of section 101(a) that is due to reasonable cause and not to willful neglect, the Secretary may, in the sole discretion of the Secretary, waive part or all of the civil money penalty imposed under this paragraph to the extent that the payment of such civil money penalty would be excessive or otherwise inequitable relative to the failure involved. (D) Procedures for notice The Secretary may prescribe and implement procedures for obtaining confirmation that employers are in compliance with subsection (a). The Secretary, in the discretion of such Secretary, may prescribe that the confirmation shall be obtained on an annual or less frequent basis, and may use for this purpose the annual report or quarterly report for employment taxes, or such other means as the Secretary may deem advisable. (b) Civil actions and enforcement (1) Administration and enforcement Part 5 of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 et seq. (2) Amendment Section 502(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 et seq. (A) in paragraph (9), by striking ; or ; (B) in paragraph (10), by striking the period at the end and inserting ; or (C) by adding at the end the following: (11) in the event that an employer fails to make timely contributions or payments to a USA Retirement Fund established under title I of the USA Retirement Funds Act . (3) Non-preemption of certain State law Nothing in this section shall preempt State law insofar as State law relates to the enforcement of an obligation to contribute to a USA Retirement Fund. (c) False statements (1) In general No person, in connection with a plan or other arrangement that is or purports to be a USA Retirement Fund, shall make a false statement or false representation of fact, knowing it to be false, in connection with the marketing or sale of such plan or arrangement, to any employee, any member of an employee organization, any beneficiary, any employer, any employee organization, the Secretary, or any State, or the representative or agent of any such person, State, or the Secretary, concerning— (A) the financial condition or solvency of such fund or arrangement; (B) the benefits provided by such fund or arrangement; (C) the regulatory status of such fund or other arrangement under any Federal or State law governing collective bargaining, labor management relations, or intern union affairs; or (D) the regulatory status of such fund or other arrangement. (2) Penalty Any person who violates this subsection shall, upon conviction, be imprisoned not more than 10 years or fined under title 18, United States Code, or both. (d) Cease and desist orders (1) Issuance of order The Secretary may issue a cease and desist (ex parte) order under this title if the Secretary determines that the alleged conduct of a fund purporting to be a USA Retirement Fund is fraudulent, or creates an immediate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury. (2) Hearings (A) In general A person who is adversely affected by the issuance of a cease and desist order under paragraph (1) may request a hearing by the Secretary regarding such order. The Secretary may require that a hearing under this paragraph, including all related information and evidence, be conducted in a confidential manner. (B) Burden of proof The burden of proof in any hearing conducted under subparagraph (A) shall be on the party requesting the hearing to show cause why the cease and desist order should be set aside. (C) Determination Based upon the evidence presented at a hearing under subparagraph (A), the Secretary may affirm, modify, or set aside the cease and desist order at issue, in whole or in part. (3) Regulations The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this subsection. II Defined contribution plan reforms A Savings enhancements 201. Pooled employer plans (a) No common interest required for pooled employer plans Section 3(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(2) (C) A pooled employer plan shall be treated as a single employee pension benefit plan or single pension plan without regard to whether the participating employers share a common interest other than participation in the plan. . (b) Pooled employer plan and provider defined Section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 (43) (A) The term pooled employer plan (i) the terms of the plan designate a pooled plan provider, (ii) under the plan each participating employer retains fiduciary responsibility for— (I) the prudent selection and monitoring of the person designated as the pooled employer plan provider and, if different from the provider, the person designated as the plan’s named fiduciary, and (II) to the extent not otherwise delegated to another fiduciary, the investment and management of that portion of the plan’s assets attributable to the employees of that participating employer, (iii) under the plan a participating employer is not subject to unreasonable restrictions, fees, or penalties with regard to ceasing participation or otherwise transferring assets of the plan in accordance with section 414(l) of the Internal Revenue Code of 1986, and (iv) the pooled employer plan provider provides to participating employers any disclosures or other information as the Secretary may require. (B) The term pooled employer plan (i) a multiemployer plan, or (ii) a plan established before January 1, 2014, or any successor thereof. (44) (A) The term pooled plan provider (i) is designated by the terms of a pooled employer plan as a pooled plan provider; (ii) registers as a pooled plan provider with the Secretary and provides such other identifying information to the Secretary as the Secretary may require; and (iii) has such educational or professional qualifications as the Secretary may require. (B) The Secretary may perform examinations and investigations of pooled plan providers as may be necessary to enforce and carry out the purposes of the Act. (C) For purposes of this section, the following shall be treated as a single pooled plan provider: (i) All corporations that provide services to a plan and are members of a controlled group of corporations within the meaning of section 1563(a) of the Internal Revenue Code of 1986 (determined without regard to subsection (a)(4) of such section 1563). (ii) All persons treated as a single employer under section 210(d). . (c) Technical amendment Section 3 of such Act is amended by striking the second paragraph (41). 202. Pooled employer and multiple employer plan reporting (a) Additional information Section 103 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023 (1) in subsection (a)(1)(B), by striking applicable subsections (d), (e), and (f) applicable subsections (d), (e), (f), and (g) (2) by adding at the end the following: (g) Additional information with respect to pooled employer and multiple employer plans An annual report under this section for a plan year shall include— (1) with respect to any pooled employer plan or other pension plan maintained by more than one employer (other than a multiemployer plan), a list of participating employers and a good faith estimate of the percentage of the total contributions made, or expected to be made, by each such participating employer for the plan year, and (2) with respect to a pooled employer plan, the identifying information for the person designated under the terms of the plan as the pooled plan provider. . (b) Simplified annual reports Section 104(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024(a) (2) (A) With respect to annual reports required to be filed with the Secretary under this part, the Secretary may by regulation prescribe simplified annual reports for any pension plan that— (i) covers fewer than 100 participants, or (ii) is a pooled employer plan (as defined in section 3(43)) that covers fewer than 1,000 participants but only if no single participating employer has more than 100 participants covered by the plan. . (c) Effective date The amendments made by this section shall apply to annual reports for plan years beginning after December 31, 2014. B Participant Protections 211. Alternative fiduciary arrangements to protect plan participants Section 405 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1105 (e) Small employer plan alternative fiduciary arrangements (1) In general A small employer that is a plan sponsor of an employee pension benefit plan shall not be liable for a breach of fiduciary responsibility of a small employer plan service provider with respect to the same plan if the requirements of the following subparagraphs are met: (A) Small employer plan sponsor requirements The requirements of this subparagraph are met if the small employer prudently selects and monitors the small employer plan named fiduciary. (B) Small employer plan named fiduciary requirements The requirements of this subparagraph are met if the small employer plan named fiduciary— (i) engages a small employer plan service provider with respect to the employee pension benefit plan; (ii) registers as a small employer plan named fiduciary with the Secretary in accordance with paragraph (2)(A); (iii) has such educational or professional qualifications as the Secretary may require; (iv) provides to employers disclosures or other information as may be required by the Secretary by regulations to facilitate monitoring of the named fiduciary; (v) is bonded in accordance with section 412; and (vi) meets the financial responsibility requirements of paragraph (2)(B). (2) Rules relating to named fiduciary requirements (A) Reporting by small employer plan named fiduciary For purposes of paragraph (1)(B)(ii), the small employer plan named fiduciary shall file the required registration with the Secretary— (i) before the date upon which the safe harbor provided in this subsection first applies to a small employer plan sponsor and at such other times as the Secretary may prescribe by regulations, and (ii) in such form and manner, and containing such information, as the Secretary determines necessary or appropriate to carry out the purposes of this Act. (B) Financial responsibility requirements For purposes of paragraph (1)(B)(vi), a small employer plan named fiduciary shall meet the requirements of this subparagraph if the fiduciary either— (i) has fiduciary liability insurance with a per-claim limit equal to no less than— (I) the greater of 5 percent of plan assets or $1,000,000; or (II) such other amount as is determined by the Secretary by regulation; or (ii) is— (I) a bank, as defined in section 202(a)(2) of the Investment Advisers Act of 1940, that has the power to manage, acquire, or dispose of assets of a plan, and that has, as of the last day of its most recent fiscal year, equity capital in excess of $1,000,000; (II) a savings and loan association, the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, that has made application for and been granted trust powers to manage, acquire, or dispose of assets of a plan by a State or Federal authority having supervision over savings and loan associations, and that has, as of the last day of its most recent fiscal year, equity capital or net worth in excess of $1,000,000; (III) an insurance company that is subject to supervision and examination by a State authority having supervision over insurance companies, that is qualified under the laws of more than one State to manage, acquire, or dispose of assets of a plan, and that has, as of the last day of its most recent fiscal year, net worth in excess of $1,000,000; or (IV) an investment adviser registered under the Investment Advisers Act of 1940 that, as of the last day of its most recent fiscal year, has total client assets under its management and control in excess of $85,000,000 and shareholders' or partners' equity in excess of $1,000,000. (C) Adjustment of amounts The Secretary may by regulation adjust the dollar amounts under subparagraph (B)(ii). (3) Administrative summary cease and desist orders and summary seizure orders against small employer plan named fiduciary (A) In general The Secretary may issue an ex parte cease and desist order under this title if the Secretary— (i) determines that a small plan named fiduciary or small employer plan service provider has not met the requirements under paragraph (1) or (2); or (ii) has reasonable cause to believe that the named fiduciary or service provider has engaged in or is about to engage in conduct that is a violation of this title or that the Secretary determines to be contrary to accepted standards of plan operations that might result in abnormal risk to the plan or participants and beneficiaries of the plan. (B) Hearings (i) In general A person that is adversely affected by the issuance of a cease and desist order under subparagraph (A) may request a hearing by the Secretary regarding such order. (ii) Confidentiality The Secretary may require that a hearing under this subparagraph, including all related information and evidence, be conducted in a confidential manner. (iii) Burden of proof The burden of proof in any hearing conducted under this subparagraph shall be on the party requesting the hearing to show cause why the cease and desist order should be set aside. (iv) Determination Based upon the evidence presented at a hearing under this subparagraph, the Secretary may affirm, modify, or set aside the cease and desist order, in whole or in part. (C) Seizure The Secretary may issue a summary seizure order under this subtitle if the Secretary determines that a small employer plan named fiduciary or small employer plan service provider is in a financially hazardous condition. (D) Regulations The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this paragraph. (E) Exception This paragraph shall not apply to any named fiduciary that is not a named fiduciary under paragraph (1)(A) or small employer plan service provider under paragraph (1)(B)(i). (F) Savings clause The Secretary’s authority under this paragraph shall not be construed to limit the Secretary’s ability to exercise enforcement or investigatory authority under any other provision of this title. The Secretary may, in the sole discretion of the Secretary, initiate court proceedings without using the procedures in this paragraph. (4) Definitions For purposes of this subsection— (A) Small employer (i) In general The term small employer (ii) 2-Year grace period A small employer that establishes and maintains an employee pension benefit plan for 1 or more years and that is not a small employer for any subsequent year shall be treated as a small employer for the 2 years following the last year the employer was a small employer. If such employer is not a small employer as described in the preceding sentence on account of an acquisition, disposition, or similar transaction involving a small employer, the preceding sentence shall not apply. (B) Small employer plan named fiduciary The term small employer plan named fiduciary (C) Small employer plan service provider The term small employer plan service provider (i) an administrator (as defined in section 3(16)(A)); (ii) a fiduciary (as defined in section 3(21)(A)); or (iii) an investment manager (as defined in section 3(38)), that is independent from the small employer plan named fiduciary. . 212. Rollover protections (a) Sense of congress It is the sense of Congress that a person may be providing investment advice within the meaning of section 3(21) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(21)) when such person advises a plan participant to take a permissible plan distribution and such distribution advice is combined with a recommendation as to how the distribution should be invested. (b) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance consistent with subsection (a) clarifying the applicability of section 3(21) of the Employee Retirement Income Security Act of 1974 to investment advice provided in connection with distribution recommendations. (c) Fiduciary and prohibited transaction awareness The Comptroller General of the United States shall study the extent to which advisors, broker-dealers, and other financial professionals dealing with individual and employer-provided retirement plans are aware of, and receive ongoing training regarding, the requirements of part 4 of subtitle B of title I of the Employee Retirement Income Security Act ( 29 U.S.C. 1101 et seq. section 4975 C Lifetime income 221. Lifetime income disclosure (a) Requirements To provide pension benefit statements Section 105(a)(2)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)(B)) is amended— (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting , and (3) by adding at the end the following: (iii) an illustration of the participant’s benefit as an estimated lifetime income stream beginning at retirement determined in accordance with assumptions and requirements established by regulation. . (b) Limitation on liability Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 (f) Limitation on liability No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of providing an illustration as required under section 105(a)(2)(B)(iii). . (c) Regulations Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall issue regulations implementing the amendments made by subsections (a) and (b). (d) Clarification The requirement under section 105(a)(2)(B)(iii) of the Employee Retirement Income Security Act of 1974, as added by subsection (a)(3), shall apply to pension benefit statements furnished more than 1 year after the issuance of the final rules implementing section 105(a)(2)(B)(iii) of such Act. 222. Lifetime income safe harbor Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 (g) Safe harbor for annuity selection (1) In general With respect to the selection of a lifetime retirement income contract as part of an individual account plan, a fiduciary will be deemed to satisfy the requirements of subsection (a)(1)(B) with respect to the selection of an insurer and lifetime retirement income contract if the fiduciary engages in an objective, thorough, and analytical search for the purpose of identifying insurers from which to purchase lifetime retirement income contracts and appropriately concludes that— (A) at the time of the selection, the insurer is financially capable of satisfying its obligations under the lifetime income contract; and (B) the cost (including fees, surrender penalties, and commissions) of the selected lifetime retirement income contract is reasonable in relation to the benefits and product features of the contract and the administrative services to be provided under such contract. (2) Fiduciaries A fiduciary meets the requirements of paragraph (1)(A) if the fiduciary meets all of the following conditions: (A) The fiduciary obtains written representations from the insurer that— (i) the insurer is licensed to offer lifetime retirement income contracts; (ii) the insurer, at the time of selection and for each of the immediately preceding 10 years— (I) operates under a certificate of authority from the Insurance Commissioner of its domiciliary state that has not been revoked or suspended; (II) has filed financial statements in accordance with the laws of its domiciliary state under applicable statutory accounting principles; (III) maintains reserves that satisfy all the statutory requirements of all States where the insurer does business; and (IV) is not operating under an order of supervision, rehabilitation, or liquidation; (iii) the insurer undergoes, at least every 5 years, a financial examination (within the meaning of the law of the State in which the insurer is domiciled) by the insurance commissioner of the domiciliary State (or any representative, designee, or other party approved thereby); (iv) if, following the issuance of the representations described in clauses (i) through (iii), there is any change that would preclude the insurer from making such representations at the time of issuance of the lifetime retirement income contract, the insurer will inform the fiduciary that the fiduciary can no longer rely on one or more of the representations; and (v) meet such other requirements specified by the Secretary by regulation. (B) The fiduciary has not received the notification described in clause (iv) of subparagraph (A) and has no other facts that would cause the fiduciary to question the representations described in clauses (i) through (iii) of subparagraph (A). (C) The fiduciary inquires about additional protections that might be available through a State guaranty association for the lifetime retirement income contract. (D) The fiduciary obtains evidence from the insurer that, not more than 1 year prior to the time of selection, the insurer has obtained written confirmation from the insurance commissioner of the domiciliary State of such insurer that, at the time the confirmation is issued, the insurer met the conditions of clauses (i) and (ii) of subparagraph (A). (3) Time of selection For purposes of this subsection, the time of selection (A) the time that the insurer and contract are selected for distribution of benefits to a specific participant or beneficiary; or (B) the time that the insurer and contract are selected to provide benefits at future dates to participants or beneficiaries, but only if the selecting fiduciary periodically reviews the continuing appropriateness of the conclusion described in paragraph (1)(A). (4) Periodic review For purposes of paragraph (3)(B), a fiduciary is not required to review the appropriateness of the conclusion under paragraph (1)(A) before or after the purchase of any contract for specific participants or beneficiaries. A fiduciary will be deemed to have conducted a periodic review of the financial capability of the insurer if the fiduciary obtains the written representations described in clauses (i) through (iii) of paragraph (2)(A) on an annual basis, unless, in the interim, the fiduciary becomes aware of facts that would cause the fiduciary to question such representations. (5) Definitions For purposes of this subsection— (A) the term insurer (B) the term lifetime retirement income contract (6) Savings clause Nothing in this subsection shall be construed to establish minimum requirements or the exclusive means for a fiduciary to satisfy the fiduciary duties under subsection (a)(1)(B). Nothing in this subsection shall be construed to require a fiduciary to select the lowest cost contract. A fiduciary may consider the value, including features and benefits of the contract and attributes of the insurer, in conjunction with the contract’s cost. Attributes of the insurer that may be considered may include, without limitation, the issuer’s financial strength. . 223. Default investment safe harbor clarification (a) In general Section 404(c)(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(5) (C) Availability of options The availability of annuity purchase rights, death benefit guarantees, investment guarantees, or other features in insurance contracts will not, in and of themselves, affect the status of a fund, product, or portfolio as a default investment under this paragraph. . (b) Rules of construction The amendment made by subsection (a) shall be construed to codify existing law and shall not be construed as modifying the regulations promulgated by the Secretary of Labor under section 404(c)(5) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(5) 224. Administration of joint and survivor annuity requirements (a) Option To appoint annuity administrators Section 402(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1102(c) (1) in paragraph (2), by striking or (2) in paragraph (3), by striking the period at the end and inserting ; or (3) by adding at the end the following new paragraph: (4) that a named fiduciary, or a fiduciary designated by a named fiduciary pursuant to a plan procedure described in section 405(c)(1), may appoint an annuity administrator or administrators with responsibility for administration of an individual account plan in accordance with the requirements of section 205 and payment of any annuity required thereunder. . (b) Liability of annuity administrator Section 405 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1105 (f) Annuity Administrator If 1 or more persons has been appointed under section 402(c)(4) as an annuity administrator or administrators of an individual account plan, and each such person acknowledges in writing that such person is the annuity administrator and a fiduciary under the plan with respect to appointed duties, neither the named fiduciary nor any appointing fiduciary shall be liable for any act or omission of the annuity administrator except to the extent that— (1) the named fiduciary or appointing fiduciary violated section 404(a)(1)— (A) with respect to such appointment; or (B) in continuing the appointment; (2) the named fiduciary or appointing fiduciary would otherwise be liable in accordance with subsection (a); or (3) the entity appointed to be the annuity administrator is not an insurance company or approved to be an annuity administrator by the Secretary. . III Defined benefit system reforms A Defined benefit pension plan reforms 301. Hybrid plans (a) Amendments to ERISA (1) Reasonable minimum rates disregarded Section 204(b)(5)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(5)(B)(i)) is amended— (A) in subclause (I), by adding at the end the following new sentence: Any rate described in subclause (IV) or (V) shall be disregarded in determining whether a plan is treated as satisfying the requirements of the first sentence of this subclause. (B) by adding at the end the following: (IV) Reasonable minimum guaranteed rates for investment-based interest credits In the case of an interest credit (or equivalent amount) that is based on an actual investment (or on an index that is structured to have effects similar to the effects of an actual investment), a fixed annual crediting rate equal to 3 percent (or a lower rate not less than zero that is specified in the plan) with respect to all contribution credits credited to a participant’s account balance or similar amount during the guarantee period shall be treated as a reasonable minimum guaranteed rate of return. For purposes of this subclause, the guarantee period begins on the prospective date that such reasonable minimum guaranteed rate applies to the participant’s benefit under the plan and ends on the date that such reasonable minimum guaranteed rate ceases to apply to the participant’s benefit. (V) Reasonable minimum rates for other interest crediting bases In the case of an interest credit (or equivalent amount) that is not described in subclause (IV), an annual interest rate equal to the lowest interest rate permitted with respect to any plan under section 415(b)(2)(E)(i) of the Internal Revenue Code of 1986 (without regard to section 415(b)(2)(E)(ii) of such Code) shall be treated as a reasonable minimum guaranteed rate of return described in such subclause. . (2) Permitted fixed rates Section 204(b)(5)(B)(i) of such Act ( 29 U.S.C. 1054(b)(5)(B)(i) (VI) Permitted fixed rate of return An annual interest crediting rate that is a fixed annual crediting rate and that does not exceed the rate described in subclause (V) plus one percentage point shall be deemed to satisfy the requirements of subclause (I). . (3) Protecting plan participants from losing access to market rates (A) In general Section 204(b)(5)(B) of such Act ( 29 U.S.C. 1054(b)(5)(B)(i)(III) (iii) Special rules relating to market rate of return For purposes of clause (i)(III)— (I) In general Except as provided in this subclause, any rate of return available in the market, shall, under the regulation under clause (i)(III), be permitted as a market rate of return under clause (i)(I). (II) Secretarial authority Except as provided in subclause (III), the Secretary of the Treasury may prescribe by regulation that a rate of return available in the market is not permitted under clause (i)(I) if such rate is designed to evade the purposes of clause (i)(I) and is not consistent with the purposes of a defined benefit plan. Such authority shall apply only to a rate of return based exclusively or primarily on the returns on employer securities (as defined in section 407(d)(1)), on alternative investments generally not appropriate as an exclusive or primary investment for retirement, or on other similar investments. (III) Specified safe harbor rates The following rates of return and any combination of such rates shall be deemed to be market rates of return that satisfy clause (i)(I): (aa) The first, second, or third segment rate (as defined in section 430(h)(2)(C) of the Internal Revenue Code of 1986 (without regard to clause (iv) thereof)) or any combination of such rates. (bb) The discount rate on 3-month, 6-month, and 12-month Treasury bills with appropriate margins determined under regulations prescribed by the Secretary of the Treasury. (cc) The yield on 1-year, 2-year, 3-year, 5-year, 7-year, 10-year, and 30-year Treasury Constant Maturities with appropriate margins determined under regulations prescribed by the Secretary of the Treasury. (dd) The actual return on all or a diversified portion of the assets of the plan. (ee) Any total return index or price index commonly used as an investment benchmark, as determined under regulations prescribed by the Secretary of the Treasury. (ff) The rate of return on an annuity contract for a participant issued by an insurance company licensed under the laws of a State. (gg) A cost of living index with appropriate margin, as determined under regulations promulgated by the Secretary of the Treasury. (hh) The rate of return on a broad-based regulated investment company, as determined under regulations promulgated by the Secretary of the Treasury. (ii) Any investment in which participants may elect to invest under a defined contribution plan maintained by the sponsor of the plan other than an investment with a rate of return prohibited under clause (i), a stable value fund, or an investment available only through a brokerage account (or similar arrangement). . (b) Amendments to 1986 Code (1) Reasonable minimum rates disregarded Section 411(b)(5)(B)(i) (A) in subclause (I), by adding at the end the following new sentence: Any rate described in subclause (IV) or (V) shall be disregarded in determining whether a plan is treated as satisfying the requirements of the first sentence of this subclause. (B) by adding at the end the following: (IV) Reasonable minimum guaranteed rates for investment-based interest credits In the case of an interest credit (or equivalent amount) that is based on an actual investment (or on an index that is structured to have effects similar to the effects of an actual investment), a fixed annual crediting rate equal to 3 percent (or a lower rate not less than zero that is specified in the plan) with respect to all contribution credits credited to a participant’s account balance or similar amount during the guarantee period shall be treated as a reasonable minimum guaranteed rate of return. For purposes of this subclause, the guarantee period begins on the prospective date that such reasonable minimum guaranteed rate applies to the participant’s benefit under the plan and ends on the date that such reasonable minimum guaranteed rate ceases to apply to the participant’s benefit. (V) Reasonable minimum rates for other interest crediting bases In the case of an interest credit (or equivalent amount) that is not described in subclause (IV), an annual interest rate equal to the lowest interest rate permitted with respect to any plan under section 415(b)(2)(E)(i) (without regard to section 415(b)(2)(E)(ii)) shall be treated as a reasonable minimum guaranteed rate of return described in such subclause. . (2) Permitted fixed rates Section 411(b)(5)(B)(i) of such Code, as amended by paragraph (1)(B), is further amended by adding at the end the following: (VI) Permitted fixed rate of return An annual interest crediting rate that is a fixed annual crediting rate and that does not exceed the rate described in subclause (V) plus one percentage point shall be deemed to satisfy the requirements of subclause (I). . (3) Protecting plan participants from losing access to market rates (A) In general Section 411(b)(5)(B) of such Code is amended by adding at the end the following: (iii) Special rules relating to market rate of return For purposes of clause (i)(III)— (I) In general Except as provided in this subclause, any rate of return available in the market, shall, under the regulation under clause (i)(III), be permitted as a market rate of return under clause (i)(I). (II) Secretarial authority Except as provided in subclause (III), the Secretary may prescribe by regulation that a rate of return available in the market is not permitted under clause (i)(I) if such rate is designed to evade the purposes of clause (i)(I) and is not consistent with the purposes of a defined benefit plan. Such authority shall apply only to a rate of return based exclusively or primarily on the returns on employer securities (as defined in section 407(d)(1)), on alternative investments generally not appropriate as an exclusive or primary investment for retirement, or on other similar investments. (III) Specified safe harbor rates The following rates of return and any combination of such rates shall be deemed to be market rates of return that satisfy clause (i)(I): (aa) The first, second, or third segment rate (as defined in section 430(h)(2)(C) (without regard to clause (iv) thereof)) or any combination of such rates. (bb) The discount rate on 3-month, 6-month, and 12-month Treasury bills with appropriate margins determined under regulations prescribed by the Secretary. (cc) The yield on 1-year, 2-year, 3-year, 5-year, 7-year, 10-year, and 30-year Treasury Constant Maturities with appropriate margins determined under regulations prescribed by the Secretary. (dd) The actual return on all or a diversified portion of the assets of the plan. (ee) Any total return index or price index commonly used as an investment benchmark, as determined under regulations prescribed by the Secretary. (ff) The rate of return on an annuity contract for a participant issued by an insurance company licensed under the laws of a State. (gg) A cost of living index with appropriate margin, as determined under regulations promulgated by the Secretary. (hh) The rate of return on a broad-based regulated investment company, as determined under regulations promulgated by the Secretary. (ii) Any investment in which participants may elect to invest under a defined contribution plan maintained by the sponsor of the plan other than an investment with a rate of return prohibited under clause (i), a stable value fund, or an investment available only through a brokerage account (or similar arrangement). . (c) Protecting plan participants from retroactive benefit decreases (1) In general If an interest credit (or equivalent amount) under a plan subject to section 411(b)(5)(B)(i)(I) of the Internal Revenue Code of 1986 or section 204(b)(5)(B)(i)(I) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(5)(B)(i)(I)) was reasonable in relation to market rates in existence when such interest credit (or equivalent amount) was established (disregarding any minimum rates of return that were reasonable when established), such interest credit (or equivalent amount) shall be treated as satisfying the requirements of section 411(b)(5)(B)(i)(I) of such Code and section 204(b)(5)(B)(i)(I) of such Act for the transition period. (2) Transition period For purposes of paragraph (1), the transition period, with respect to any plan, begins on the date that section 411(b)(5)(B)(i)(I) of such Code or section 204(b)(5)(B)(i)(I) of such Act first applied to such plan and ends on the effective date of comprehensive final regulations under such sections prescribed by the Secretary of the Treasury. (d) Ensuring fairness when interest credits are required To be decreased (1) In general In the case of an interest credit (or equivalent amount) under a plan subject to section 411(b)(5)(B)(i)(I) of the Internal Revenue Code of 1986 or section 204(b)(5)(B)(i)(I) of the Employee Retirement Income Security Act of 1974 that is in effect for the last plan year prior to the effective date of comprehensive final regulations under such section of such Code but does not comply with such regulations determined after application of subsection (c), the Secretary of the Treasury shall provide an exception from the requirements of section 411(d)(6) of such Code and section 204(g) of such Act for a reduction in such interest credit (or equivalent amendment) that is made pursuant to such comprehensive final regulations. (2) Exception The exception under paragraph (1) from section 204(g) of such Act and section 411(d)(6) of such Code shall be issued through regulations to ensure the opportunity of interested persons to make comments through a public notice and comment process. Such exception shall permit any interest credit (or equivalent amount) to which this subsection applies to be modified to be the maximum fixed rate of return permitted under section 204(b)(5)(B)(i)(VI) of such Act or section 411(b)(5)(B)(i)(VI) of such Code or to be the maximum rate permitted under any rate of return deemed to be a market rate of return pursuant to section 204(b)(5)(B)(i)(III) of such Act or section 411(b)(5)(B)(i)(III) of such Code. The Secretary of the Treasury shall further structure the exception to ensure that there are clear and simple methods for plans to comply with the requirements of section 204(b)(5)(B)(i)(I) of such Act and section 411(b)(5)(B)(i)(I) of such Code. (e) Protecting participants from plan freezes through appropriate transition rules (1) In general In the case of any defined benefit plan to which this subsection applies, comprehensive regulations under sections 203(f)(1) and 204(b)(5)(B)(i) of the Employee Retirement Income Security Act of 1974 or sections 411(a)(13)(A) and 411(b)(5)(B)(i) of the Internal Revenue Code of 1986 shall not take effect before the first plan year beginning at least 1 year after the later of— (A) the date of publication of such regulations; or (B) the date of publication of the regulations described in subsection (d). (2) Pension equity plans This subsection applies to any defined benefit plan that— (A) is subject to section 204(b)(5) of the Employee Retirement Income Security Act of 1974 or section 411(b)(5) of the Internal Revenue Code of 1986; (B) expresses any portion of any participant’s benefit as a current value equal to an accumulated percentage of the employee’s final average compensation; and (C) in the absence of guidance from the Secretary of the Treasury or the Secretary of Labor, has been structured in a reasonable, good faith manner to comply with the requirements of such Code and such Act with respect to benefits described in subparagraph (B). (3) Period prior to effective date of regulations In the case of a plan to which this subsection applies, no rule shall be issued and no adverse enforcement action shall be taken by the Secretary of the Treasury or the Secretary of Labor with respect to a plan described in paragraph (2) regarding the structure of the benefits described in paragraph (2)(B) for any period prior to the effective date of comprehensive final regulations issued by the Secretary of the Treasury with respect to such benefits. Such final regulations shall not be effective before the first plan year beginning at least 1 year after publication of such regulations. (f) Effective date (1) In general Except as otherwise provided, the amendments and other provisions of this section shall take effect as if included in section 701 of the Pension Protection Act of 2006 ( Public Law 109–280 (2) Hold harmless With respect to any period prior to the effective date of the comprehensive regulations described in subsection (e), no plan shall fail to comply with any requirement of the Employee Retirement Income Security Act of 1974 or of the Internal Revenue Code of 1986 by reason of complying with the law in effect without regard to the amendments made by subsections (a) and (b). 302. Clarification of the normal retirement age (a) Amendments to ERISA Section 204 of the Employee Retirement Income Security Act of 1974 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: (k) Special rule for determining normal retirement age for certain existing defined benefit plans (1) In general For purposes of section 3(24), an applicable plan shall not be treated as failing to meet any requirement of this title, or as failing to have a uniform normal retirement age for purposes of this title, solely because the plan has adopted the normal retirement age described in paragraph (2). (2) Applicable plan For purposes of this subsection— (A) In general The term applicable plan (i) an age otherwise permitted under section 2(24), or (ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. (B) Expanded application If, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall also be treated as an applicable plan with respect to such participants or participating employers. . (b) Amendment to 1986 Code Section 411 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Special rule for determining normal retirement age for certain existing defined benefit plans (1) In general For purposes of subsection (a)(8)(A), an applicable plan shall not be treated as failing to meet any requirement of this subchapter, or as failing to have a uniform normal retirement age for purposes of this subchapter, solely because the plan has adopted the normal retirement age described in paragraph (2). (2) Applicable plan For purposes of this subsection— (A) In general The term applicable plan (i) an age otherwise permitted under subsection (a)(8)(A), or (ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. (B) Expanded application If, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall also be treated as an applicable plan with respect to such participants or participating employers. . 303. Moratorium on imposition of shutdown liability (a) In general The Pension Benefit Guaranty Corporation shall not bring any new action against a plan sponsor to enforce subsection (e) of section 4062 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1362 (b) Study The Comptroller General of the United States shall study the effectiveness, fairness, and utility of section 4062(e) of the Employee Retirement Income Security Act (29 U.S.C. 1101 et seq.). No later than January 30, 2015, the Comptroller General shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives summarizing its findings and including recommendations for alternative ways to protect retirees and the Pension Benefit Guaranty Corporation from cessations of operations while encouraging employers to both continue to offer defined benefit pension plans and to restructure as may be necessary to ensure the ongoing viability of the business. 304. Alternative funding target attainment percentage determined without regard to reduction for credit balances (a) Amendments to ERISA Section 206(g) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g) (1) in paragraph (5), by striking subparagraph (C); and (2) in paragraph (9)— (A) in subparagraph (B)— (i) by striking the period at the end and inserting ; and (ii) by striking under subparagraph (A) by increasing under subparagraph (A)— (i) by increasing ; and (iii) by adding at the end the following: (ii) without regard to the reduction under section 303(f)(4)(B). ; and (B) by striking subparagraphs (C) and (D). (b) Amendments to 1986 Code Section 436 (1) in subsection (f), by striking paragraph (3); and (2) in subsection (j)— (A) in paragraph (2)— (i) by striking the period at the end and inserting , and (ii) by striking under paragraph (1) by increasing under subparagraph (A)— (A) by increasing ; and (iii) by adding at the end the following: (B) without regard to the reduction under section 430(f)(4)(B). ; and (B) by striking the first and second paragraph (3). (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 305. Method for determining changes for quarterly contributions (a) Amendment to ERISA Section 303(j)(3)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(j)(3)(A)) is amended by inserting (determined without regard to the reduction under subsection (f)(4)(B)) preceding plan year (b) Amendment to 1986 Code Section 430(j)(3) (determined without regard to the reduction under subsection (f)(4)(B)) preceding plan year (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 306. Election to discount contributions from final due date (a) Amendment to ERISA Section 303(j)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1083(j)(2) For purposes of this paragraph, a plan sponsor may elect to treat all payments made after the valuation date as having been made on the last day permissible under paragraph (1). (b) Amendment to 1986 Code Section 430(j)(2) For purposes of this paragraph, a plan sponsor may elect to treat all payments made after the valuation date as having been made on the last day permissible under paragraph (1). (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 307. Simplification of elections and notices (a) Amendments to ERISA (1) Timeliness of elections Section 303 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1083 (m) Timeliness of elections An election required to be made by the plan sponsor under this section, including an election made under rules prescribed by the Secretary of the Treasury to implement this section, shall be deemed to have been timely made if the election is made on or before the due date specified in subsection (j)(1) or, if later, the due date of the actuarial report required under section 103(d). . (2) Time for providing notice Section 101(f)(3)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(f)(3)(B)) is amended— (A) in the heading, by striking for small plans (B) by inserting a plan with an adjusted funding target attainment percentage of more than 80 percent for the prior year or In the case of (C) by striking (as such term is used under section 303(g)(2)(B)) (D) by striking upon not later than 2 months after (b) Amendment to 1986 Code Section 430 (m) Timeliness of elections An election required to be made by the plan sponsor under this section, including an election made under rules prescribed by the Secretary to implement this section, shall be deemed to have been timely made if the election is made on or before the due date specified in subsection (j)(1) or, if later, the due date of the actuarial report required under section 6059. . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 308. Improved multiemployer plan disclosure (a) Disclosure and reporting by multiemployer plans (1) Plan funding notices Section 101(f) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021(f) (A) in paragraph (2)(B)— (i) by striking clause (v); (ii) by redesignating clauses (vi) through (x) as clauses (v) through (ix), respectively; (iii) in clause (vi), as so redesignated— (I) by striking (I) in the case of in the case of (II) by striking , or (III) by striking subclause (II); and (iv) by amending clause (vii), as so redesignated, to read as follows: (vii) (I) in the case of a single-employer plan, a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation, and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply, and (II) in the case of a multiemployer plan, a statement that eligible benefits are guaranteed by the Pension Benefit Guaranty Corporation, and a statement of how to obtain both a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply, ; and (B) in paragraph (4)(C)— (i) by striking (C) may be provided (C)(i) subject to clause (ii), may be provided (ii) by striking the period and inserting the following: (ii) in the case of such a notice provided to the Pension Benefit Guaranty Corporation, shall be in an electronic format in such manner prescribed in regulations of such Corporation. . (2) Disclosures by plans regarding status (A) Amendments to ERISA Section 305(b)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(b)(3) (i) in the paragraph heading, by striking by plan actuary and report (ii) by amending subparagraph (A) to read as follows: (A) In general Not later than the 90th day of each plan year of a multiemployer plan, the plan sponsor shall file, in accordance with regulations prescribed by the ERISA agencies, a report that contains— (i) documentation from the plan actuary certifying to the ERISA agencies and to the plan sponsor— (I) whether or not the plan is in endangered status for such plan year and whether or not the plan is or will be in critical status for such plan year or any of the 5 succeeding plan years, (II) in the case of a plan which is in a funding improvement or rehabilitation period, whether or not the plan is making the scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan and, if not, a summary of the primary reasons the plan is not making the scheduled progress, (III) the funded percentage of the plan determined as of the first day of the current plan year and the value of assets and liabilities used to calculate such funded percentage, (IV) a projection of the funding standard account on a year-by-year basis for the current plan year and the nine succeeding plan years and a statement of the actuarial assumptions for such projections, and (V) (aa) subject to item (bb), a projection of the cash flow of the plan and actuarial assumptions for the current plan year and six succeeding plan years, and (bb) in the case in which it is certified that a multiemployer plan is or will be in endangered or critical status for a plan year, the projection of the cash flow of the plan and actuarial assumptions for the current year and ten succeeding plan years, (ii) as of the last day of the prior plan year, a good faith determination of— (I) the fair market value of the assets of the plan, (II) the number of participants who are— (aa) retired or separated from service and are receiving benefits, (bb) retired or separated participants entitled to future benefits, and (cc) active participants under the plan, (III) the total value of all benefits paid during the prior plan year, (IV) the total value of all contributions made to the plan during the prior plan year, and (V) the total value of all investment gains or losses during the prior plan year, (iii) a description of any material changes during the previous plan year to the rates at which participants accrue benefits or the rate at which employers contribute, (iv) a copy of any funding improvement plan, rehabilitation plan, and any update thereto or modification thereof, that was adopted under this section prior to the filing of the report for the current plan year in accordance with this subparagraph and, if applicable, after the filing of the report required by this subparagraph for the prior plan year, (v) in the case of any plan amendment, scheduled benefit increase or reduction, or other known event taking effect in the current plan year and having a material effect on plan liabilities or assets for the year (as defined in regulations by the ERISA agencies), an explanation of the amendment, scheduled increase or reduction, or event, and a projection to the end of such plan year of the effect of the amendment, scheduled increase or reduction, or event on plan liabilities, (vi) in the case of a multiemployer plan certified to be in critical status for which the plan sponsor has determined that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to emerge from critical status by the end of the rehabilitation period, a description of all reasonable measures, whether or not such measures were implemented, and a summary of the consideration of such measures, (vii) a good faith statement describing— (I) the withdrawal of any employer during the prior plan year and the percentage of total contributions made by that employer during the prior plan year, (II) any material reduction in total contributions or withdrawal liability payments of any employers and the reason for such reduction, (III) any significant reduction in the number of active plan participants and the reason for such reduction, and (IV) the annual withdrawal liability payment each employer is obligated to pay to the plan for the plan year, whether that amount was collected by the plan (and if not, the amount that was collected), and the remaining years on the employer's obligation to make withdrawal liability payments, and (viii) such other information as may be required by the ERISA agencies by regulation. ; (iii) by striking subparagraph (C) and inserting the following: (C) Form and manner The report required by subparagraph (A) shall be filed electronically in accordance with regulations prescribed by the ERISA agencies. ; and (iv) in subparagraph (D)— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (II) by inserting after clause (i) the following: (ii) Plans in endangered or critical status If it is certified under subparagraph (A) that a multiemployer plan is or will be in endangered or critical status, the plan sponsor shall include in the notice under clause (i)— (I) a statement describing how a person may obtain a copy of the plan's funding improvement or rehabilitation plan, as appropriate, adopted under this section and the actuarial and financial data that demonstrate any action taken by the plan toward fiscal improvement, (II) a summary of any funding improvement plan, rehabilitation plan, and any update thereto or modification thereof, adopted under this section prior to the furnishing of such notice, (III) a summary of the rules governing reorganization or insolvency, including the limitations on benefit payments, and (IV) a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply. ; (III) in clause (iv), as so redesignated— (aa) by striking The Secretary of the Treasury, in consultation with the Secretary The ERISA agencies (bb) by striking clause (ii) clauses (ii) and (iii) (IV) by adding at the end the following: (E) Designation and coordination The ERISA agencies shall— (i) designate one ERISA agency to receive the report described in subparagraph (A) on behalf of all the ERISA agencies, which shall each have full access to such report; and (ii) consult with each other and develop rules, regulations, practices, and forms, which to the extent appropriate for the efficient administration of the provisions of this paragraph are designed to replace duplication of effort, duplication of reporting, conflicting or overlapping requirements, and the burden of compliance with such provisions by plan administrators and plan sponsors. (F) ERISA agencies In this paragraph, the term ERISA agencies . (B) Amendments to 1986 Code Section 432(b)(3) of the Internal Revenue Code of 1986 is amended— (i) in the paragraph heading, by striking by plan actuary and report (ii) by amending subparagraph (A) to read as follows: (A) In general Not later than the 90th day of each plan year of a multiemployer plan, the plan sponsor shall file, in accordance with regulations prescribed by the ERISA agencies, a report that contains— (i) documentation from the plan actuary certifying to the ERISA agencies and to the plan sponsor— (I) whether or not the plan is in endangered status for such plan year and whether or not the plan is or will be in critical status for such plan year or any of the 5 succeeding plan years, (II) in the case of a plan which is in a funding improvement or rehabilitation period, whether or not the plan is making the scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan and, if not, a summary of the primary reasons the plan is not making the scheduled progress, (III) the funded percentage of the plan determined as of the first day of the current plan year and the value of assets and liabilities used to calculate such funded percentage, (IV) a projection of the funding standard account on a year-by-year basis for the current plan year and the nine succeeding plan years and a statement of the actuarial assumptions for such projections, and (V) (aa) subject to item (bb), a projection of the cash flow of the plan and actuarial assumptions for the current plan year and six succeeding plan years, and (bb) in the case in which it is certified that a multiemployer plan is or will be in endangered or critical status for a plan year, the projection of the cash flow of the plan and actuarial assumptions for the current year and ten succeeding plan years, (ii) as of the last day of the prior plan year, a good faith determination of— (I) the fair market value of the assets of the plan, (II) the number of participants who are— (aa) retired or separated from service and are receiving benefits, (bb) retired or separated participants entitled to future benefits, and (cc) active participants under the plan, (III) the total value of all benefits paid during the prior plan year, (IV) the total value of all contributions made to the plan during the prior plan year, and (V) the total value of all investment gains or losses during the prior plan year, (iii) a description of any material changes during the previous plan year to the rates at which participants accrue benefits or the rate at which employers contribute, (iv) a copy of any funding improvement plan, rehabilitation plan, and any update thereto or modification thereof, that was adopted under this section prior to the filing of the report for the current plan year in accordance with this subparagraph and, if applicable, after the filing of the report required by this subparagraph for the prior plan year, (v) in the case of any plan amendment, scheduled benefit increase or reduction, or other known event taking effect in the current plan year and having a material effect on plan liabilities or assets for the year (as defined in regulations by the ERISA agencies), an explanation of the amendment, scheduled increase or reduction, or event, and a projection to the end of such plan year of the effect of the amendment, scheduled increase or reduction, or event on plan liabilities, (vi) in the case of a multiemployer plan certified to be in critical status for which the plan sponsor has determined that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to emerge from critical status by the end of the rehabilitation period, a description of all reasonable measures, whether or not such measures were implemented, and a summary of the consideration of such measures, (vii) a good faith statement describing— (I) the withdrawal of any employer during the prior plan year and the percentage of total contributions made by that employer during the prior plan year, (II) any material reduction in total contributions or withdrawal liability payments of any employers and the reason for such reduction, (III) any significant reduction in the number of active plan participants and the reason for such reduction, and (IV) the annual withdrawal liability payment each employer is obligated to pay to the plan for the plan year, whether that amount was collected by the plan (and if not, the amount that was collected), and the remaining years on the employer's obligation to make withdrawal liability payments, and (viii) such other information as may be required by the ERISA agencies by regulation. ; (iii) by striking subparagraph (C) and inserting the following: (C) Form and manner The report required by subparagraph (A) shall be filed electronically in accordance with regulations prescribed by the ERISA agencies. ; (iv) in subparagraph (D)— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (II) by inserting after clause (i) the following: (ii) Plans in endangered or critical status If it is certified under subparagraph (A) that a multiemployer plan is or will be in endangered or critical status, the plan sponsor shall include in the notice under clause (i)— (I) a statement describing how a person may obtain a copy of the plan's funding improvement or rehabilitation plan, as appropriate, adopted under this section and the actuarial and financial data that demonstrate any action taken by the plan toward fiscal improvement, (II) a summary of any funding improvement plan, rehabilitation plan, and any update thereto or modification thereof, adopted under this section prior to the furnishing of such notice, (III) a summary of the rules governing reorganization or insolvency, including the limitations on benefit payments, and (IV) a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply. ; and (III) in clause (iv), as so redesignated— (aa) by striking The Secretary, in consultation with the Secretary of Labor The ERISA agencies (bb) by striking clause (ii) clauses (ii) and (iii) (v) by adding at the end the following: (E) Designation and coordination The ERISA agencies shall— (i) designate one ERISA agency to receive the report described in subparagraph (A) on behalf of all the ERISA agencies, which shall each have full access to such report; and (ii) consult with each other and develop rules, regulations, practices, and forms, which to the extent appropriate for the efficient administration of the provisions of this paragraph are designed to replace duplication of effort, duplication of reporting, conflicting or overlapping requirements, and the burden of compliance with such provisions by plan administrators and plan sponsors. (F) ERISA agencies In this paragraph, the term ERISA agencies . (C) Disclosures by plans regarding status Section 4003 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1303 (i) in the section heading, by inserting ; Multiemployer Plan Information Actions (ii) by adding at the end the following: (g) The corporation is authorized to require such information as it deems necessary to investigate or review any facts, conditions, or other matters related to the actuarial certification and report by multiemployer plans under section 305(b)(3)(A), or to obtain such information as any duly authorized committee or subcommittee of the Congress may request with respect to such plans. The preceding sentence shall be considered a statute described in section 552(b)(3) of title 5, United States Code, and the information received pursuant to such sentence shall be exempt from disclosure under such section 552(b). . (3) Civil enforcement (A) In general Section 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 (i) in paragraph (7)— (I) by striking (7) The Secretary (7)(A) The Secretary (II) by adding at the end the following: (B) The Secretary may assess a civil penalty against a plan administrator (or plan sponsor with respect to the notice of endangered or critical status) of up to $110 per day from the date of the plan administrator’s or sponsor’s failure or refusal to provide the relevant notices under section 101(f) or section 305(b)(3)(D) to a recipient other than the Secretary or the Pension Benefit Guaranty Corporation. For purposes of this paragraph, each violation with respect to any single recipient shall be treated as a separate violation. ; (ii) by redesignating the second paragraph (10) (regarding coordinating enforcement under section 502(c) of such Act with enforcement under section 1144(c)(8) of the Social Security Act) as paragraph (12); and (iii) by inserting after paragraph (10) (regarding enforcement authority relating to use of genetic information) the following: (11) (A) The Secretary may assess a civil penalty against any plan sponsor of up to $1,100 per day from the date of the plan sponsor’s failure to file with the Secretary the notice required under section 305(b)(3)(D) or with the Pension Benefit Guaranty Corporation the notice required under section 101(f). (B) The Secretary may assess a civil penalty against any plan sponsor of up to $1,100 per day from the date of the plan sponsor’s failure to file with the ERISA agency designated in accordance with subparagraph (E) of section 305(b)(3) the report under subparagraph (A) of such section. . (B) Conforming amendment Section 502(a)(6) of such Act is amended by striking or (9) (9), (10), or (11) (b) Coordination with respect to multiemployer plans (1) In general Subtitle A of title III of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1201 et seq.) is amended by adding at the end the following: 3005. Database of multiemployer plan information (a) In general The Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation shall jointly establish an electronic database that contains the following information: (1) Each defined benefit plan funding notice submitted to the Pension Benefit Guaranty Corporation by a multiemployer plan under section 101(f). (2) Each report submitted by a multiemployer plan under section 305(b)(3)(A). (3) Each notice submitted to the Secretary of Labor and the Pension Benefit Guaranty Corporation by a multiemployer plan under section 305(b)(3)(D). (b) Shared access to database Subject to the agreement described in subsection (c), the Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation shall have full access to the data in the database established under subsection (a). To avoid unnecessary expense and duplication of functions among the agencies, the Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation may make such arrangements and agreements for cooperation or mutual assistance with respect to access to and utilization of the data in the database. (c) Shared cost of database The Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation shall execute a cost sharing agreement to equitably allocate the design, implementation, and maintenance costs of the database established under subsection (a). (d) Exemption The information contained in the report described under subsection (a)(2) shall be exempt from disclosure under section 552(b) section 552 . (2) Clerical amendment The table of sections for subtitle A of title III of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new item: 3005. Database of multiemployer plan information. . (c) Applicability This section (and the amendments made by this section) shall apply to plan years beginning after the date that is 1 year after the date of enactment of this Act. B Improvements to the pension insurance program 311. Modifications of technical changes made by the Pension Protection Act of 2006 to termination liability (a) In general Section 4062(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1362(c) (1) the aggregate unpaid minimum required contributions (within the meaning of section 4971(c)(4) of the Internal Revenue Code of 1986) of the plan (if any) for the plan year in which the termination date occurs and for all preceding plan years, including, for purposes of this paragraph, the amount of any increase in such aggregate unpaid minimum required contributions that would result if— (A) all pending applications for waivers of the minimum funding standard under section 302(c) of this Act and section 412(c) of such Code with respect to such plan were denied, and (B) no additional contributions (other than those already made by the termination date) were made for the plan year in which the termination date occurs or for any previous plan year, and (2) the unamortized portion (if any) of any amounts waived for the plan under section 302(c) of this Act and section 412(c) of such Code for— (A) the plan year in which the termination date occurs, and (B) all preceding plan years, . (b) Effective date The amendments made by this section shall take effect as if included in section 107 of the Pension Protection Act of 2006 ( Public Law 109–280 312. Payment of lump sum distributions in bankruptcy (a) Amendments to ERISA The second sentence of section 206(g)(3)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g)(3) The preceding sentence shall not apply on or after the date on which the enrolled actuary of the plan certifies that the adjusted funding target attainment percentage of such plan (determined by not taking into account any adjustment of segment rates under section 303(h)(2)(C)(iv)) is not less than 100 percent. (b) Amendments to 1986 Code The second sentence of section 436(d)(2) The preceding sentence shall not apply on or after the date on which the enrolled actuary of the plan certifies that the adjusted funding target attainment percentage of such plan (determined by not taking into account any adjustment of segment rates under section 430(h)(2)(C)(iv)) is not less than 100 percent. (c) Effective date The amendments made by this section shall take effect as of July 6, 2012. 313. Trusteeship clarifications (a) Appointment of trustees in plan termination instituted by PBGC (1) In general Subsections (a) and (b) of section 4002 ( 29 U.S.C. 1342 (a) Authority To institute proceedings To terminate a plan (1) In general The corporation may institute proceedings under this section to terminate a plan whenever it determines that the plan must be terminated in order to protect the interests of the participants or to avoid any unreasonable deterioration of the financial condition of the plan or any unreasonable increase in the liability of the corporation, as shown by one or more of the following conditions: (A) The plan has not met the minimum funding standard required under section 412 of the Internal Revenue Code of 1986, or has been notified by the Secretary of the Treasury that a notice of deficiency under section 6212 of such Code has been mailed with respect to the tax imposed under section 4971(a) of such Code. (B) The plan will be unable to pay benefits when due. (C) The reportable event described in section 4043(c)(7) has occurred. (D) The possible long-run loss of the corporation with respect to the plan may reasonably be expected to increase unreasonably if the plan is not terminated. (2) Requirement The corporation shall, as soon as practicable, institute proceedings under this section to terminate a single-employer plan whenever the corporation determines that the plan does not have assets available to pay benefits which are currently due under the terms of the plan. Notwithstanding any other provision of this subchapter, the corporation shall, to the extent practicable, pool assets of terminated plans for purposes of administration, investment, payment of liabilities of all such terminated plans, and such other purposes as the corporation determines to be appropriate in the administration of this title. (b) Appointment of the Corporation To Administer Plan (1) In general Whenever the corporation makes a determination under subsection (a) with respect to a plan or is required under subsection (a) to institute proceedings under this section, the corporation may, upon notice to the plan, apply to the appropriate United States district court to appoint the corporation as the person to administer the plan with respect to which the determination is made pending the issuance of a decree under subsection (c) ordering the termination of the plan. If, within 3 business days after the filing of an application under this subsection (or such other period as the court may order), the administrator of the plan consents to the appointment of the corporation to administer the plan, or fails to show why the corporation should not be so appointed, the court may grant the application and appoint the corporation to administer the plan in accordance with its terms until the corporation determines that the plan should be terminated or that termination is unnecessary. (2) Appointment Notwithstanding any other provision of this title— (A) upon the petition of a plan administrator or the corporation, the appropriate United States district court may appoint the corporation to administer the plan in accordance with the provisions of this section if the interests of the plan participants would be better served by such appointment, and (B) upon the petition of the corporation, the appropriate United States district court shall appoint a trustee proposed by the corporation for a multiemployer plan which is in reorganization to which section 4041A(d) applies, unless such appointment would be adverse to the interests of the plan participants and beneficiaries in the aggregate. (3) Agreement to appointment The corporation and plan administrator may agree to the appointment of the corporation to administer the plan without proceeding in accordance with the requirements of paragraphs (1) and (2). . (2) Conforming amendments (A) Subsection (c) of such section 4042 is amended— (i) by striking (c)(1) (c) Decree enforcing determination that plan must be terminated (1) Court decree (A) Application If the corporation is required under subsection (a) to commence proceedings under this section with respect to a plan or, after issuing a notice under this section to a plan administrator, has determined that the plan should be terminated, the corporation may, upon notice to the plan administrator, apply to the appropriate United States district court for a decree enforcing the corporation's determination that the plan be terminated. (B) Decree (i) In general The district court shall issue the decree under subparagraph (A) unless such court finds, upon review of the administrative record of the corporation’s determination under subsection (a), that such determination was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (ii) Effect of decree Upon granting a decree for which the corporation has applied under this subsection, the court shall authorize the corporation if appointed under subsection (b) (or appoint the corporation if such corporation has not been appointed under such subsection and authorize the corporation) to terminate the plan in accordance with the provisions of this subtitle. (C) Waiver of application If the corporation and the plan administrator agree that a plan should be terminated and agree to the appointment of the corporation to carry out the termination of the plan without proceeding in accordance with the requirements of this subsection (other than this subparagraph), the corporation shall have the power described in subsection (d)(1) and shall be subject to the duties described in subsection (d)(3) and any other duties imposed on the corporation under any other provision of law or by agreement between the corporation and the plan administrator. ; and (ii) in paragraph (2), by striking (2) In the case of (2) Providing of information (B) Subsection (d) of such section 4042 is amended— (i) in paragraph (1)(A)— (I) by striking A trustee appointed under subsection (b) If the corporation is appointed to administer a plan under subsection (b), the corporation (II) in clause (ii), by striking himself as trustee the corporation (III) in clause (iii), by striking he the corporation (IV) in clause (iv), by striking his appointment the appointment of the corporation (V) in clause (vi), by striking he the corporation (VI) in clause (vii), by striking trustee corporation (VII) by striking the flush language after clause (vii) and inserting the following: If the court to which application is made under subsection (c) dismisses the application with prejudice, or if the corporation fails to apply for a decree under subsection (c), within 30 days after the date on which the corporation is appointed under subsection (b), the corporation shall transfer all assets and records of the plan held by such corporation to the plan administrator not later than 3 business days after such dismissal or the expiration of such 30-day period, and shall not be liable to the plan or any other person for the acts of the corporation in administering the plan except for willful misconduct or gross negligence. The 30-day period described in the preceding sentence may be extended as provided by agreement between the plan administrator and the corporation or by court order. ; (ii) in paragraph (1)(B)— (I) in the matter preceding clause (i), by striking trustee corporation (II) by striking clauses (iii) and (v); (III) by redesignating clause (iv) as clause (iii); and (IV) by redesignating clauses (vi) through (viii) as clauses (iv) through (vi), respectively; (iii) in paragraph (2)— (I) in the matter preceding subparagraph (A) by striking his appointment, the trustee the appointment of the corporation to administer the plan, the corporation (II) in subparagraph (D) by striking section (iv) by striking paragraph (3) and inserting the following: (3) Except to the extent inconsistent with the provisions of this Act, the corporation, as appointed under this section, shall be subject to the same duties as those of a trustee under section 704 (4) When appointed under subsection (b) to administer a plan or granted a decree to terminate a plan under subsection (c), the corporation shall, within 30 days of the receipt of a written request from any participant or beneficiary of the plan (or as soon as practicable thereafter), furnish a copy of the plan document, summary plan description, and other instruments under which the plan is established or operated that relate to the participant’s or beneficiary’s benefit under the plan. The corporation may charge a reasonable fee to cover the cost of furnishing complete copies. . (C) Subsection (f) of such section 4042 is amended to read as follows: (f) Upon the filing of an application for the appointment of the corporation to administer a plan or the issuance of a decree under this section, the court to which an application is made shall have exclusive jurisdiction of the plan involved and property of the plan, wherever located, with the powers, to the extent consistent with the purposes of this section, of a court of the United States having jurisdiction over cases under chapter 11 . (D) Such section 4042 is amended by striking subsection (h). (b) Other conforming and technical amendments (1) Section 4002(h)(1) of such Act ( 29 U.S.C. 1302(h)(1) (A) in the first sentence— (i) in subparagraph (A), by striking the appointment of trustees in termination proceedings the appointment of the corporation to administer or carry out a termination of a plan under section 4042 (ii) in subparagraph (C), by striking under a trustee under the corporation (B) in the second sentence— (i) by striking recommend persons for appointment as trustees in termination proceedings, (ii) by striking the comma after funds (iii) by striking under a trustee under the corporation (2) Section 4003 of such Act ( 29 U.S.C. 1303 (A) in subsection (e)(6)(B), by amending clause (ii) to read as follows: (ii) If the corporation brings the action on behalf of a plan that the corporation was appointed to administer or terminate under section 4042, the applicable date specified in this subparagraph is the date on which the corporation was so appointed if such date is later than the date described in clause (i). ; and (B) in subsection (f)(4), by striking the corporation in its capacity as a trustee under section 4042 or 4049 the corporation in its capacity as a trustee under section 4049 or in its capacity in administering a plan pursuant to its appointment under section 4042(b) or carrying out the termination of a plan pursuant to its appointment under section 4042(c) (3) Section 4004(b) of such Act ( 29 U.S.C. 1304(b) (A) in paragraph (1), by striking pension plans trusteed by the corporation pension plans for which the corporation has been appointed under section 4042 to carry out their termination (B) in paragraph (2), by striking plans trusteed by the corporation plans for which the corporation has been appointed under section 4042 to carry out their termination (4) Section 4005(b)(1)(B) of such Act (29 U.S.C. 1305(b)(1)(B)) is amended by striking a plan administered under section 4042 by a trustee a plan that the corporation has been appointed to terminate under section 4042 (5) Section 4007(a) of such Act ( 29 U.S.C. 1307(a) a trustee the corporation (6) Section 4044 of such Act ( 29 U.S.C. 1344 (A) in subsection (c), by striking the date a trustee is appointed under section 4042(b) the date the corporation is appointed under section 4042(b) to administer the plan (B) in subsection (f)— (i) in paragraph (2)(C)(ii), by striking the trustee appointed under section 4042(b) or (c) the corporation, for the account of the plan (ii) in paragraph (3), by amending subparagraph (B) to read as follows: (B) the amount of any liability to the corporation under section 4062(b) or (c). . (7) Section 4045 of such Act ( 29 U.S.C. 1345 trustee corporation (8) (A) Section 4046 of such Act ( 29 U.S.C. 1346 (B) The table of sections for subtitle C of title IV of such Act is amended by striking the item relating to section 4046. (9) Section 4048 of such Act ( 29 U.S.C. 1348 (A) in subsection (a)(4), by striking (or the trustee) (B) in subsection (b)(2), by striking (or the trustee appointed under section 4042(b)(2), if any) (10) Section 4050(a)(2) of such Act ( 29 U.S.C. 1350(a)(2) to the corporation as trustee, and shall be held with assets of terminated plans for which the corporation is trustee under section 4042 to the corporation, as appointed under section 4042 to carry out the termination of a plan, and shall be held with assets of terminated plans that the corporation has been appointed to terminate under section 4042 (11) Section 4062 of such Act ( 29 U.S.C. 1362 (A) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) liability to the corporation, for the account of the corporation, to the extent provided in subsection (b), and (2) liability to the corporation, for the account of the plan, to the extent provided in subsection (c). ; (B) in the heading of subsection (b), by inserting for its own account corporation (C) in subsection (c)— (i) in the heading, by striking section 4042 trustee the Corporation for the Account of the Plan (ii) in the matter preceding paragraph (1), by striking the trustee appointed under subsection (b) or (c) of section 4042 the corporation, for the account of the plan, as appointed under section 4042 to carry out the termination of the plan 314. Recordkeeping for terminating plans (a) Single-Employer plan benefits guaranteed Section 4022 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322 (i) Recordkeeping The Corporation may issue regulations to require plan sponsors or plan administrators to maintain records necessary to enable the to determine benefits as of the termination date. Such regulations may require plan sponsors or plan administrators to certify to the corporation that such records are being maintained. . (b) Allocation of assets Section 4044 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1344 (g) Recordkeeping The Corporation may issue regulations to require plan sponsors or plan administrators to maintain records necessary to enable the Corporation to determine benefits as of the termination date. Such regulations may require plan sponsors or plan administrators to certify to the corporation that such records are being maintained. . 315. Termination date in bankruptcy Sections 4022(g) and 4044(e) of the Employee Retirement Income Security Act of 1974, as added by section 404 of the Pension Protection Act of 2006 ( Public Law 109–280 IV Other systemic reforms 401. Plan audit quality improvement (a) Annual reports Section 103(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023(a)(3) (1) in subparagraph (A), by striking in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Such examination shall be conducted in accordance with generally accepted auditing standards, and shall involve such tests of the books and records of the plan as are considered necessary by the independent qualified public accountant. in conformity with generally accepted accounting principles, as superseded or modified by the Secretary in regulations, applied on a basis consistent with that of the preceding year. Such examination shall be conducted in accordance with generally accepted auditing standards, except as superseded or modified by the Secretary in regulations, and shall involve such tests of the books and records of the plan as are considered necessary by the independent qualified public accountant. (2) by adding at the end the following: (E) Persons described in subparagraphs (i) through (iii) of subparagraph (D) shall be subject to such additional standards regarding conflicts of interest, qualifications, and direct reporting of certain events such as fraud and other irregularities as the Secretary may prescribe in regulations. . (b) Civil enforcement Section 502(c)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c)(2) If the Secretary rejects an annual report in whole or in part due to the failure to comply with a requirement of section 103 imposed on an accountant, actuary, or other person, the Secretary may assess all or part of the civil penalty against such person. The Secretary may require remediation in place of assessing all or part of a penalty. (c) Debarment for deficient audits or for failing To meet qualification standards (1) In general Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following: 522. Debarment for deficient audits or for failing to meet qualification standards (a) In general If the Secretary finds, after notice and opportunity for a hearing, that an accountant or accounting firm has engaged in any act or practice, or failed to act, in violation of section 103 relating to the preparation and issuance of audit reports, or with professional standards, the Secretary may issue an order to bar an accountant or accounting firm (or division or component of such firm), on a temporary or permanent basis, from directly or indirectly engaging in specified activities relating to performing or supervising plan audits required under section 103. (b) Hearings The subject of a debarment order may request a hearing and file an answer not later than 30 days after the date of service of the notice of the debarment order, in accordance with regulations prescribed by the Secretary. Failure to request a hearing within such 30-day period shall constitute a waiver of the right to appear and contest the facts alleged in the debarment order and an admission of the facts alleged in the order for purposes of any related proceedings under this part. Such order shall then become a final agency action under section 704 of title 5, United States Code. (c) Modification or termination of orders The Secretary may modify or terminate an order issued under this section, upon the request of the subject of the order and pursuant to procedures established by the Secretary, if the Secretary determines that such modification or termination is in the interest of plan participants and beneficiaries. (d) Publicity of orders The Secretary shall make all final orders under this section (including modified orders) public and shall notify applicable State regulatory organizations upon the issuance of such final orders (including modified orders). (e) Jurisdiction Lawsuits by the subject of an order to review the final order of the Secretary may be brought only in the district court of the United States for the district where the subject of the order has its principal office or in the United States District Court for the District of Columbia. (f) Regulations The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this section. . (2) Clerical amendment The table of sections for part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new item: 522. Debarment for deficient audits or for failing to meet qualification standards. . (d) Exception (1) In general Section 103(a)(3)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)(C)) is amended by striking if such statements are certified by the bank, similar institution, or insurance carrier as accurate and are made part of the annual report. except to the extent required under regulations promulgated by the Secretary. (2) Effective date The amendment made by paragraph (1) shall not become effective until the Secretary has promulgated final regulations with respect to such amendment. 402. Special rules relating to treatment of qualified domestic relations orders (a) Preservation of Assets (1) Amendments to ERISA Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(d)(3) (A) by redesignating subparagraph (N) as subparagraph (O); and (B) by inserting after subparagraph (M) the following: (N) Preservation of assets (i) In general If a spouse or former spouse of a participant— (I) notifies a plan in writing that— (aa) an action is pending pursuant to a State domestic relations law (including a community property law), and (bb) all or a portion of the benefits payable with respect to the participant under the plan are a subject of such action, and (II) includes with the notice evidence of the pendency of the action, the plan administrator shall, during the segregation period, separately account for 50 percent of such benefits. Any amounts so separately accounted for may not be distributed by the plan during the segregation period. (ii) Segregation period (I) In general For purposes of clause (i), the term segregation period (aa) beginning on the date of receipt by the plan of the notice under clause (i), and (bb) ending on the earlier of— (AA) 90 days after the date of receipt of such notice, or (BB) the date of receipt of a domestic relations order with respect to the participant and the prospective alternate payee or the date on which the action is no longer pending. (II) Extension of segregation period The segregation period shall be extended for 1 or more additional periods described in subclause (I) upon notice by the spouse or former spouse that the action described in clause (i)(I)(aa) is still pending as of the close of any prior segregation period. . (2) Amendments to 1986 code Section 414(p) (A) by redesignating paragraph (13) as paragraph (14); and (B) by inserting after paragraph (12) the following: (13) Preservation of assets (A) In general If a spouse or former spouse of a participant— (i) notifies a plan in writing that— (I) an action is pending pursuant to a State domestic relations law (including a community property law), and (II) all or a portion of the benefits payable with respect to the participant under the plan are a subject of such action, and (ii) includes with the notice evidence of the pendency of the action, the plan administrator shall, during the segregation period, separately account for 50 percent of such benefits. Any amounts so separately accounted for may not be distributed by the plan during the segregation period. . (B) Segregation period (i) In general For purposes of subparagraph (A), the term segregation period (I) beginning on the date of receipt by the plan of the notice under clause (i), and (II) ending on the earlier of— (aa) 90 days after the date of receipt of such notice, or (bb) the date of receipt of a domestic relations order with respect to the participant and the prospective alternate payee or the date on which the action is no longer pending. (ii) Extension of segregation period The segregation period shall be extended for 1 or more additional periods described in clause (i) upon notice by the spouse or former spouse that the action described in subparagraph (A)(i)(I) is still pending as of the close of any prior segregation period. . (b) Penalty for failure To provide information regarding alternate payees (1) In general Section 502(c), as amended by section 312, of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c) (A) by redesignating paragraphs (8), (9), (10), (11), and (12) as paragraphs (9), (10), (11), (12), and (13) respectively; and (B) by inserting after paragraph (7) the following: (8) Failure to provide information regarding alternate payees The plan administrator shall provide information regarding the benefit to prospective alternative payees under a domestic relations order under section 206(d)(3) or any representative of a prospective alternative payee in connection with such an order. The Secretary may assess a civil penalty against any plan administrator of up to $100 a day from the date of the plan administrator's failure or refusal to provide such information. . (2) Conforming amendment Section 502(a)(6) of such Act ( 29 U.S.C. 1132(a)(6) or (11) (11), or (12) (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 403. Correction to bonding requirement Section 412(a)(3)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1112(a)(3)(D)) is amended by striking Paragraph (2) This paragraph 404. Retaliation protections Section 510 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1140 , has filed or made any oral or written complaint (including to a fiduciary, an employer, or the Secretary), given information

USA Retirement Funds Act

Medicaid and CHIP Continuous Quality Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a state Medicaid plan to provide 12-month continuous enrollment for an eligible individual, regardless of age. Directs the Secretary of Health and Human Services (HHS) to: (1) identify methods that promote the retention of individuals who are enrolled under the state plan and remain eligible for medical assistance beyond the 12-month period, (2) actively promote the adoption of such enrollment retention methods by states, (3) publish the procedures that states are expected to use to provide annual enrollment and retention reports, and (4) publish annually enrollment and retention performance results for all states. Amends SSA title XXI (State Children's Health Insurance) (CHIP) to: (1) require a state CHIP plan also to provide 12-month continuous enrollment for an eligible individual, (2) prohibit eligibility standards from applying a waiting period for a targeted low-income child (including a child provided dental-only supplemental coverage), and (3) extend the authorization of CHIP performance bonuses through FY2015. Amends SSA title XIX to allow a state to qualify for performance bonuses for the enrollment and retention in Medicaid of certain low-income individuals. Requires a state to develop and implement a quality assessment and improvement strategy if it provides contracts with comparable primary care case management services providers as well as health care services furnished in fee-for-service settings. Directs the Secretary to require states to use certain adult health quality measures and approaches to report on the initial core set of quality measures for Medicaid eligible adults and for the quality of pediatric health care. Directs the Secretary to establish: (1) a Medicaid Quality Performance Bonus fund for awarding performance bonuses to select states for high attainment and improvement on a core set of quality measures related to the goals and purposes of the Medicaid program, as well as (2) a methodology for awarding Medicaid Quality Performance bonuses to states Requires a state, as a condition of receiving a bonus fund award, to designate at least 75% of the performance bonus funds for the development and operation of quality-related initiatives that will directly benefit providers.

113 S1980 IS: Medicaid and CHIP Continuous Quality Act of 2014 U.S. Senate 2014-02-03 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 113th CONGRESS 2d Session S. 1980 IN THE SENATE OF THE UNITED STATES February 3, 2014 Mr. Rockefeller Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to provide for 12-month continuous enrollment under the Medicaid program and Children’s Health Insurance Program and to promote quality care. 1. Short title This Act may be cited as the Medicaid and CHIP Continuous Quality Act of 2014 2. Findings Congress finds the following: (1) Every year millions of people are enrolled in Medicaid and the Children’s Health Insurance Program (in this section referred to as CHIP (2) Data show that the typical enrollee receives Medicaid coverage for about three-quarters of the year. Coverage periods are lower for non-elderly, non-disabled adults than for those with disabilities, seniors, and children. (3) Medicaid enrollees with coverage disruption are more likely to be hospitalized for illnesses like asthma, diabetes, or cardiovascular disease that can be effectively managed through ongoing primary medical care and medication, are less likely to be screened for breast cancer, and may have poorer cancer outcomes. (4) Children enrolled in CHIP also experience disruptions in health coverage and care. For example, during just a one-year period, over one-third of CHIP enrollees were also enrolled in a State’s Medicaid program. Transitions between Medicaid and CHIP can cause disruptions in care because the health care coverage and participating providers vary between the two programs. (5) Interruptions in coverage can impair the receipt of effective primary care and lead to expensive hospitalizations or emergency room visits. (6) Unnecessary enrollment, disenrollment and reenrollment in Medicaid and CHIP result in higher administrative expenses for reenrollment and result in more people uninsured at any given time. (7) Stable coverage under Medicaid and CHIP lowers average monthly medical costs. Continuous enrollment also permits better prevention and disease management, leading to fewer serious illnesses and hospitalizations. (8) Children with stable coverage are less likely to have unmet medical needs, allowing children to receive the preventive care that is necessary to help them grow into healthy adults. (9) For the majority of Medicaid enrollees who are served by Primary Care Case Management (PCCM) or fee-for-service arrangements, there are no Federal requirements for comparable quality monitoring or improvement. No structured oversight exists for Medicaid enrollees when they move between fee-for-service and capitated managed care plans. Thus, there currently is no ability to make fair assessments across all modes of care for Medicaid enrollees. 3. 12-month continuous enrollment (a) Requirement of 12-Month continuous enrollment under Medicaid (1) In general Section 1902(e)(12) of the Social Security Act (42 U.S.C. 1396a(e)), is amended to read as follows: (12) 12-month continuous enrollment (A) In general Notwithstanding any other provision of this title, a State plan approved under this title (or under any waiver of such plan approved pursuant to section 1115 or section 1915), shall provide that an individual who is determined to be eligible for benefits under such plan (or waiver) shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. (B) Promoting retention of eligible and enrolled persons beyond 12 months The Secretary shall— (i) identify methods that promote the retention of individuals who are enrolled under the State plan and who remain eligible for medical assistance beyond the 12-month period described in subparagraph (A); and (ii) actively promote the adoption of such enrollment retention methods by States, which should include but not be limited to issuing guidance and developing resources on State best practices. (C) Enrollment and retention reporting (i) In general Not later than September 30, 2014, the Secretary shall publish the procedures that States are expected to use to provide annual enrollment and retention reports beginning September 30, 2015. (ii) State reporting requirements At a minimum, such reporting procedures shall include a description of State eligibility criteria and enrollment procedures under this title, and data regarding enrollment and retention using standardized reporting formats determined by the Secretary. (iii) Secretary report and publication The Secretary shall annually publish enrollment and retention performance results for all States beginning not later than June 30, 2016. (iv) Each such annual report shall include estimates of Medicaid enrollment continuity ratios for each State. In this clause, the term enrollment continuity ratio (v) For purposes of such reports, the Secretary shall develop both overall ratios for all enrollees and separate ratios for the following categories: (I) Children. (II) Individuals whose eligibility category is related to being equal to or over the age of 65. (III) Individuals whose eligibility category is related to disability or blindness. (IV) Individuals whose eligibility category is related to their status as parents and caretaker relatives of children under 19 or who are otherwise not elderly, blind or disabled adults. . (b) Requirement of 12-Month continuous enrollment under CHIP (1) In general Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is amended by adding at the end the following new paragraph: (6) Requirement for 12-month continuous enrollment Notwithstanding any other provision of this title, a State child health plan that provides child health assistance under this title through a means other than described in section 2101(a)(2), shall provide that an individual who is determined to be eligible for benefits under such plan shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. . (2) Conforming amendment Section 2105(a)(4)(A) of the Social Security Act (42 U.S.C. 1397ee(a)(4)(A)) is amended— (A) by striking has elected the option of is in compliance with the requirement for (B) by striking applying such policy under its State child health plan under this title in compliance with section 2102(b) (c) Effective date (1) In general Except as provided in paragraph (2) or (3), the amendments made by subsections (a) and (b) shall apply to determinations (and redeterminations) of eligibility made on or after the date that is 18 months after the date of the enactment of this Act. (2) Extension of effective date for state law amendment In the case of a State plan under title XIX or State child health plan under title XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (3) Option to implement 12-month continuous eligibility prior to effective date A State may elect through a State plan amendment under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. 4. Preventing the application under CHIP of coverage waiting periods (a) In general Section 2102(b)(1)(B) of the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is amended— (1) in clause (iii)— (A) by striking in the case of in the case of a targeted low-income child (including a child provided dental-only supplemental coverage under section 2110(b)(5)) or in the case of (B) by adding and (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (b) Conforming amendments Section 2105(c)(10) of the Social Security Act ( 42 U.S.C. 1397ee(c)(10) (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 5. Performance bonuses for enrollment and retention improvements for certain individuals (a) Medicaid Section 1903 of the Social Security Act ( 42 U.S.C. 1396b (aa) Performance bonuses for enrollment and retention of low-Income individuals (1) In general In addition to performance bonuses for enrollment and retention described in section 2105(a) (related to children), a State may qualify for 1 or more performance bonuses related to the enrollment and retention of individuals described in section 1902(e)(12)(C)(iii)(III). For purposes of this paragraph, a State meets the condition of this paragraph for such individuals if, for each category of individuals specified in section 1902(e)(12)(C)(iii)(III) and selected by the State for additional enrollment and retention provisions, the State is implementing at least 3 of the following enrollment and retention provisions (treating each subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year: (A) Aligning treatment of income under medicaid with that of other insurance affordability programs The State implements policies, including prorating income over annual periods, so as to align its treatment of income for purposes of a determination of eligibility for medical assistance with that of other affordability insurance programs with the goal of eliminating inconsistent determinations among these programs. (B) Maintaining coverage for individuals during periods of transition (i) In general Upon determination that an individual is no longer eligible for medical assistance, the State implements policies to maintain eligibility for medical assistance, including enrollment in the managed care organization in which the individual was enrolled at the time of the determination of ineligibility, during the period of time in which— (I) eligibility-related information is transmitted to the other insurance affordability programs; (II) a determination is made as to for which other insurance affordability program the individual is eligible; and (III) coverage in such program and any related managed care organization becomes effective. (ii) Managed care organization continuity The State shall also implement policies to enroll the individual in the managed care organization in which the individual was a member prior to the loss of medical assistance eligibility, if such managed care organization participates in the other insurance affordability program, unless the individual voluntarily selects a separate managed care organization. (C) Enhanced data-sharing between agencies The State utilizes findings from an American Health Benefit Exchange, an Express Lane Agency (as identified by the State and as described in section 1902(e)(13)(F)) or the Social Security Administration or other agencies administering employment, educational, or social services programs as identified by the State, to document income, assets, residency, age or other relevant information in determining or renewing eligibility. (D) Eligibility based on pending status The State maintains eligibility for enrollees whose renewal status has not yet been determined and for whom eligibility based on alternative eligibility criteria has not yet been ruled out. (E) Default reenrollment in managed care organization In the case of individuals who are determined to be eligible for medical assistance under this title after the loss of eligibility for fewer than 6 months, and who previously had been members of a managed care organization, the State re-enrolls the individual in the managed care organization in which the individual was a member prior to the loss of eligibility, unless the individual voluntarily selects a separate managed care organization. (2) Performance bonus payment to offset costs resulting from 12-month continuous enrollment for medicaid enrollees (A) Authority to make bonus payments (i) In general In addition to the payments provided under section 2105(a) of the Social Security Act, subject to subparagraph (C) the Secretary shall make payments to a State (beginning with fiscal year 2016) that satisfies the requirements of subparagraph (B). (ii) Regulations Payments to States shall be allocated annually among States in accordance with regulations promulgated by the Secretary not later than July 1, 2015. (iii) Timing The payment under this paragraph shall be made, to a State for a fiscal year, as a single payment not later than the last day of the first calendar quarter of the following fiscal year to which the performance payment applies. (B) State eligibility for bonus payments A State shall be eligible for bonus payments under this subsection if— (i) the State has adopted at least 3 of the 5 policies described in subparagraphs (A) through (E) of paragraph (1); and (ii) the State is able to demonstrate improvement in the continuity of enrollment by aged, blind, and disabled and adult populations, compared to its baseline performance in fiscal year 2013. (C) Amounts available for payments (i) In general The total amount of payments under paragraphs (1) and (2) of this section shall be equal to $500,000,000 for fiscal year 2016 for making payments under this paragraph, to be available until expended. (ii) Budget authority This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this subsection. (D) Uses of enrollment and retention performance bonuses Nothing in this section shall prohibit a State from establishing criteria which would permit the State to distribute a portion of the proceeds of any performance bonuses received pursuant to this section to financially support providers who have contributed to improved enrollment and retention activities. For purposes of allocation of Enrollment and Retention Performance Bonuses the definition of provider shall have the meaning given to it in a State Plan. . (b) Extension of CHIP Performance Bonus To align with reauthorization of State allotments Section 2105(a)(3) of the Social Security Act ( 42 U.S.C. 1397ee(a)(3) (1) in subparagraph (A), by striking 2013 2015 (2) in subparagraph (E)(ii)— (A) in the heading for subclause (I)(aa), by striking 2012 2014 (B) in subclause (I)(aa)— (i) by striking 2012 2014 (ii) by striking subsection (a) section 2104(a) (iii) by striking subsection (m) section 2104(m) (C) in the heading for subclause (I)(bb), by striking 2013 2015 (D) in subclause (I)(bb)— (i) by striking fiscal year 2013 fiscal year 2015 (ii) by striking subsection (a)(16)(A) section 2104(a)(18)(A) (iii) by striking October 1, 2012, and ending on March 31, 2013 October 1, 2014, and ending on March 31, 2015 (iv) by striking subsection (m) section 2104(m) (v) by striking or set aside under subsection (b)(2) of section 2111 for such fiscal year (E) in the heading for subclause (I)(cc), by striking 2013 2015 (F) in subclause (I)(cc)— (i) by striking 2013 2015 (ii) by striking subsection (a)(16)(B) section 2104(a)(18)(B) (iii) by striking subsection (m) section 2104(m) (iv) by striking or set aside under subsection (b)(2) of section 2111 for such fiscal year (G) in subclause (II), by striking 2013 2015 (H) in subclause (III), by striking 2013 2015 (3) in subparagraph (F)(iii), by striking 2013 2015 6. Measuring and reporting on comparable health care quality measures for all persons enrolled in Medicaid (a) Quality assurance standards Section 1932(c)(1) of the Social Security Act ( 42 U.S.C. 1396u–2(c)(1) 1903(m) or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings (b) Adult health quality measures Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. Public Law 111–148 (1) by adding after (b)(3) the following: (4) Quality reporting for medicaid eligible adults Beginning January 1, 2016, the Secretary shall require States to use the measures and approaches identified in paragraph (3) of this subsection to report on the initial core set of quality measures for Medicaid eligible adults identified in paragraph (2), subject to revisions made by (5)(B) of this subsection. ; (2) by redesignating subsection (b)(4) as (b)(5) and (b)(5) as (b)(6); (3) in subsection (d)(1)(B) inserting after Section 1937 of this title or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings (4) in subsection (d)(2) by inserting after (1) including analysis of comparable quality measures for Medicaid eligible adults who receive their health services through managed care, primary care case management, and fee-for-service settings (c) Pediatric health care measures (1) In general Title XI of the Social Security Act, is amended at section 1139A(a) (42 U.S.C. 1320b–9a(a)) by— (A) inserting after paragraph (4) as if it were included upon enactment: (5) Reporting of pediatric health care measures Not later than five years after the date of enactment of the Medicaid Continuous Quality Act of 2012, States shall use the procedures and approaches identified in paragraph (4) to report information on the initial core measurement set regarding the quality of pediatric health care under titles XIX and XXI. ; (B) redesignating paragraphs (5), (6), (7) and (8) as (6), (7), (8) and (9), respectively; and (C) in subsection (c)(1)(B), inserting after section 2103 of such Act or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings 7. Performance bonuses for significant achievement in Medicaid quality performance Section 1932(c)(1) of the Social Security Act ( 42 U.S.C. 1396u–2(c)(1) (F) Performance bonus for quality performance achievement (i) In general The Secretary shall establish a Medicaid Quality Performance Bonus fund for awarding performance bonuses to States for high attainment and improvement on a core set of quality measures related to the goals and purposes of the Medicaid program. (ii) Quality performance bonus methodology Not later than three years after the date of enactment of this Act, the Secretary shall establish a methodology for awarding Medicaid Quality Performance bonuses to States not less than annually which will be based on the annual State reports required under section 1138B of title XI of the Social Security Act, in accordance with regulations promulgated by the Secretary. (iii) Quality performance measurement bonuses Medicaid Quality Performance Bonus funds will be awarded to up to 10 States that meet thresholds established by the Secretary for— (I) the top five States achieving the designation of superior quality performing State; or (II) five States demonstrating the greatest relative level of annual improvement in quality performance. (iv) Initial appropriation The total amount of payments under this subparagraph shall be equal to $500,000,000 for making payments under this subparagraph, to be available until expended. This subparagraph constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this subparagraph. (v) Uses of quality performance bonus funds (I) Designation for quality improvement activities As a condition of receiving a bonus fund award under clause (iii), a State shall agree to designate at least 75 percent of the performance bonus funds for the development and operation of quality-related initiatives that will directly benefit providers, including— (aa) provider pay-for-performance programs; (bb) provider collaboration initiatives that have been demonstrated to improve performance on quality; (cc) provider quality improvement initiatives, including those aimed at improving care for special and hard-to-reach populations; and (dd) Secretary-approved activities and initiatives that a State may pursue to encourage quality improvement and patient-focused high value care. Nothing in this subparagraph shall prohibit a State from establishing criteria for the State provider performance program that limits the award to a particular provider type(s), that limits application to a specific geographic area, or that directs incentive programs for quality-related activities for specific populations, including individuals eligible under this title and title XVIII of the Social Security Act, hard-to-reach populations. (II) Remaining bonus funds States may designate up to 25 percent of the quality performance bonus award for activities related to the goals and purposes of the program. (vi) Definition of providers For purposes of allocation of Medicaid Quality Performance Bonuses the definition of provider shall have the meaning given to it in a State Plan. Nothing in this section shall prohibit a State from investing bonus funds into quality improvement activities for managed care entities. .

Medicaid and CHIP Continuous Quality Act of 2014

Open Internet Preservation Act of 2014 - Restores rules adopted by the Federal Communications Commission (FCC) in the Report and Order in the matter of preserving the open Internet and broadband industry practices (adopted on December 21, 2010) that were vacated by the U.S. Court of Appeals for the D.C. Circuit in Verizon v. Federal Communications Commission (decided on January 14, 2014). Requires such rules to remain in effect until the FCC takes final action in the proceedings remanded to the FCC in such D.C. Circuit decision.

113 S1981 IS: Open Internet Preservation Act of 2014 U.S. Senate 2014-02-03 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 113th CONGRESS 2d Session S. 1981 IN THE SENATE OF THE UNITED STATES February 3, 2014 Mr. Markey Mr. Udall of New Mexico Mr. Blumenthal Mr. Franken Mr. Wyden Mr. Merkley Committee on Commerce, Science, and Transportation A BILL To provide that the rules of the Federal Communications Commission relating to preserving the open Internet and broadband industry practices shall be restored to effect until the date when the Commission takes final action in the proceedings on such rules that were remanded to the Commission by the United States Court of Appeals for the District of Columbia Circuit. 1. Short title This Act may be cited as the Open Internet Preservation Act of 2014 2. Restoration of open Internet rules during remanded proceedings (a) In general The rules adopted by the Federal Communications Commission in the Report and Order in the matter of preserving the open Internet and broadband industry practices (FCC 10–201; adopted on December 21, 2010) that were vacated by the United States Court of Appeals for the District of Columbia Circuit in Verizon v. Federal Communications Commission (No. 11–1355; decided on January 14, 2014) shall be restored to effect during the period beginning on the date of the enactment of this Act and ending on the date when the Commission takes final action in the proceedings remanded to the Commission in that decision. (b) Adjudication authority After the end of the period described in subsection (a), the Federal Communications Commission may continue to adjudicate cases regarding violations of the rules described in such subsection that occurred during such period.

Open Internet Preservation Act of 2014

Fernley Economic Self-Determination Act - Directs the Secretary of the Interior, if the Secretary receives an offer from the city of Fernley, Nevada, to purchase identified federal land within the city, through the Bureau of Land Management (BLM) and the Bureau of Reclamation, to convey to the city all interest of the United States in such land in exchange for consideration in an amount equal to the fair market value of the land. Permits the city and the Bureau of Reclamation to retain easements or rights-of-way on the federal land to be conveyed, including easements or rights-of-way that are necessary to carry out the operation and maintenance of the Truckee Canal or the Newlands Project. Requires the city to pay or reimburse the Secretary, as appropriate, for reasonable transaction and administrative personnel costs associated with such conveyance. Releases the United States from all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product), solid waste, mine materials, or mining related features existing on the federal land. Withdraws the federal land from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.

113 S1983 IS: Fernley Economic Self-Determination Act U.S. Senate 2014-02-03 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 113th CONGRESS 2d Session S. 1983 IN THE SENATE OF THE UNITED STATES February 3, 2014 Mr. Heller Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior, acting through the Bureau of Land Management and the Bureau of Reclamation, to convey, by quitclaim deed, to the City of Fernley, Nevada, all right, title, and interest of the United States, to any Federal land within that city that is under the jurisdiction of either of those agencies. 1. Short title This Act may be cited as the Fernley Economic Self-Determination Act 2. Definitions In this Act: (1) City The term City (2) Federal land The term Federal land (3) Map The term map Proposed Fernley, Nevada, Land Sales 3. Conveyance of certain Federal land to City of Fernley, Nevada (a) Conveyance authorized Subject to valid existing rights and not later than 180 days after the date on which the Secretary of the Interior receives an offer from the City to purchase the Federal land depicted on the map, the Secretary, acting through the Bureau of Land Management and the Bureau of Reclamation, shall convey, notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (b) Appraisal To determine fair market value The Secretary shall determine the fair market value of the Federal land to be conveyed— (1) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (2) based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including— (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (c) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Reservation of easements and rights-of-Way The City and the Bureau of Reclamation may retain easements or rights-of-way on the Federal land to be conveyed, including easements or rights-of-way the Bureau of Reclamation determines are necessary to carry out— (1) the operation and maintenance of the Truckee Canal; or (2) the Newlands Project. (e) Costs The City shall, at closing for the conveyance authorized under subsection (a), pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of appraisal, title searches, maps, and boundary and cadastral surveys. (f) Conveyance not a major federal action A conveyance or a combination of conveyances made under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) 4. Release of United States Upon making the conveyance under section 3, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance. 5. Withdrawal Subject to valid existing rights, the Federal land to be conveyed under section 3 of this Act shall be withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.

Fernley Economic Self-Determination Act

Credit Card Theft Sentencing Act of 2014 - Amends the Computer Fraud and Abuse Act to set penalties of a fine, imprisonment for at least 25 years or for life, or both for intentionally accessing a computer without authorization or exceeding authorized access and thereby obtaining information of 1 million or more credit card holders contained in a financial record of a financial institution or a card issuer, contained in a file of a consumer reporting agency on a consumer, from any federal agency, or from any protected computer.

113 S1984 IS: Credit Card Theft Sentencing Act of 2014 U.S. Senate 2014-02-03 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 113th CONGRESS 2d Session S. 1984 IN THE SENATE OF THE UNITED STATES February 3, 2014 Mr. Kirk Committee on the Judiciary A BILL To enhance penalties for computer crimes, and for other purposes. 1. Short title This Act may be cited as the Credit Card Theft Sentencing Act of 2014 2. Enhanced penalty Section 1030 (1) in subsection (a)(2)(A), by striking in section 1602(n) in section 103(o) of the Consumer Credit Protection Act ( 15 U.S.C. 1602(o) (2) in subsection (c)(2)— (A) in subparagraph (B)(iii), by striking and (B) in subparagraph (C), by inserting and (C) by adding at the end the following: (D) a fine under this title, imprisonment for any term of years not less than 25 or for life, or both, in the case of an offense under subsection (a)(2) in which information of 1,000,000 or more cardholders (as defined in section 103(n) of the Consumer Credit Protection Act ( 15 U.S.C. 1602(n) .

Credit Card Theft Sentencing Act of 2014

Veterans Health Care Access Received Closer to Home Act of 2014 - Expresses the sense of Congress in support of veteran-centric health care coordination between the Department of Veterans Affairs (VA) and community providers, as well as cost-effective VA purchase of veterans' care from the private sector. Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to reauthorize a VA pilot program of contract care authority within specified Veterans Integrated Service Networks for the health care needs of veterans in highly rural areas. Requires: (1) that medical appointments for veterans, under the pilot program, occur during the 30-day period beginning on the date that is 15 days after the appointment is requested, and (2) the Secretary of Veterans Affairs to ensure that eligible veterans are informed of the program.

113 S1985 IS: Veterans Health Care Access Received Closer to Home Act of 2014 U.S. Senate 2014-02-03 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 113th CONGRESS 2d Session S. 1985 IN THE SENATE OF THE UNITED STATES February 3, 2014 Mr. Moran Committee on Veterans’ Affairs A BILL To reauthorize and modify the pilot program of the Department of Veterans Affairs under which the Secretary of Veterans Affairs provides health services to veterans through qualifying non-Department of Veterans Affairs health care providers, and for other purposes. 1. Short title This Act may be cited as the Veterans Health Care Access Received Closer to Home Act of 2014 2. Sense of Congress It is the sense of Congress that— (1) veterans who are authorized by the Secretary of Veterans Affairs to receive health care in the community must not lose the high quality, safety, care coordination, and other veteran-centric elements that the health care system of the Department of Veterans Affairs provides; (2) many veterans receive health care from both the Department and community providers but the lack of care coordination among the Department and community providers when veterans receive purchased care places veterans at risk for poor health outcomes and results in inefficient use of finite health care resources; (3) veteran-centric care coordination is associated with improved patient outcomes, as Department and non-Department health care teams coordinate and collaborate to provide the best care for veterans; and (4) if the Secretary purchases care for veterans from the private sector, such care must be secured in a cost-effective manner, in a way that complements the larger health care system of the Department by using industry standards for care and costs. 3. Reauthorization and modification of pilot program of enhanced contract care authority for health care needs of veterans Section 403 of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 (1) in subsection (a)— (A) in paragraph (2), by striking 120 days after the date of the enactment of this Act 90 days after the date of the enactment of the Veterans Health Care Access Received Closer to Home Act of 2014 (B) by amending paragraph (4) to read as follows: (4) Program locations The Secretary shall carry out the pilot program at locations in the following Veterans Integrated Service Networks (and such other locations as the Secretary considers appropriate): (A) Veterans Integrated Service Network 1. (B) Veterans Integrated Service Network 6. (C) Veterans Integrated Service Network 15. (D) Veterans Integrated Service Network 19. ; (2) by amending subsection (b) to read as follows: (b) Covered veterans For purposes of the pilot program under this section, a covered veteran is any veteran who is eligible for health care under the laws administered by the Secretary. ; (3) by redesignating subsection (h) as subsection (j); (4) by inserting after subsection (g) the following new subsections: (h) Appointments In carrying out the pilot program under this section, the Secretary shall ensure that medical appointments for veterans occur during the 30-day period beginning on the date that is 15 days after the date on which the appointment is requested. (i) Outreach The Secretary shall ensure that a veteran eligible for the pilot program under this section is informed of such program. ; and (5) in paragraph (2) of subsection (j), as redesignated by paragraph (3)— (A) in subparagraph (A), by striking the semicolon at the end and inserting ; and (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B).

Veterans Health Care Access Received Closer to Home Act of 2014

Streamlining Services for Older Veterans Act - Amends the Older Americans Act of 1965 to include status as a veteran among the categories of greatest social need based on noneconomic factors. Requires state and area plans to include information on how the state and area agencies on: (1) aging will engage in outreach to veterans eligible for services under such Act, and (2) effective and efficient procedures for the coordination of services provided under that Act with services provided to veterans by the Department of Veterans Affairs (VA) and other providers.

113 S1986 IS: Streamlining Services for Older Veterans Act U.S. Senate 2014-02-03 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 113th CONGRESS 2d Session S. 1986 IN THE SENATE OF THE UNITED STATES February 3, 2014 Mr. Manchin Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To amend the Older Americans Act of 1965 to provide for outreach, and coordination of services, to veterans. 1. Short title This Act may be cited as the Streamlining Services for Older Veterans Act 2. Outreach and coordination of services to veterans (a) Definition Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (1) in paragraph (24)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period and inserting ; and (C) by adding at the end the following: (D) status as a veteran. ; and (2) by adding at the end the following: (55) The term veteran section 101 . (b) Area plan Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended— (1) in paragraph (16), by striking and (2) in paragraph (17), by striking the period and inserting ; and (3) by adding at the end the following: (18) include information describing— (A) how the area agency on aging will engage in outreach to veterans who are eligible for services under this Act; and (B) effective and efficient procedures for the coordination of services provided under this Act with services provided to veterans by the Department of Veterans Affairs and other providers. . (c) State plan Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by adding at the end the following: (31) The plan shall include information describing— (A) how the State agency will engage in outreach to veterans who are eligible for services under this Act; and (B) effective and efficient procedures for the coordination of services provided under this Act with services provided to veterans by the Department of Veterans Affairs and other providers. .

Streamlining Services for Older Veterans Act

Federal Communications Commission Process Reform Act of 2014 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to complete a rulemaking proceeding to adopt rules establishing: minimum comment and reply periods for rulemakings; policies to ensure that the public has notice and an opportunity to respond to comments, ex parte communications, or materials submitted toward the end of, or after, the comment period; procedures for publishing the status of open rulemakings and items circulated for Commissioners' review; deadlines for public notice, and guidelines for disposition, of certain petitions; and procedures to include the specific language of proposed rules or amendments in proposed rulemaking notices. Requires performance measures to be included in notices of proposed rulemakings or orders that would create or substantially change a program activity. Defines "program activity" as a specific activity or project as listed in the program and financing schedules of the U.S. annual budget, including any annual collection or distribution or related series of collections or distributions by the FCC of $100 million or more. Directs the FCC to seek public comment regarding whether the FCC should: (1) establish procedures for allowing a bipartisan majority of Commissioners to place items on an open meeting agenda and for publishing in advance of such meetings the text of agenda items on which the FCC will vote; (2) establish deadlines for the disposition of certain license applications; and (3) publish orders, decisions, reports, and actions within 30 days after adoption. Requires the FCC to initiate a new rulemaking proceeding every five years to continue its consideration of procedural rule changes. Allows a bipartisan majority of Commissioners to hold a nonpublic meeting, including a meeting to collaborate with joint boards or conferences, if: (1) no votes or actions are taken, and (2) an attorney from the FCC's Office of General Counsel is present. Requires such a closed meeting to be disclosed within two business days after the meeting, along with a list of persons in attendance and a summary of discussed matters, provided that such matters are not classified or otherwise exempt from disclosure. Directs the FCC to provide on its website: (1) information regarding the FCC's budget, appropriations, and total number of full-time equivalent employees; (2) the FCC's annual performance plan; and (3) information about consumer complaints in a publicly available, searchable database. Directs the FCC to: (1) complete actions necessary for the required publication of documents in the Federal Register within specified time frames; (2) inform the public about its performance and efficiency in meeting disclosure and other requirements under the Freedom of Information Act; and (3) publish on its website and in other required formats an anticipated release schedule for all statistical reports and reports to Congress. Prohibits the FCC, in compiling its quarterly report with respect to informal consumer inquiries and complaints, from categorizing an inquiry or complaint under the Telephone Consumer Protection Act of 1991 (places restrictions on telephone solicitations and automatic dialing systems) as a wireline or wireless inquiry or complaint unless a wireline or wireless carrier was the subject of the inquiry or complaint. Exempts permanently from the Antideficiency Act (prohibits expenditures or obligations of federal funds exceeding an amount available in an appropriation or fund) the collection of Universal Service Fund contributions and the use of such contributions for universal service support programs. (Currently, universal service funds are collected and distributed under a temporary waiver provided in the Universal Service Antideficiency Temporary Suspension Act.)

113 S1989 IS: Federal Communications Commission Process Reform Act of 2014 U.S. Senate 2014-02-04 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 113th CONGRESS 2d Session S. 1989 IN THE SENATE OF THE UNITED STATES February 4, 2014 Mr. Heller Mr. Coats Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the Federal Communications Commission, and for other purposes. 1. Short title This Act may be cited as the Federal Communications Commission Process Reform Act of 2014 2. FCC process reform (a) In general Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. 13. Transparency and efficiency (a) Definitions In this section: (1) Amendment The term amendment (2) Bipartisan majority The term bipartisan majority (A) is a group of 3 or more Commissioners; and (B) includes— (i) for each political party of which any Commissioner is a member, not less than 1 Commissioner who is a member of that political party; and (ii) if any Commissioner has no political party affiliation, not less than 1 unaffiliated Commissioner. (3) Performance measure The term performance measure section 1115 (4) Program activity The term program activity (A) has the meaning given the term in section 1115 (B) includes any annual collection or distribution or related series of collections or distributions by the Commission of an amount that is not less than $100,000,000. (5) Other definitions The terms agency action ex parte communication rule section 551 (b) Initial rulemaking and inquiry (1) Rulemaking Not later than 1 year after the date of enactment of the Federal Communications Commission Process Reform Act of 2014 (2) Requirements for rulemaking The rules adopted under paragraph (1) shall— (A) set minimum comment periods for comment and reply comment, subject to a determination by the Commission that good cause exists for departing from the minimum comment periods, for— (i) significant regulatory actions, as defined in Executive Order 12866 ( 5 U.S.C. 601 (ii) all other rulemaking proceedings; (B) establish policies concerning the submission of extensive new comments, data, or reports towards the end of a comment period; (C) establish policies regarding treatment of comments, ex parte communications, and data or reports (including statistical reports and reports to Congress) submitted after a comment period to ensure that the public has adequate notice of and opportunity to respond to the submissions before the Commission relies on the submissions in any order, decision, report, or action; (D) establish procedures for publishing the status of open rulemaking proceedings and proposed orders, decisions, reports, or actions on circulation for review by the Commissioners, including which Commissioners have not cast a vote on an order, decision, report, or action that has been on circulation for more than 60 days; (E) establish deadlines (relative to the date of filing) for— (i) in the case of a petition for a declaratory ruling under section 1.2 (ii) in the case of a petition for rulemaking under section 1.401 (iii) in the case of a petition for reconsideration under section 1.106 1.429 (F) establish guidelines (relative to the date of filing) for the disposition of petitions filed under section 1.2 (G) establish procedures for the inclusion of the specific language of the proposed rule or the proposed amendment of an existing rule in a notice of proposed rulemaking; (H) require each notice of proposed rulemaking or order adopting a rule or amending an existing rule that creates (or proposes to create) a program activity to contain performance measures for evaluating the effectiveness of the program activity; and (I) require each notice of proposed rulemaking or order adopting a rule or amending an existing rule that substantially changes (or proposes to substantially change) a program activity to contain— (i) performance measures for evaluating the effectiveness of the program activity as changed (or proposed to be changed); or (ii) a finding that existing performance measures will effectively evaluate the program activity as changed (or proposed to be changed). (3) Inquiry Not later than 1 year after the date of enactment of the Federal Communications Commission Process Reform Act of 2014 (A) establish procedures for allowing a bipartisan majority of Commissioners to place an order, decision, report, or action on the agenda of an open meeting; (B) establish procedures for informing all Commissioners of a reasonable number of options available to the Commission for resolving a petition, complaint, application, rulemaking, or other proceeding; (C) establish procedures for ensuring that all Commissioners have adequate time, prior to being required to decide a petition, complaint, application, rulemaking, or other proceeding (including at a meeting held under section 5(d)), to review the proposed Commission decision document, including the specific language of any proposed rule or any proposed amendment of an existing rule; (D) establish procedures for publishing the text of agenda items to be voted on at an open meeting in advance of the meeting so that the public has the opportunity to read the text before a vote is taken; (E) establish deadlines (relative to the date of filing) for disposition of applications for a license under section 1.913 (F) assign resources needed to meet the deadlines described in subparagraph (E), including whether the ability of the Commission to meet those deadlines would be enhanced by assessing a fee from applicants for a license described in subparagraph (E); and (G) publish each order, decision, report, or action not later than 30 days after the date of the adoption of the order, decision, report, or action. (4) Data for performance measures The Commission shall develop a performance measure or proposed performance measure required under this subsection to rely, where possible, on data already collected by the Commission. (c) Periodic review On the date that is 5 years after the completion of the rulemaking proceeding under subsection (b)(1), and every 5 years thereafter, the Commission shall initiate a new rulemaking proceeding to continue to consider any procedural changes to the rules of the Commission that may be in the public interest to maximize opportunities for public participation and efficient decisionmaking. (d) Nonpublic collaborative discussions (1) In general Notwithstanding section 552b (A) a vote or any other agency action is not taken at the meeting; (B) each person present at the meeting is a Commissioner, an employee of the Commission, a member of a joint board or conference established under section 410, or a person on the staff of such a joint board or conference or of a member of such a joint board or conference; and (C) an attorney from the Office of General Counsel of the Commission is present at the meeting. (2) Disclosure of nonpublic collaborative discussions Not later than 2 business days after the conclusion of a meeting held under paragraph (1), the Commission shall publish a disclosure of the meeting, including— (A) a list of the persons who attended the meeting; and (B) a summary of the matters discussed at the meeting, except for any matters that the Commission determines may be withheld under section 552b(c) (3) Preservation of open meetings requirements for agency action Nothing in this subsection shall limit the applicability of section 552b (e) Access to certain information on Commission’s website The Commission shall provide direct access from the homepage of the website of the Commission to— (1) detailed information regarding— (A) the budget of the Commission for the current fiscal year; (B) the appropriations for the Commission for the current fiscal year; and (C) the total number of full-time equivalent employees of the Commission; and (2) the performance plan most recently made available by the Commission under section 1115(b) of title 31, United States Code. (f) Federal Register publication (1) In general In the case of any document adopted by the Commission that the Commission is required, under any provision of law, to publish in the Federal Register, the Commission shall, not later than the date described in paragraph (2), complete all Commission actions necessary for the document to be so published. (2) Date described The date described in this paragraph is the earlier of— (A) the date that is 45 days after the date of the release of the document described in paragraph (1); or (B) the date by which the actions described in paragraph (1) must be completed to comply with any deadline under any other provision of law. (3) No effect on deadlines for publication in other form (A) In general In the case of a deadline that does not specify that the form of publication is publication in the Federal Register, the Commission may comply with the deadline by publishing the document in another form. (B) Applicability of Federal Register publication requirements Publication of a document in another form as described in subparagraph (A) shall not relieve the Commission of any Federal Register publication requirement applicable to the document, including the requirement under paragraph (1). (g) Consumer complaint database (1) In general In evaluating and processing consumer complaints, the Commission shall present information about the complaints in a publicly available, searchable database on the website of the Commission that— (A) facilitates easy use by consumers; and (B) to the extent practicable, is sortable and accessible by— (i) the date of the filing of the complaint; (ii) the topic of the complaint; (iii) the party complained of; and (iv) other elements that the Commission considers in the public interest. (2) Duplicative complaints In the case of multiple complaints arising from the same alleged misconduct, the Commission may satisfy the requirement under paragraph (1) by including information concerning only 1 such complaint in the database described in paragraph (1). (h) Form of publication (1) In general In complying with a requirement under this section to publish a document, the Commission shall publish the document on the website of the Commission, in addition to publishing the document in any other form that the Commission is required to use or is permitted to and chooses to use. (2) Exception The Commission shall by rule establish procedures for redacting documents required to be published under this section so that the published versions of the documents do not contain— (A) information the publication of which would be detrimental to national security, homeland security, law enforcement, or public safety; or (B) information that is proprietary or confidential. (i) Transparency relating to performance in meeting FOIA requirements The Commission shall take additional steps to inform the public about the performance and efficiency of the Commission in meeting the disclosure and other requirements under section 552 Freedom of Information Act (1) publishing on the website of the Commission the logs used by the Commission for tracking, responding to, and managing requests submitted under such section, including the Commission’s fee estimates, fee categories, and fee request determinations; (2) releasing to the public all decisions made by the Commission (including decisions made by the Bureaus and Offices of the Commission) granting or denying requests filed under such section, including any such decisions pertaining to the estimate and application of fees assessed under such section; (3) publishing on the website of the Commission electronic copies of documents released under such section; and (4) presenting, in the annual budget estimates of the Commission submitted to Congress and the annual performance and financial reports of the Commission, information about the handling by the Commission of requests under such section, including— (A) the number of requests under such section the Commission received during the most recent fiscal year; (B) the number of requests described in subparagraph (A) granted and denied; (C) a comparison of the processing of requests described in subparagraph (A) by the Commission during a period of not less than the 3 preceding fiscal years; and (D) a comparison of the results of the Commission in processing requests described in subparagraph (A) with the most recent average for the United States Government as published on www.foia.gov. (j) Prompt release of statistical reports and reports to Congress Not later than January 15 of each year, the Commission shall identify, catalog, and publish an anticipated release schedule for all statistical reports and reports to Congress that are regularly or intermittently released by the Commission and will be released during the year. (k) Annual scorecard reports (1) In general For the 1-year period beginning on January 1 of each year, the Commission shall prepare a report on the performance of the Commission in conducting proceedings and meeting the deadlines established under subsection (b)(2)(E) and the guidelines established under subsection (b)(2)(F). (2) Contents Each report required under paragraph (1) shall contain detailed statistics on the performance of the Commission as described in paragraph (1), including, with respect to each Bureau of the Commission— (A) with respect to each type of filing specified in subsection (b)(2)(E) or (b)(2)(F)— (i) the number of filings that were pending on the last day of the period covered by the report; (ii) the number of filings described in clause (i) for which each applicable deadline or guideline established under such subsection was not met and the average length of time those filings have been pending; and (iii) for filings that were resolved during the period covered by the report, the average time between initiation and resolution and the percentage for which each applicable deadline or guideline established under such subsection was met; (B) with respect to proceedings before an administrative law judge— (i) the number of proceedings completed during the period covered by the report; and (ii) the number of proceedings pending on the last day of the period covered by the report; and (C) the number of independent studies or analyses published by the Commission during the period covered by the report. (3) Publication and submission The Commission shall publish and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate each report required under paragraph (1) not later than the date that is 30 days after the last day of the period covered by the report. . (b) Effective dates and implementing rules (1) Effective dates (A) Nonpublic collaborative discussions Subsection (d) of section 13 of the Communications Act of 1934, as added by subsection (a), shall apply beginning on the first date on which all of the procedural changes to the rules of the Federal Communications Commission required under subsection (b)(1) of such section have taken effect. (B) Schedules and reports Subsections (j) and (k) of section 13 of the Communications Act of 1934, as added by subsection (a), shall apply with respect to 2015 and any year thereafter. (2) Rules Except as otherwise provided in section 13 of the Communications Act of 1934, as added by subsection (a), the Federal Communications Commission shall promulgate any rules necessary to carry out such section not later than 1 year after the date of enactment of this Act. 3. Categorization of TCPA inquiries and complaints in quarterly report In compiling its quarterly report with respect to informal consumer inquiries and complaints, the Federal Communications Commission may not categorize an inquiry or complaint with respect to section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 4. Effect on other laws Nothing in this Act or the amendments made by this Act shall relieve the Federal Communications Commission from any obligations under title 5, United States Code, except where otherwise expressly provided. 5. Application of Antideficiency Act to Universal Service Program (a) In general Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 (m) Application of Antideficiency Act Section 1341 and subchapter II of chapter 15 (1) any amount collected or received as Federal universal service contributions required under this section, including any interest earned on such contributions; or (2) the expenditure or obligation of amounts attributable to contributions described in paragraph (1) for universal service support programs established under this section. . (b) Repeal of temporary provision The Universal Service Antideficiency Temporary Suspension Act (title III of Public Law 108–494

Federal Communications Commission Process Reform Act of 2014

Disaster Savings Accounts Act of 2014 - Amends the Internal Revenue Code to: (1) establish tax-exempt disaster savings accounts to pay the expenses of homeowners for disaster mitigation and recovery expenses, (2) allow a deduction from gross income (above-the-line deduction) up to $5,000 (adjusted annually for inflation) in a taxable year for cash contributions to such accounts, (3) exclude from gross income distributions from such accounts to pay disaster mitigation and recovery expenses; and (4) set forth tax rules and penalties for excess contributions to disaster savings accounts and for failure to file required reports on such accounts.

113 S1991 IS: Disaster Savings Accounts Act of 2014 U.S. Senate 2014-02-04 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 113th CONGRESS 2d Session S. 1991 IN THE SENATE OF THE UNITED STATES February 4, 2014 Mr. Inhofe Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow individuals a deduction for amounts contributed to disaster savings accounts to help defray the cost of preparing their homes to withstand a disaster and to repair or replace property damaged or destroyed in a disaster. 1. Short title This Act may be cited as the Disaster Savings Accounts Act of 2014 2. Deduction for contributions to disaster savings accounts (a) In general Part VII of subchapter B of chapter 1 224. Disaster savings accounts (a) Deduction allowed In the case of an eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to a disaster savings account of such individual. (b) Limitation (1) In general The amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility In the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be the same proportion of $5,000 as such portion bears to the entire taxable year. (c) Eligible individual For purposes of this section, the term eligible individual (d) Disaster savings account For purposes of this section— (1) In general The term disaster savings account (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified disaster expenses The term qualified disaster expenses (A) disaster mitigation expenses, and (B) disaster recovery expenses. (3) Disaster mitigation expenses The term disaster mitigation expenses (A) Tornado safe rooms manufactured or constructed in accordance with FEMA 320 or FEMA 361 guidance or tornado shelters manufactured or constructed in accordance with the National Storm Shelter/International Code Council 500 standard. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, lightning, power outage, tornado, and wildfire) and other natural disasters. (4) Disaster recovery expenses The term disaster recovery expenses (5) Disaster-related uninsured personal casualty loss The term disaster-related uninsured personal casualty loss (6) Federally declared disaster The term federally declared disaster (7) Account beneficiary The term account beneficiary (e) Treatment of account (1) In general A disaster savings account is exempt from taxation under this subtitle unless such account has ceased to be a disaster savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to disaster savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay disaster mitigation expenses. (f) Tax treatment of distributions (1) Amounts used for disaster mitigation expenses Any amount paid or distributed out of a disaster savings account which is used exclusively to pay qualified disaster expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for disaster mitigation expenses Any amount paid or distributed out of a disaster savings account which is not used exclusively to pay the qualified disaster expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to any disaster savings account of an individual, paragraph (2) shall not apply to distributions from the disaster savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution (4) Additional tax on distributions not used for disaster mitigation expenses (A) In general The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a disaster savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general Paragraph (2) shall not apply to any amount paid or distributed from a disaster savings account to the account beneficiary to the extent the amount received is paid into a disaster savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a disaster savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a disaster savings account which was not includible in the individual's gross income because of the application of this paragraph. (g) Cost-of-Living adjustment (1) In general In the case of a taxable year beginning after 2015, the $5,000 amount in subsection (b) 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 such taxable year begins determined by substituting calendar year 2014 calendar year 1992 (2) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (h) Special rules (1) Denial of deduction to dependents No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 224(f)(7) (relating to transfer of account incident to divorce). (G) Section 224(f)(8) (relating to treatment after death of account beneficiary). (4) Coordination with casualty loss deduction No deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from a disaster savings account. (i) Reports The Secretary may require the trustee of a disaster savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate. . (b) Deduction allowed whether or not individual itemizes other deductions Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Disaster savings accounts The deduction allowed by section 224. . (c) Tax on excess contributions Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended— (1) by striking or or (6) a disaster savings account (within the meaning of section 224(d)), , and (2) by adding at the end the following new subsection: (h) Excess contributions to disaster savings accounts For purposes of this section, in the case of disaster savings accounts (within the meaning of section 224(d)), the term excess contributions (1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(f)(5)) which is not allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts which were included in gross income under section 224(f)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the disaster savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed. . (d) Failure To provide reports on disaster savings accounts Paragraph (2) of section 6693(a) of such Code (relating to reports) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: (D) section 224(i) (relating to disaster savings accounts), . (e) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: Sec. 224. Disaster savings accounts. Sec. 225. Cross reference. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Disaster Savings Accounts Act of 2014

Quality Foster Care Services Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to extend medical assistance coverage to therapeutic foster care services. Requires a qualified therapeutic foster care program to be state-licensed and provide: (1) foster care children under 21 with structured daily activities, including the development of age-appropriate social, communication and behavioral skills, trauma-informed and gender-responsive services, crisis intervention and crisis support services, medication monitoring, counseling, and case management; and (2) foster care parents with specialized training and consultation in the management of children with mental illness, trauma, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and specific additional training on the needs of each child provided such services.

113 S1992 IS: Quality Foster Care Services Act of 2014 U.S. Senate 2014-02-04 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 113th CONGRESS 2d Session S. 1992 IN THE SENATE OF THE UNITED STATES February 4, 2014 Ms. Baldwin Mr. Portman Committee on Finance A BILL To amend title XIX of the Social Security Act to provide a standard definition of therapeutic foster care services in Medicaid. 1. Short title This Act may be cited as the Quality Foster Care Services Act of 2014 2. Inclusion of therapeutic foster care as medical assistance (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (1) in subsection (a)— (A) in paragraph (28), by striking and (B) by redesignating paragraph (29) as paragraph (30); and (C) by inserting after paragraph (28) the following new paragraph: (29) therapeutic foster care services described in subsection (ee); and ; and (2) by adding at the end the following new subsection: (ee) (1) For purposes of subsection (a)(29), subject to subparagraph (C), therapeutic foster care services described in this subsection are services provided for children who have not attained age 21, and who, as a result of mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, need the level of care provided in an institution (including a psychiatric residential treatment facility) or nursing facility the cost of which could be reimbursed under the State plan but who can be cared for or maintained in a community placement, through therapeutic foster care programs that— (A) are licensed by the State and accredited by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or by another equivalent accreditation agency (or agencies) as the Secretary may recognize; (B) provide structured daily activities, including the development, improvement, monitoring, and reinforcing of age-appropriate social, communication and behavioral skills, trauma-informed and gender-responsive services, crisis intervention and crisis support services, medication monitoring, counseling, and case management, and may furnish other intensive community services; and (C) provide foster care parents with specialized training and consultation in the management of children with mental illness, trauma, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and specific additional training on the needs of each child provided such services. (2) In making coverage determinations under paragraph (1), a State may employ medical necessity criteria that are similar to the medical necessity criteria applied to coverage determinations for other services and supports under this title. (3) The services described in this subsection do not include the training referred to in paragraph (1)(C). . (b) Effective date The amendments made by subsection (a) shall apply to calendar quarters beginning on or after the date of enactment of this Act.

Quality Foster Care Services Act of 2014

Veterans Care Financial Protection Act of 2014 - Requires the Secretary of Veterans Affairs (VA) to: (1) work with federal agencies, states, and such experts as the Secretary considers appropriate to develop and implement federal and state standards that protect individuals who are eligible for increased pension for a non-service-connected disability or death or for service on the basis of need for regular aid and attendance from dishonest, predatory, or otherwise unlawful practices; and (2) submit such standards to specified congressional committees not later than 180 days after the date of the enactment of this Act. Requires the Comptroller General: (1) within one year after enactment of this Act, to report standards that would be effective in protecting such individuals if the Secretary fails to submit such standards within such 180 days; and (2) not later than 540 days after enactment of this Act, to complete a study on standards implemented under this Act and report the findings to such committees.

113 S1993 IS: Veterans Care Financial Protection Act of 2014 U.S. Senate 2014-02-04 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 113th CONGRESS 2d Session S. 1993 IN THE SENATE OF THE UNITED STATES February 4, 2014 Ms. Warren Mr. Rubio Committee on Veterans' Affairs A BILL To protect individuals who are eligible for increased pension under laws administered by the Secretary of Veterans Affairs on the basis of need of regular aid and attendance from dishonest, predatory, or otherwise unlawful practices, and for other purposes. 1. Short title This Act may be cited as the Veterans Care Financial Protection Act of 2014 2. Protection of individuals eligible for increased pension under laws administered by Secretary of Veterans Affairs on basis of need for regular aid and attendance (a) Development and implementation of standards (1) In general The Secretary of Veterans Affairs shall work with the heads of Federal agencies, States, and such experts as the Secretary considers appropriate to develop and implement Federal and State standards that protect individuals from dishonest, predatory, or otherwise unlawful practices relating to increased pension available to such individuals under chapter 15 (2) Submittal to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the standards developed under paragraph (1). (b) Conditional recommendation by Comptroller General If the Secretary does not, on or before the date that is 180 days after the date of the enactment of this Act, submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives standards that are developed under subsection (a)(1), the Comptroller General of the United States shall, not later than the date that is one year after the date of the enactment of this Act, submit to such committees a report containing standards that the Comptroller General determines are standards that would be effective in protecting individuals as described in such subsection. (c) Study by Comptroller General Not later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on standards implemented under this section to protect individuals as described in subsection (a)(1) and submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the findings of the Comptroller General with respect to such study.

Veterans Care Financial Protection Act of 2014

TRICARE Moms Improvement Act of 2014 - Requires the contracts entered into by the Secretary of Defense (DOD) for medical care for military dependents (e.g., TRICARE) to provide for breastfeeding support, supplies, and counseling as appropriate during pregnancy and the postpartum period.

113 S1994 IS: TRICARE Moms Improvement Act of 2014 U.S. Senate 2014-02-04 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 113th CONGRESS 2d Session S. 1994 IN THE SENATE OF THE UNITED STATES February 4, 2014 Mrs. McCaskill Committee on Armed Services A BILL To amend title 10, United States Code, to provide for the availability of breastfeeding support, supplies, and counseling under the TRICARE program. 1. Short title This Act may be cited as the TRICARE Moms Improvement Act of 2014 2. Availability of breastfeeding support, supplies, and counseling under the TRICARE program Section 1079(a) (18) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period. .

TRICARE Moms Improvement Act of 2014

Personal Data Protection and Breach Accountability Act of 2014 - Title I: Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security - Amends the federal criminal code to impose a fine and/or prison term of up to five years for intentionally or willfully concealing a security breach involving sensitive personally identifiable information when such breach results in economic harm or substantial emotional distress to one or more persons. Makes it unlawful for a service provider to knowingly or intentionally redirect web searches or otherwise monitor, manipulate, aggregate, and market data from websites without the consent of the Internet user. Imposes a civil fine of up to $500,000 for a violation of this provision and an increased fine of up to $1 million for engaging in a pattern or practice of activity that violates this provision. Title II: Privacy and Security of Sensitive Personally Identifiable Information - Makes any interstate business entity that collects, accesses, transmits, uses, stores, or disposes of sensitive personally identifiable information on 10,000 or more U.S. persons subject to the requirements for a data privacy and security program under this Act. Exempts public records not otherwise subject to a confidentiality or nondisclosure requirement, certain financial institutions subject to the Gramm-Leach-Bliley Act, business entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and service providers exclusively engaged in the transmission, routing, or storage of data. Requires business entities that are subject to personal data privacy and security requirements of this Act to implement a comprehensive program that: (1) ensures the privacy, security, and confidentiality of sensitive personally identifiable information; (2) protects against any anticipated vulnerabilities to the privacy, security, or integrity of such information; and (3) protects against unauthorized access to such information that could create a significant risk of harm. Requires such entities to: (1) assess risks of future security breaches and design a personal data privacy and security program to control such risks; (2) ensure employee training for implementing a security program; (3) ensure regular testing of key controls, systems, and procedures of such program; and (4) monitor, evaluate, and adjust the security program to reflect relevant changes in technology and other considerations. Authorizes the Attorney General to bring a civil action or request injunctive relief against any business entity that violates the requirements of this title and obtain fines against such entity for violations, including enhanced penalties for intentional or willful violations. Authorizes a state attorney general to bring a civil action or request injunctive relief against a business entity that adversely threatens or affects the residents of the state by violating the requirements of this title. Allows individuals aggrieved by a violation of the data privacy and security requirements of this title to bring a civil action to recover for personal injuries sustained as a result of such violation. Allows punitive damages against a business entity that intentionally or willfully violates the provisions of this title. Requires any agency or interstate business entity that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information to notify without unreasonable delay any U.S. resident whose information has been, or is reasonably believed to have been, accessed or acquired. Allows a federal law enforcement agency or member of the intelligence community to delay notification if it determines that such notification would impede a lawful criminal investigation or authorized intelligence activity. Exempts an agency or business entity from the notification requirement if: (1) the U.S. Secret Service or the Federal Bureau of Investigation (FBI) determines that notification of a security breach would reveal sensitive sources, impede law enforcement investigations, or cause damage to national security; or (2) the agency or entity conducts a risk assessment in consultation with the Federal Trade Commission (FTC) and concludes that there is no significant risk of a security breach and the FTC does not act to deny an exemption. Exempts certain financial institutions subject to the Gramm-Leach-Bliley Act and business entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Sets forth the method of notice required for informing individuals of a security breach, including written notice to the last known home mailing address or e-mail address of such individuals and public notice by electronic means or by general media if the sensitive personally identifiable information of more than 5,000 individuals is involved. Establishes requirements for the content of a notice to an individual whose sensitive personally identifiable information has been breached, including a description of the categories of such information, contact information, and a notice that such individual is entitled to a free consumer credit report on a quarterly basis for two years. Requires an agency or business entity that is required to provide notice of a security breach to provide at no cost to an individual whose sensitive personally identifiable information was breached a consumer credit report on a quarterly basis for a two-year period, a credit monitoring service, a security freeze on the individual's credit report, and compensation for damages incurred by an individual resulting from the security breach. Requires any agency or business entity that is required to notify more than 5,000 individuals of a security breach to also notify consumer credit reporting agencies without unreasonable delay. Requires the Secretary of Homeland Security (DHS), in consultation with the Attorney General, to designate a federal entity (designated entity) to receive information and reports about information security incidents, threats, and vulnerabilities. Requires the designated entity to provide such information to the Secret Service, to the FBI, to the FTC for civil law enforcement purposes, and to other federal agencies for law enforcement, national security, or data security purposes. Requires business entities and agencies to notify the designated entity of a security breach within 10 days of discovery. Authorizes the Attorney General to bring a civil action or request injunctive relief against any business entity that violates such notification requirements. Grants the FTC authority for enforcing compliance with such requirements. Authorizes a state attorney general to bring a civil action or request injunctive relief against a business entity that adversely threatens or affects the residents of the state by violating such requirements. Allows individuals aggrieved by a violation of the notification requirements to bring a civil action to recover for personal injuries sustained as a result of such violation or obtain injunctive relief. Allows punitive damages against a business entity that intentionally or willfully violates such requirements. Provides that the provisions of this title supersede other provisions of federal or state law relating to notification, but do not exempt any entity from liability under common law for damages caused by failure to notify an individual following a security breach. Authorizes appropriations to the Secret Service to carry out investigations and risk assessments of security breaches. Requires the Secret Service and the FBI to report on the number and nature of the security breaches described in notices filed by entities seeking a risk assessment exemption and the response of the Secret Service and FBI to such notices. Requires the entity designated by DHS under this Act to maintain a clearinghouse of technical information concerning system vulnerabilities identified in the wake of security breaches. Allows agencies and business entities that are certified to review information in the clearinghouse to access such information to improve the security and reduce the vulnerability of networks that contain sensitive personally identifiable information. Requires the DHS designated entity to ensure that: (1) technical information disclosed to it is stored in a format designed to protect proprietary business information from inadvertent disclosure; and (2) all information stored in the technical information clearinghouse is presented in a form that minimizes the potential for such information to be traced to a particular network, company, or security breach incident. Exempts information in the technical information clearinghouse from disclosure under the Freedom of Information Act. Title III: Access to and Use of Commercial Data - Requires the Administrator of the General Services Administration (GSA), in considering contract awards totaling more than $500,000, to evaluate: (1) the data privacy and security program of a data broker and the broker's compliance with such program, (2) the extent to which databases and systems have been compromised by security breaches, and (3) data broker responses to such breaches. Defines a "data broker" as a business entity that regularly collects, transmits, or provides access to sensitive personally identifiable information on more than 5,000 individuals who are not the customers or employees of that business entity for purposes of providing such information to non-affiliated third parties on an interstate basis. Requires federal agencies to: (1) evaluate and audit the information security practices of contractors or third party business entities that support the information systems or operations of such agencies involving sensitive personally identifiable information, and (2) ensure remedial action to address any significant deficiencies. Requires federal agencies to conduct a privacy impact assessment before purchasing or subscribing to personally identifiable information from a data broker. Requires the Comptroller General to report on federal agency adherence to key privacy principles in using data brokers of commercial databases containing sensitive personally identifiable information. Requires the FBI, in coordination with the Secret Service, to report to the Judiciary Committees of Congress on any reported security breaches at agencies or business entities during the year preceding enactment of this Act. Requires the Attorney General to submit annual reports on federal, state, and private enforcement of this Act, with recommendations for increasing the effectiveness of such enforcement actions. Requires the FBI, in coordination with the Attorney General and the FTC to report to the Judiciary Committees on the effectiveness of post-breach notification practices by agencies and business entities. Title IV: Compliance with Statutory Pay-As-You-Go Act - Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

113 S1995 IS: Personal Data Protection and Breach Accountability Act of 2014 U.S. Senate 2014-02-04 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 113th CONGRESS 2d Session S. 1995 IN THE SENATE OF THE UNITED STATES February 4, 2014 Mr. Blumenthal Mr. Markey Committee on the Judiciary A BILL To protect consumers by mitigating the vulnerability of personally identifiable information to theft through a security breach, providing notice and remedies to consumers in the wake of such a breach, holding companies accountable for preventable breaches, facilitating the sharing of post-breach technical information between companies, and enhancing criminal and civil penalties and other protections against the unauthorized collection or use of personally identifiable information. 1. Short title; table of contents (a) Short title This Act may be cited as the Personal Data Protection and Breach Accountability 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. Concealment of security breaches involving sensitive personally identifiable information. Sec. 102. Unauthorized manipulation of Internet traffic on a user’s computer. TITLE II—Privacy and security of sensitive 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. Federal enforcement. Sec. 204. Enforcement by State Attorneys General. Sec. 205. Supplemental enforcement by individuals. Subtitle B—Security breach notification Sec. 211. Notice to individuals. Sec. 212. Exemptions from notice to individuals. Sec. 213. Methods of notice to individuals. Sec. 214. Content of notice to individuals. Sec. 215. Remedies for security breach. Sec. 216. Notice to credit reporting agencies. Sec. 217. Notice to law enforcement. Sec. 218. Federal enforcement. Sec. 219. Enforcement by State attorneys general. Sec. 220. Supplemental enforcement by individuals. Sec. 221. Relation to other laws. Sec. 222. Authorization of appropriations. Sec. 223. Reporting on risk assessment exemptions. Subtitle C—Post-Breach technical information clearinghouse Sec. 230. Clearinghouse information collection, maintenance, and access. Sec. 231. Protections for clearinghouse participants. Sec. 232. Effective date. TITLE III—Access to and use of commercial data Sec. 301. General services administration review of contracts. Sec. 302. Requirement to audit information security practices of contractors and third-party business entities. Sec. 303. Privacy impact assessment of government use of commercial information services containing sensitive personally identifiable information. Sec. 304. FBI report on reported breaches and compliance. Sec. 305. Department of Justice report on enforcement actions. Sec. 306. Report on notification effectiveness. TITLE IV—Compliance with Statutory Pay-As-You-Go Act Sec. 401. 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, homeland security, the development of e-commerce, and the privacy rights of people in the United States; (3) over 9,300,000 individuals were victims of identity theft in the United States in 2010; (4) security breaches are a serious threat to consumer confidence, homeland security, e-commerce, and economic stability; (5) 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; (6) 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; (7) 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; (8) there is a need to ensure that data brokers conduct their operations in a manner that prioritizes fairness, transparency, accuracy, and respect for the privacy of consumers; (9) government access to commercial data can potentially improve safety, law enforcement, and national security; (10) 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; (11) over 22,960,000 cases of data breaches involving personally identifiable information were reported through July of 2011, and in 2009 through 2010, over 230,900,000 cases of personal data breaches were reported; (12) facilitating information sharing among business entities and across sectors in the event of a breach can assist in remediating the breach and preventing similar breaches in the future; (13) because the Federal Government has limited resources, consumers themselves play a vital and complementary role in facilitating prompt notification and protecting against future breaches of security; (14) in addition to the immediate damages caused by security breaches, the lack of basic remedial requirements often forces individuals whose sensitive personally identifiable information is compromised as a result of a security breach to incur the economic costs of litigation to seek remedies, and the economic costs of fees required in many States to freeze compromised accounts; and (15) victims of personal data breaches may suffer debilitating emotional and physical effects and become depressed or anxious, especially in cases of repeated or unresolved instances of data breaches. 3. Definitions (a) In general In this Act, the following definitions shall apply: (1) Affiliate The term affiliate (2) Agency The term agency section 551 (3) Business entity The term business entity (4) Credit rating agency The term credit rating agency 15 U.S.C. 78c(a)(61) (5) Credit report The term credit report 15 U.S.C. 1681a(d) (6) Data broker The term data broker (7) Designated entity The term designated entity (8) 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. (9) Identity theft The term identity theft section 1028(a)(7) (10) Intelligence community The term intelligence community (A) The Office of the Director of National Intelligence. (B) The Central Intelligence Agency. (C) The National Security Agency. (D) The Defense Intelligence Agency. (E) The National Geospatial-Intelligence Agency. (F) The National Reconnaissance Office. (G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs. (H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, and the Department of Energy. (I) The Bureau of Intelligence and Research of the Department of State. (J) The Office of Intelligence and Analysis of the Department of the Treasury. (K) The elements of the Department of Homeland Security concerned with the analysis of intelligence information, including the Office of Intelligence of the Coast Guard. (L) Such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. (11) Predispute arbitration agreement The term predispute arbitration agreement (12) Public record source The term public record source (13) Security breach (A) In general The term security breach (i) the unauthorized acquisition of sensitive personally identifiable information; or (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; or (iii) any lawfully authorized criminal investigation or authorized investigative, protective, or intelligence activities that are carried out by or on behalf of any element of the intelligence community and conducted in accordance with the United States laws, authorities, and regulations governing such intelligence activities. (14) Security freeze The term security freeze (15) 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 2 of the following data elements: (i) Home address. (ii) Telephone number of the individual. (iii) Mother’s maiden name. (iv) 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) Information about an individual’s geographic location that is in whole or in part generated by or derived from that individual’s use of a wireless communication device or other electronic device, excluding telephone and instrument numbers and network or Internet Protocol addresses. (D) Unique biometric data such as a fingerprint, voice print, face print, a retina or iris image, or any other unique physical representation. (E) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, health insurance policy or subscriber identification number, or routing code. (F) Not less than 2 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 and passwords. (iv) Information regarding an individual’s medical history, mental or physical medical condition, or medical treatment or diagnosis by a health care professional. (G) Any other combination of data elements that could allow unauthorized access to or acquisition of the information described in subparagraph (A), (B), (C), (D), (E), or (F), including— (i) a unique account identifier; (ii) an electronic identification number; (iii) a user name; (iv) a routing code; or (v) any associated security code, access code, or password or any associated security questions and answers that could allow unauthorized access to the account. (16) Service provider (A) In general The term service provider (i) provides electronic data transmission, routing, intermediate and transient storage, or connections to the system or network of the business entity; (ii) is not the sender or the intended recipient of the data; (iii) is not ordinarily expected to select or modify the content of the electronic data; and (iv) transmits, routes, stores, or provides connections for personal information in a manner that personal information is undifferentiated from other types of data that such business entity transmits, routes, stores, or provides connections. (B) Savings clause Any such business entity shall be treated as a service provider under this Act only to the extent that the business entity is engaged in the provision of the transmission, routing, intermediate and transient storage or connections described in subparagraph (A). (b) Modified definition by rulemaking The Federal Trade Commission may, by rule promulgated under section 553 sensitive personally identifiable information I Enhancing punishment for identity theft and other violations of data privacy and security 101. 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) 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 Protection and Breach Accountability Act of 2014 (b) For purposes of subsection (a), the term person section 1030(e)(12) (c) Any person seeking an exemption under section 212(b) of the Personal Data Protection and Breach Accountability Act of 2014 Personal Data Protection and Breach Accountability Act of 2014 . (b) Conforming and technical amendments The table of sections for chapter 47 1041. Concealment of security breaches involving sensitive personally identifiable information. . (c) Enforcement authority (1) In general The United States Secret Service and the 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. 102. Unauthorized manipulation of Internet traffic on a user’s computer (a) Definition In this section, the term protected computer section 1030(e)(2) (b) Prohibition (1) In general Unless a service provider provides a clear and conspicuous disclosure of data collected in the process of intercepting a web search or query entered by an authorized user of a protected computer, and obtains the consent of an authorized user of the protected computer prior to any such action, it shall be unlawful for a service provider to knowingly or intentionally— (A) bypass the display of search engine results and redirect web searches or queries entered by an authorized user of a protected computer directly to a commercial website, counterfeit web page, or targeted advertisement and derive an economic benefit from such activity; or (B) monitor, manipulate, aggregate, and market the data collected in the process of intercepting a web search or query entered by an authorized user of a protected computer and derive an economic benefit from such activity. (2) Consent A service provider may not require consent to perform the collection of data described in paragraph (1) as a condition of providing service to an authorized user of the protected computer. (c) Limitations on liability The restrictions imposed under this section do not apply to any monitoring of, or interaction with, a subscriber's Internet or other network connection or service, or a protected computer, by or at the direction of a telecommunications carrier, cable operator, computer hardware or software provider, financial institution or provider of information services or interactive computer service for— (1) network or computer security purposes; (2) diagnostics; (3) technical support; (4) repair; (5) network management; (6) authorized updates of software or system firmware; (7) authorized remote system management; (8) authorized provision of protection for users of the computer from objectionable content; (9) authorized scanning for computer software used in violation of this section for removal by an authorized user; or (10) detection or prevention of fraud. (d) Enforcement by the Attorney General (1) Liability and penalty for violations Any person who engages in an activity in violation of this section shall be fined not more than $500,000. (2) Enhanced liability and penalties for pattern or practice of violations (A) In general Any person who engages in a pattern or practice of activity that violates the provisions of this section shall be fined not more than $1,000,000. (B) Treatment of single action or conduct For purposes of subparagraph (A), any single action or conduct that violates this section with respect to multiple protected computers shall be construed as a single violation. (3) Considerations In determining the amount of any penalty under paragraph (1) or (2), the court shall take into account— (A) the degree of culpability of the defendant; (B) any history of prior such conduct; (C) the ability of the defendant to pay any fine imposed; (D) the effect on the ability of the defendant to continue to do business; and (E) such other matters as justice may require. II Privacy and security of sensitive 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) In general 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 A financial institution subject to the data security requirements and standards under 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)) and 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)), if the Federal functional regulator (as defined in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 15 U.S.C. 6801 et seq. (2) HIPAA regulated entities (A) Covered entities A business entity subject to the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1301 et seq.), including the data security requirements and implementing regulations of that Act. (B) Compliance A business entity that— (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) Rule of construction Nothing in this subtitle shall be construed to modify, limit, or supersede the operation of the provisions of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. 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 of title 5, United States Code, for the protection of sensitive personally identifiable information: (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 identifiable information; (B) protect against any anticipated vulnerabilities to the privacy, security, or integrity of sensitive personally identifiable information; and (C) protect against unauthorized access to or use of sensitive personally identifiable information that could create a significant risk of harm 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); and (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) and the implementing regulations of such Act as set forth in 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; (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 (vii) minimize the amount of personal information maintained by the business entity, providing for the retention of such personal information only as reasonably needed for the business purposes of the business entity or as necessary to comply with any other provision of law. (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) Certain relationship to 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 sensitive personally identifiable information; (3) internal or external threats to sensitive 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. Federal enforcement (a) Civil penalties (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 $5,000 per violation per day while such a violation exists, with a maximum of $20,000,000 per violation, unless such conduct is found to be willful or intentional. (2) Intentional or willful violation A business entity that intentionally or willfully violates the provisions of this subtitle shall be subject to additional penalties in the amount of $5,000 per violation per day while such a violation exists. (3) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (A) the degree of culpability of the business entity; (B) any prior violations of this subtitle by the business entity; (C) the ability of the business entity to pay a civil penalty; (D) the effect on the ability of the business entity to continue to do business; (E) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (F) the relative cost of compliance with this subtitle; and (G) such other matters as justice may require. (b) 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. (c) 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. 204. Enforcement by State Attorneys General (a) Civil actions (1) In general 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, or any other court of competent 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 $20,000,000 per violation. (2) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (A) the degree of culpability of the business entity; (B) any prior violations of this subtitle by the business entity; (C) the ability of the business entity to pay a civil penalty; (D) the effect on the ability of the business entity to continue to do business; (E) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (F) the relative cost of compliance with this subtitle; and (G) such other matters as justice may require. (3) Notice (A) In general Before filing an action under this subsection, the attorney general of the State involved shall provide to the Attorney General— (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 in subparagraph (B), the attorney general of a State shall provide the written notice and a copy of the complaint to the Attorney General as soon after the filing of the complaint as practicable. (b) Federal proceedings Upon receiving notice under subsection (a)(3), 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 described in subsection (c); (2) initiate an action in the appropriate United States district court under section 218 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 has instituted a proceeding or action for a violation of this subtitle or any regulations thereunder, no attorney general of a State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in such criminal proceeding or civil action for any violation that is alleged in that proceeding or action. (d) Construction For purposes of bringing any civil action under subsection (a), nothing in this section 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. 205. Supplemental enforcement by individuals (a) In general Any person aggrieved by a violation of the provisions of this subtitle by a business entity may bring a civil action in a court of appropriate jurisdiction to recover for personal injuries sustained as a result of the violation. (b) Authority To bring civil action; jurisdiction As provided in subsection (c), any person may commence a civil action on his own behalf against any business entity who is alleged to have violated the provisions of this subtitle. (c) Remedies in a citizen suit (1) Damages Any individual harmed by a failure of a business entity to comply with the provisions of this subtitle, shall be able to collect damages of not more than $10,000 per violation per day while such violations persist, up to a maximum of $20,000,000 per violation. (2) Punitive damages A business entity may be liable for punitive damages if the business entity intentionally or willfully violates the provisions of this subtitle. (3) Equitable relief A business entity that violates the provisions of this subtitle may be enjoined to comply with the provisions of those sections. (d) Other rights and remedies The rights and remedies available under this subsection are cumulative and shall not affect any other rights and remedies available under law. (e) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes (1) Waiver of rights and remedies The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment including by a predispute arbitration agreement. (2) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section. (f) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (1) the degree of culpability of the business entity; (2) any prior violations of this subtitle by the business entity; (3) the ability of the business entity to pay a civil penalty; (4) the effect on the ability of the business entity to continue to do business; (5) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (6) the relative cost of compliance with this subtitle; and (7) such other matters as justice may require. 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 that experiences a security breach of such information, shall, following the discovery of such 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 containing sensitive personally identifiable 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 Reasonable delay under this subsection may include any time necessary to determine the scope of the security breach, conduct the risk assessment described in section 212(b)(1), and provide notice to law enforcement when required. (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, the Federal Trade Commission, or the attorney general of a State or any State or local law enforcement agency authorized by the attorney general of the State or by State statute to prosecute violations of consumer protection law, 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 a Federal law enforcement agency or member of the intelligence community determines that the notification required under this section would impede any lawfully authorized criminal investigation or authorized investigative, protective, or intelligence activities that are carried out by or on behalf of any element of the intelligence community and conducted in accordance with the United States laws, authorities, and regulations governing such intelligence activities, such notification shall be delayed upon written notice from such Federal law enforcement agency or member of the intelligence community to the agency or business entity that experienced the breach. The notification shall specify in writing the period of delay required. (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 delay was invoked unless a Federal law enforcement or member of the intelligence community provides written notification that further delay is necessary. (3) Law enforcement immunity No non-constitutional cause of action shall lie in any court against an agency for acts relating to the delay of notification for law enforcement or intelligence purposes under this subtitle. 212. Exemptions from notice to individuals (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 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 under this subtitle. (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, in consultation with the Federal Trade Commission, concludes that there is no significant risk that a security breach has resulted in, or will result in harm to the individuals whose sensitive personally identifiable information was subject to the security breach; and (B) the Federal Trade Commission or designated entity does not indicate within 7 business days from the receipt of written notification from an agency or business entity pursuant to subsection 212(b)(2), that the agency or business entity should not be exempt from the notice requirements of section 211. (2) Risk assessment requirements (A) Conducting a risk assessment Upon discovery of a security breach of an agency or business entity, the agency or business entity shall conduct a risk assessment to determine if there is a significant risk that the security breach resulted in, or will result in, harm to the individuals whose sensitive personally identifiable information was subject to the security breach. (i) Presumption of no significant risk It is presumed that there is no significant risk that the security breach has resulted in, or will result in, harm to the individuals whose sensitive personally identifiable data was subject to the security breach, if the sensitive personally identifiable information has been rendered unusable, unreadable, or indecipherable through a security technology or methodology (if the technology or methodology is generally accepted by experts in the information security field). Any such presumption may be rebutted by facts demonstrating that the security technologies or methodologies in a specific case, have been or are reasonably likely to be compromised. (ii) Presumption of significant risk It is presumed that there is a significant risk that the security breach has resulted in, or will result in, harm to individuals whose sensitive personally identifiable information was subject to the security breach if the agency or business entity failed to render such sensitive personally identifiable information indecipherable through a security technology or methodology (if the technology or methodology is generally accepted by experts in the information security field). (iii) Methodologies or technologies (I) Required rulemaking Not later than 1 year after the date of the enactment of this Act, and biannually thereafter, the Federal Trade Commission, after consultation with the National Institute of Standards and Technology, shall issue rules (pursuant to section 553 (II) Required consultation In issuing rules or guidance under subclause (II), the Commission shall also consult with relevant industries, consumer organizations, and data security and identity theft prevention experts and established standards setting bodies. (iv) FTC guidance Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission, after consultation with the National Institute of Standards and Technology, shall issue guidance regarding the application of the exemption in clause (i). (B) Written notification Without unreasonable delay, but not later than 7 days after the discovery of a security breach, unless extended by the United States Secret Service or the Federal Bureau of Investigation, the agency or business entity must notify the Federal Trade Commission and designated entity, in writing, of— (i) the results of the risk assessment; and (ii) its decision to invoke the risk assessment exemption. (C) Violations It shall be a violation of this section to— (i) fail to conduct a risk assessment in a reasonable manner, or according to standards generally accepted by experts in the field of information security; or (ii) submit results of a risk assessment that— (I) conceal violations of law, inefficiency, or administrative error; (II) prevent embarrassment to a business entity, organization, or agency; (III) restrain competition; (IV) contain fraudulent or deliberately misleading information; or (V) delay notification under section 211 for any other reason, except where the agency or business entity reasonably believes that the risk assessment exception may apply. (c) Financial fraud prevention exemption (1) In general A business entity shall be exempt from the notice requirements of this subtitle 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 Paragraph (1) shall not apply to a business entity 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, other than a credit card or credit card security code identified in section 3, unless that information is only a credit card number or a credit card security code. (d) Limitations Notwithstanding any other obligation under this subtitle, this subtitle does not apply to the following— (1) Financial institutions A financial institution subject to the data security requirements and standards under 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.), and 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)), if the Federal functional regulator (as defined by section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 15 U.S.C. 6801 et seq. (2) HIPAA regulated entities exemption (A) In general A business entity shall be exempt from the notice requirement under section 211 if the business entity is one of the following: (i) Covered entities A business entity subject to the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (ii) Business entities A business entity that— (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 data breach notification requirements under section 13402 or 13407 of the American Reinvestment and Recovery Act of 2009 (42 U.S.C. 17932 and 17937) and implementing regulations promulgated under such sections. (B) Limitation Paragraph (1) shall not apply to a business entity 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 other than a health insurance policy or subscriber identification number or information regarding an individual’s medical history, mental or physical medical condition, or medical treatment or diagnosis by a health care professional as identified in section 3 unless that information is only a health insurance policy or subscriber identification number or information regarding an individual’s medical history, mental or physical medical condition, or medical treatment or diagnosis by a health care professional. 213. Methods of notice to individuals To comply with section 211, an agency or business entity shall provide the following forms of notice: (1) Individual written notice Written notice to individuals by 1 of the following means: (A) Individual written notification to the last known home mailing address of the individual in the records of the agency or business entity. (B) E-mail notice, unless the individual has expressly opted not to receive such notices of security breaches or the notice is inconsistent 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) Telephone notice Telephone notice to the individual personally. (3) Public notice (A) Electronic notice Prominent notice via all reasonable means of electronic contact between the individual and the agency or business entity, including any website, networked devices, or other interface through which the agency or business entity regularly interacts with the consumer, if the number of individuals whose sensitive personally identifiable information was or is reasonably believed to have been accessed or acquired by an unauthorized person exceeds 5,000. (B) 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 notice to individuals (a) In general Regardless of the method by which individual notice is provided to individuals under section 213(1), such notice shall include— (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, and how the agency or business entity came into possession of the sensitive personally identifiable information at issue; (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; (3) the toll-free contact telephone numbers, websites, and addresses for the major credit reporting agencies; (4) the telephone numbers and websites for the relevant Federal agencies that provide information regarding identity theft prevention and protection; (5) notice that the individual is entitled to receive, at no cost to such individual, consumer credit reports on a quarterly basis for a period of 2 years, credit monitoring or any other service that enables consumers to detect the misuse of sensitive personally identifiable information for a period of 2 years, and instructions to the individual on requesting such reports or service from the agency or business entity; (6) notice that the individual is entitled to receive a security freeze and that the agency or business entity will be liable for any costs associated with the security freeze for 2 years and the necessary instructions for requesting a security freeze; and (7) notice that any costs or damages incurred by an individual as a result of a security breach will be paid by the business entity or agency that experienced the security breach. (b) Telephone notice Telephone notice described in section 213(2) shall include, to the extent possible— (1) notification that a security breach has occurred and that the individual’s sensitive personally identifiable information may have been compromised; (2) a description of the categories of sensitive personally identifiable information that were, or are reasonably believed to have been, accessed or acquired by an unauthorized person; (3) a toll-free number and website— (A) that the individual may use to contact the agency or business entity, or the authorized 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 remedies available to that individual; and (4) an alert to the individual that the agency or business entity is sending or has sent written notification containing additional information as required under section 213(1)(A). (c) Public notice Public notice described in section 213(3) shall include— (1) electronic notice, which includes— (A) notification that a security breach has occurred and that the individual’s sensitive personally identifiable information may have been compromised; (B) a description of the categories of sensitive personally identifiable information that were, or are reasonably believed to have been, accessed or acquired by an unauthorized person; and (C) a toll-free number and website— (i) that the individual may use to contact the agency or business entity, or the authorized agent of the agency or business entity; and (ii) from which the individual may learn what types of sensitive personally identifiable information the agency or business entity maintained about that individual and remedies available to that individual; and (2) media notice, which includes— (A) 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; (B) a toll-free number— (i) that the individual may use to contact the agency or business entity, or the authorized agent of the agency or business entity; and (ii) from which the individual may learn what types of sensitive personally identifiable information the agency or business entity maintained about that individual and remedies available to that individual; (C) the toll-free contact telephone numbers, websites, and addresses for the major credit reporting agencies; (D) the telephone numbers and websites for the relevant Federal agencies that provide information regarding identity theft prevention and protection; (E) notice that the affected individuals are entitled to receive, at no cost to such individuals, consumer credit reports on a quarterly basis for a period of 2 years, credit monitoring, or any other service that enables consumers to detect the misuse of sensitive personally identifiable information for a period of 2 years; (F) notice that the individual is entitled to receive a security freeze and that the agency or business entity will be liable for any costs associated with the security freeze for 2 years; and (G) notice that the individual is entitled to receive compensation from the business entity or agency for any costs or damages incurred by the individual resulting from the security breach. (d) Additional content Notwithstanding section 221, a State may require that a notice under subsection (a) shall also include information regarding victim protection assistance provided for by that State. (e) 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. Remedies for security breach (a) Credit reports and credit monitoring An agency or business entity required to provide notification under this subtitle shall, upon request of an individual whose sensitive personally identifiable information was included in the security breach, provide or arrange for the provision of, to each such individual and at no cost to such individual— (1) consumer credit reports from not fewer than 1 of the major credit reporting agencies beginning not later than 60 days following the request of the individual and continuing on a quarterly basis for a period of 2 years thereafter; and (2) a credit monitoring or other service that enables consumers to detect the misuse of their personal information, beginning not later than 60 days following the request of the individual and continuing for a period of 2 years. (b) Security freeze (1) Request Any consumer may submit a written request, by certified mail or such other secure method as authorized by a credit rating agency, to a credit rating agency to place a security freeze on the credit report of the consumer. (2) Implementation of security freeze Upon receipt of a written request under paragraph (1), a credit rating agency shall— (A) not later than 5 business days after receipt of the request, place a security freeze on the credit report of the consumer; and (B) not later than 10 business days after placing a security freeze, send a written confirmation of such security freeze to the consumer, which shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of the credit report of the consumer to a third party or for a specified period of time. (3) Duration of security freeze Except as provided in paragraph (4), any security freeze authorized pursuant to the provisions of this section shall remain in effect until the consumer requests security freeze to be removed. (4) Disclosure of credit report to third party (A) In general If a consumer that has requested a security freeze under this subsection wishes to authorize the disclosure of the credit report of the consumer to a third party, or for a specified period of time, while such security freeze is in effect, the consumer shall contact the credit rating agency and provide— (i) proper identification; (ii) the unique personal identification number or password described in paragraph (2)(B); and (iii) proper information regarding the third party who is to receive the credit report or the time period for which the credit report shall be available. (B) Requirement Not later than 3 business days after receipt of a request under subparagraph (A), a credit rating agency shall lift the security freeze. (5) Procedures (A) In general A credit rating agency shall develop procedures to receive and process requests from consumers under paragraph (2) of this section. (B) Requirement Procedures developed under subparagraph (A), at a minimum, shall include the ability of a consumer to send such temporary lift or removal request by electronic mail, letter, telephone, or facsimile. (6) Requests by third party If a third party requests access to a credit report of a consumer that has been frozen under this subsection and the consumer has not authorized the disclosure of the credit report of the consumer to the third party, the third party may deem such credit application as incomplete. (7) Determination by credit rating agency (A) In general A credit rating agency may refuse to implement or may remove a security freeze under this subsection if the agency determines, in good faith, that— (i) the request for a security freeze was made as part of a fraud that the consumer participated in, had knowledge of, or that can be demonstrated by circumstantial evidence; or (ii) the consumer credit report was frozen due to a material misrepresentation of fact by the consumer. (B) Notice If a credit rating agency makes a determination under subparagraph (A) to not implement, or to remove, a security freeze under this subsection, the credit rating agency shall notify the consumer in writing of such determination— (i) in the case of a determination not to implement a security freeze, not later than 5 business days after the determination is made; and (ii) in the case of a removal of a security freeze, prior to removing the freeze on the credit report of the consumer. (8) Rule of construction (A) In general Nothing in this section shall be construed to prohibit disclosure of a credit report of a consumer to— (i) a person, or the person's subsidiary, affiliate, agent or assignee with which the consumer has or, prior to assignment, had an account, contract or debtor-creditor relationship for the purpose of reviewing the account or collecting the financial obligation owing for the account, contract or debt; (ii) a subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under paragraph (4) for the purpose of facilitating the extension of credit or other permissible use; (iii) any person acting pursuant to a court order, warrant, or subpoena; (iv) any person for the purpose of using such credit information to prescreen as provided by the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (v) any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; (vi) a credit rating agency for the sole purpose of providing a consumer with a copy of the credit report of the consumer upon the request of the consumer; or (vii) a Federal, State or local governmental entity, including a law enforcement agency, or court, or their agents or assignees pursuant to their statutory or regulatory duties; and (viii) any person for the sole purpose of providing a remedy requested by an individual under this section. (B) Reviewing the account For purposes of this subsection, reviewing the account (9) Exceptions The following persons shall not be required to place a security freeze under this subsection, but shall be subject to any security freeze placed on a credit report by another credit rating agency: (A) A check services or fraud prevention services company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers or similar methods of payment. (B) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution. (C) A credit rating agency that— (i) acts only to resell credit information by assembling and merging information contained in a database of 1 or more credit reporting agencies; and (ii) does not maintain a permanent database of credit information from which new credit reports are produced. (10) Fees (A) In general A credit rating agency may charge reasonable fees for each security freeze, removal of such freeze or temporary lift of such freeze for a period of time, and a temporary lift of such freeze for a specific party. (B) Requirement Any fees charged under subparagraph (A) shall be borne by the agency or business entity providing notice under section 214 for 2 years following the establishment of the security freeze under this subsection. (c) Costs resulting from a security breach (1) In general A business entity or agency that experiences a security breach and is required to provide notice under this subtitle shall pay, upon request, to any individual whose sensitive personally identifiable information has been, or is reasonably believed to have been, accessed or acquired as a result of such security breach, any costs or damages incurred by the individual as a result of such security breach, including costs associated with identity theft suffered as a result of such security breach. (2) Compliance A business entity or agency shall be deemed in compliance with this subsection if the business entity or agency— (A) provides insurance to any individual whose sensitive personally identifiable information has been, or is reasonably believed to have been, accessed or acquired as a result of a security breach and such insurance is sufficient to compensate the consumer for not less than $25,000 of costs or damages; or (B) pays, without unreasonable delay, any actual costs or damages incurred by an individual as a result of the security breach. 216. Notice to 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) 217. Notice to law enforcement (a) Designation of a 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, in consultation with the Attorney General, shall designate a Federal Government entity to receive the information required to be submitted under this subtitle, 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 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 identifiable 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 review of thresholds (1) Review Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission, in consultation with the Attorney General and the Secretary of Homeland Security, shall promulgate regulations regarding the reports required under subsection (a). (2) Rulemaking 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 (d) Timing of notices The notices required under this section shall be delivered as follows: (1) Notice under subsection (a) shall be delivered as promptly as possible, but not later than 10 days after discovery of the security breach. (2) Notice under section 211 shall be delivered to individuals not later than 48 hours after the Federal Bureau of Investigation or the Secret Service receives notice of a security breach from an agency or business entity. 218. Federal enforcement (a) Civil actions by the Attorney General (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 $500 per day per individual whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, up to a maximum of $20,000,000 per violation, unless such conduct is found to be willful or intentional. (2) Presumption A violation of section 212(b)(2)(C) shall be presumed to be willful or intentional conduct. (b) 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. (c) Civil actions by the Federal trade commission (1) In general Compliance with the requirements imposed under subtitle A and 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) 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) (d) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (1) the degree of culpability of the business entity; (2) any prior violations of this subtitle by the business entity; (3) the ability of the business entity to pay a civil penalty; (4) the effect on the ability of the business entity to continue to do business; (5) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (6) the relative cost of compliance with this subtitle; and (7) such other matters as justice may require. (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 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 manner 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) , or evidence that the consumer has received notice that the consumer's financial information has or may have been compromised, identity theft report 219. Enforcement by State attorneys general (a) In general (1) Civil actions (A) In general 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 or any other court of competent jurisdiction, including a State court, to— (i) enjoin that practice; (ii) enforce compliance with this subtitle; or (iii) obtain civil penalties of not more than $500 per day per individual whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, up to a maximum of $20,000,000 per violation, unless such conduct is found to be willful or intentional. (B) Presumption A violation of section 212(b)(2)(C) shall be presumed to be willful or intentional. (2) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (A) the degree of culpability of the business entity; (B) any prior violations of this subtitle by the business entity; (C) the ability of the business entity to pay a civil penalty; (D) the effect on the ability of the business entity to continue to do business; (E) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (F) the relative cost of compliance with this subtitle; and (G) such other matters as justice may require. (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 218 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 has instituted a proceeding or action for a violation of this subtitle or any regulations thereunder, no attorney general of a State may, during the pendency of such proceeding or action, bring an action under this subtitle against any defendant named in such criminal proceeding or civil action for any violation that is alleged in that proceeding or 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 of title 28, United States Code; or (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. 220. Supplemental enforcement by individuals (a) In general Any person aggrieved by a violation of the provisions of section 211, 213, 214, 215, or 216 by a business entity may bring a civil action in a court of appropriate jurisdiction to recover for personal injuries sustained as a result of the violation. (b) Authority To bring civil action; jurisdiction As provided in subsection (c), an individual may commence a civil action on his own behalf against any business entity who is alleged to have violated the provisions of this subtitle. (c) Remedies in a citizen suit (1) Damages Any individual harmed by a failure of a business entity to comply with the provisions of section 211, 213, 214, 215, or 216 shall be able to collect damages of not more than $500 per day per individual whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, up to a maximum of $20,000,000 per violation. (2) Punitive damages A business entity may be liable for punitive damages if the business entity— (A) intentionally or willfully violates the provisions of section 211, 213, 214, 215, or 216; or (B) failed to comply with the requirements of subsections (a) through (d) of section 202. (3) Equitable relief A business entity that violates the provisions of section 211, 213, 214, 215, or 216 may be enjoined to provide required remedies under section 215 by a court of competent jurisdiction. (d) Other rights and remedies The rights and remedies available under this subsection are cumulative and shall not affect any other rights and remedies available under law. (e) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes (1) Waiver of rights and remedies The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment including by a predispute arbitration agreement. (2) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section. (f) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (1) the degree of culpability of the business entity; (2) any prior violations of this subtitle by the business entity; (3) the ability of the business entity to pay a civil penalty; (4) the effect on the ability of the business entity to continue to do business; (5) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (6) the relative cost of compliance with this subtitle; and (7) such other matters as justice may require. 221. Relation to other laws (a) In general The provisions of this subtitle shall supersede any other provision of Federal law or any provision of law of any State relating to notification by a business entity engaged in interstate commerce or an agency of a security breach, except as provided in this subsection. (b) Limitations (1) State common law Nothing in this subtitle shall be construed to exempt any entity from liability under common law, including through the operation of ordinary preemption principles, and including liability through State trespass, contract, or tort law, for damages caused by the failure to notify an individual following a security breach. (2) Gramm-leach-bliley Act Nothing in this Act shall supersede the data security requirements of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (3) Health Privacy (A) To the extent that a business entity acts as a covered entity or a business associate under the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17932), and has the obligation to provide breach notification under that Act or its implementing regulations, the requirements of this Act shall not apply. (B) To the extent that a business entity acts as a vendor of personal health records, a third-party service provider, or other entity subject to the Health Information Technology for Economical and Clinical Health Act ( 42 U.S.C. 17937 222. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to cover the costs incurred by the United States Secret Service to carry out investigations and risk assessments of security breaches as required under this subtitle. 223. Reporting on risk assessment exemptions The United States Secret Service and the Federal Bureau of Investigation shall report to Congress not later than 18 months after the date of enactment of this Act, and upon the request by Congress thereafter, on— (1) 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 the response of the United States Secret Service and the Federal Bureau of Investigation to such notices; and (2) the number and nature of security breaches subject to the national security and law enforcement exemptions under section 212(a), provided that such report may not disclose the contents of any risk assessment provided to the United States Secret Service and the Federal Bureau of Investigation pursuant to this subtitle. C Post-Breach technical information clearinghouse 230. Clearinghouse information collection, maintenance, and access (a) In general The designated entity shall maintain a clearinghouse of technical information concerning system vulnerabilities identified in the wake of security breaches, which shall— (1) contain information disclosed by agencies or business entities under subsection (b); and (2) be accessible to certified entities under subsection (c). (b) Post-Breach technical notification In any instance in which an agency or business entity is required to notify the designated entity under section 217, the agency or business entity shall also provide the designated entity with technical information concerning the nature of the security breach, including— (1) technical information regarding any system vulnerabilities of the agency or business entity revealed by or identified as a consequence of the security breach; (2) technical information regarding any system vulnerabilities of the agency or business entity actually exploited during the security breach; and (3) any other technical information concerning the nature of the security breach deemed appropriate for collection by the designated entity in furtherance of this subtitle. (c) Access to clearinghouse Any entity certified under subsection (d) may review information maintained by the technical information clearinghouse for the purpose of preventing security breaches that threaten the security of sensitive personally identifiable information. (d) Certification for access The designated entity shall issue and revoke certifications to agencies and business entities wishing to review information maintained by the technical information clearinghouse and shall establish conditions for obtaining and maintaining such certifications, including agreement that any information obtained directly or derived indirectly from the review of information maintained by the technical information clearinghouse— (1) shall only be used to improve the security and reduce the vulnerability of networks that collect, access, transmit, use, store, or dispose of sensitive personally identifiable information; (2) may not be used for any competitive commercial purpose; and (3) may not be shared with any third party, including other parties certified for access to the information clearinghouse, without the express written consent of the designated entity. (e) Rulemaking In consultation with the private sector, appropriate representatives of State and local governments, and other appropriate Federal agencies, the designated entity may issue such 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 553 231. Protections for clearinghouse participants (a) Protection of proprietary information To the extent feasible, the designated entity shall ensure that any technical information disclosed to the designated entity under this subtitle shall be stored in a format designed to protect proprietary business information from inadvertent disclosure. (b) Anonymous data release To the extent feasible, the designated entity shall ensure that all information stored in the technical information clearinghouse and accessed by certified parties is presented in a form that minimizes the potential for such information to be traced to a particular network, company, or security breach incident. (c) Protection from public disclosure Except as otherwise provided in this subtitle— (1) security and vulnerability information collected under this section and provided to the Federal Government, including aggregated analysis and data, shall be exempt from disclosure under section 552(b)(3) (2) under section 230(e), security and vulnerability-related information provided to the Federal Government under this section, including aggregated analysis and data, shall be protected from public disclosure, except that this paragraph— (A) does not prohibit the sharing of such information, as the designated entity determines to be appropriate, in order to mitigate cybersecurity threats or further the official functions of a government agency; and (B) does not authorized such information to be withheld from a committee of Congress authorized to request the information. (d) Protection of classified information Nothing in this subtitle permits the unauthorized disclosure of classified information. 232. Effective date This subtitle shall take effect on the expiration of the date that is 90 days after the date of enactment of this Act. III Access to and use of commercial data 301. General services administration review of contracts (a) In general In considering contract awards totaling more than $500,000 and entered into after the date of enactment of this Act with data brokers, the Administrator of the General Services Administration shall evaluate— (1) the data privacy and security program of a data broker to ensure the privacy and security of data containing sensitive personally identifiable information, including whether such program adequately addresses privacy and security threats created by malicious software or code, or the use of peer-to-peer file sharing software; (2) the compliance of a data broker with such program; (3) the extent to which the databases and systems containing sensitive personally identifiable information of a data broker have been compromised by security breaches; and (4) the response by a data broker to such breaches, including the efforts by such data broker to mitigate the impact of such security breaches. (b) Compliance safe harbor The data privacy and security program of a data broker shall be deemed sufficient for the purposes of subsection (a), if the data broker complies with or provides protection equal to industry standards, 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 data broker. (c) Penalties In awarding contracts with data brokers for products or services related to access, use, compilation, distribution, processing, analyzing, or evaluating sensitive personally identifiable information, the Administrator of the General Services Administration shall— (1) include monetary or other penalties— (A) for failure to comply with subtitles A and B of title II; or (B) if a contractor knows or has reason to know that the sensitive personally identifiable information being provided is inaccurate, and provides such inaccurate information; and (2) require a data broker that engages service providers not subject to subtitle A of title II for responsibilities related to sensitive personally identifiable information to— (A) exercise appropriate due diligence in selecting those service providers for responsibilities related to sensitive personally identifiable information; (B) take reasonable steps to select and retain service providers that are capable of maintaining appropriate safeguards for the security, privacy, and integrity of the sensitive personally identifiable information at issue; and (C) require such service providers, by contract, to implement and maintain appropriate measures designed to meet the objectives and requirements in title II. (d) Limitation The penalties under subsection (c) shall not apply to a data broker providing information that is accurately and completely recorded from a public record source or licensor. 302. Requirement to audit information security practices of contractors and third-party business entities Section 3544(b) (1) in paragraph (7)(C)(iii), by striking and (2) in paragraph (8), by striking the period and inserting ; and (3) by adding at the end the following: (9) procedures for evaluating and auditing the information security practices of contractors or third-party business entities supporting the information systems or operations of the agency involving sensitive personally identifiable information (as that term is defined in section 3 of the Personal Data Protection and Breach Accountability Act of 2014 . 303. Privacy impact assessment of government use of commercial information services containing sensitive personally identifiable information (a) In general Section 208(b)(1) of the E-Government Act of 2002 ( 44 U.S.C. 3501 (1) in clause (i), by striking or (2) in clause (ii)(II), by striking the period and inserting ; or (3) by adding at the end the following: (iii) purchasing or subscribing for a fee to sensitive personally identifiable information from a data broker (as such terms are defined in section 3 of the Personal Data Protection and Breach Accountability Act of 2014 . (b) Limitation Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, no Federal agency may enter into a contract with a data broker to access for a fee any database consisting primarily of sensitive personally identifiable information concerning United States persons (other than news reporting or telephone directories) unless the head of the agency— (1) completes a privacy impact assessment under section 208 of the E-Government Act of 2002 ( 44 U.S.C. 3501 (A) such database; (B) the name of the data broker from whom it is obtained; and (C) the amount of the contract for use; (2) adopts regulations that specify— (A) the personnel permitted to access, analyze, or otherwise use such databases; (B) standards governing the access, analysis, or use of such databases; (C) any standards used to ensure that the sensitive personally identifiable information accessed, analyzed, or used is the minimum necessary to accomplish the intended legitimate purpose of the Federal agency; (D) standards limiting the retention and redisclosure of sensitive personally identifiable information obtained from such databases; (E) procedures ensuring that such data meet standards of accuracy, relevance, completeness, and timeliness; (F) the auditing and security measures to protect against unauthorized access, analysis, use, or modification of data in such databases; (G) applicable mechanisms by which individuals may secure timely redress for any adverse consequences wrongly incurred due to the access, analysis, or use of such databases; (H) mechanisms, if any, for the enforcement and independent oversight of existing or planned procedures, policies, or guidelines; and (I) an outline of enforcement mechanisms for accountability to protect individuals and the public against unlawful or illegitimate access or use of databases; and (3) incorporates into the contract or other agreement totaling more than $500,000, provisions— (A) providing for penalties— (i) for failure to comply with title II of this Act; or (ii) if the entity knows or has reason to know that the sensitive personally identifiable information being provided to the Federal department or agency is inaccurate, and provides such inaccurate information; and (B) requiring a data broker that engages service providers not subject to subtitle A of title II of this Act for responsibilities related to sensitive personally identifiable information to— (i) exercise appropriate due diligence in selecting those service providers for responsibilities related to sensitive personally identifiable information; (ii) take reasonable steps to select and retain service providers that are capable of maintaining appropriate safeguards for the security, privacy, and integrity of the sensitive personally identifiable information at issue; and (iii) require such service providers, by contract, to implement and maintain appropriate measures designed to meet the objectives and requirements in title II of this Act. (c) Limitation on penalties The penalties under subsection (b)(3)(A) shall not apply to a data broker providing information that is accurately and completely recorded from a public record source. (d) Study of government use (1) Scope of study Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and audit and prepare a report on Federal agency actions to address the recommendations in the Government Accountability Office's April 2006 report on agency adherence to key privacy principles in using data brokers or commercial databases containing sensitive personally identifiable information. (2) Report A copy of the report required under paragraph (1) shall be submitted to Congress. 304. FBI report on reported breaches and compliance (a) In general Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Federal Bureau of Investigation, in coordination with the Secret Service, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding any reported breaches at agencies or business entities during the preceding year. (b) Report content Such reporting shall include— (1) the total instances of breaches of security in the previous year; (2) the percentage of breaches described in subsection (a) that occurred at an agency or business entity that did not comply with the personal data privacy and security program under section 202; and (3) recommendations, if any, for modifying or amending this Act to increase its effectiveness. 305. Department of Justice report on enforcement actions Section 529 (c) Not later than 1 year after the date of enactment of the Personal Data Protection and Breach Accountability Act of 2014 Personal Data Protection and Breach Accountability Act of 2014 . 306. Report on notification effectiveness (a) In general Not later than 1 year after the date of enactment of this Act, and each year thereafter, the designated entity, in coordination with the Attorney General and the Federal Trade Commission, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding the effectiveness of post-breach notification practices by agencies and business entities. (b) Report content The report required under subsection (a) shall include— (1) in each instance of a breach of security, the amount of time between the instance of the breach and the discovery of the breach by the affected business entity; (2) in each instance of a breach of security, the amount of time between the discovery of the breach by the affected business entity and the notification to the Federal Bureau of Investigation and the United States Secret Service; and (3) in each instance of a breach of security, the amount of time between the discovery of the breach by the affected business entity and the notification to individuals whose sensitive personally identifiable information was compromised. IV Compliance with Statutory Pay-As-You-Go Act 401. 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 Protection and Breach Accountability Act of 2014

Bipartisan Sportsmen's Act of 2014 - Title I: Regulatory Reforms - Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps. Sets forth state electronic duck stamp application requirements. Allows the Secretary to determine the number of new states permitted per year to participate in the electronic duck stamp program. Instructs the Secretary to require electronic stamp revenue and customer information collected by each state to be transmitted in accordance with a written agreement between the Secretary and the state. 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. Amends the Pittman-Robertson Wildlife Restoration Act to: (1) authorize a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorize a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for such costs; (3) limit the federal share of such costs under such Act to 90%; and (4) require amounts provided for such costs under such Act to remain available for expenditure and obligation for five fiscal years. Shields the United States from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function. Urges the Chief of the Forest Service and the Director of BLM to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training. Amends the Fish and Wildlife Improvement Act of 1978 to exempt an authorized taking of migratory birds and collection of their eggs by indigenous inhabitants of Alaska from the prohibition on taking under the Migratory Bird Hunting and Conservation Stamp Act. Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person who submits proof that the polar bear was legally harvested before May 15, 2008 (currently by February 18, 1997), when polar bears were listed as a threatened species by the Department of the Interior. Amends the Migratory Bird Treaty Act to permit the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over land that: (1) is not a baited area; and (2) contains a standing crop (including an aquatic crop), standing, flooded, or manipulated natural vegetation, flooded harvested cropland, or an area on which seed or grain has been scattered solely as the result of a normal agricultural practice or is land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster that is declared a major disaster by the President in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Requires a federal public land management official, in cooperation with the respective state and fish and wildlife agency, to exercise the authority of the official under law, including regarding land use planning, to facilitate the use of, and access to, federal public land for hunting, recreational fishing, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates hunting, recreational fishing, and recreational shooting opportunities, to the extent authorized under applicable law. Requires that Bureau of Land Management (BLM) and Forest Service land, excluding land on the Outer Continental Shelf, be open to hunting, recreational fishing, or recreational shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such land for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Allows agencies to: (1) lease or permit use of federal public land for recreational shooting ranges, and (2) designate specific land for recreational shooting activities. Excepts from such use or designation land including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. Requires annual reports on closures of federal public lands to hunting, recreational fishing, or recreational shooting. Sets forth requirements for specified closures or significant restrictions involving 1280 or more contiguous acres of federal public land or water to hunting or recreational fishing or related activities. Instructs federal public land agencies to consult with the advisory councils specified in Executive Orders 12962 (relating to recreational fisheries) and 13443 (relating to the facilitation of hunting heritage and wildlife conservation) in carrying out this Act. Requires the Secretary and the Secretary of Agriculture (USDA), for any film crew of five persons or fewer, to require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on federal land and waterways administered by the Secretary. Makes such a permit valid for such activities or projects that occur in areas designated for public use during public hours on all federal land and waterways administered by the Secretary for a one-year period. Allows an applicable land management agency to deny access to a film crew if: (1) there is a likelihood of resource damage that cannot be mitigated, (2) there would be an unreasonable disruption of the public use and enjoyment of the site, (3) the activity poses public health or safety risks, and (4) the filming includes the use of models or props that are not part of the land's natural or cultural resources or administrative facilities. Title II: Habitat Conservation - Amends the Land and Water Conservation Fund Act of 1965 to direct the Secretary and the Secretary of Agriculture (USDA) to ensure, from amounts requested for the Land and Water Conservation Fund per fiscal year, that not less than the greater of 1.5% of the requested amounts or $10 million be made available for certain projects identified on an annual priority list to be developed pursuant to this Act. Requires projects identified on such a list to secure, through rights-of-way or the acquisition of lands or interests from willing sellers, recreational public access to existing federal public lands that have significantly restricted access to hunting, fishing, and other recreational purposes. Amends the Federal Land Transaction Facilitation Act (FLTFA) to revoke provisions that terminate: (1) the authority provided under such Act, and (2) the Federal Land Disposal Account. Makes the FLTFA inapplicable to land eligible for sale under specified public land laws. Transfers to the Treasury for budget deficit reduction, for each of FY2014-FY2023, $1 million of the amounts deposited in the Federal Land Disposal Account. Amends the North American Wetlands Conservation Act to extend through FY2019 the authorization of appropriations for allocations to carry out approved wetlands conservation projects. Reauthorizes and revises the National Fish and Wildlife Foundation Establishment Act. Requires the Secretary of the Interior to appoint 28 directors (currently, 23) who are knowledgeable and experienced in matters relating to conservation of fish, wildlife, or other natural resources and represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. Removes limitations on the appointment of such Foundation's officers and employees. Requires the Foundation's Executive Director to be appointed by and serve at the direction of the Board as the chief executive officer and to be knowledgeable and experienced in matters relating to fish and wildlife conservation. Gives the Foundation the power to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. Repeals provisions authorizing the Foundation to establish a national whale conservation endowment fund. Authorizes appropriations for the Foundation for FY2014-FY2019. Authorizes the Foundation to: (1) assess and collect fees for the management of amounts received from federal agencies; and (2) use such federal funds for matching contributions made by private persons, state and local agencies, and other entities (current law requires such use).

113 S1996 PCS: Bipartisan Sportsmen's Act of 2014 U.S. Senate 2014-02-04 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 Calendar No. 304 113th CONGRESS 2d Session S. 1996 IN THE SENATE OF THE UNITED STATES February 4, 2014 Mrs. Hagan Ms. Murkowski Mr. Pryor Mr. Heller Mr. Tester Mr. Hoeven Mr. Begich Mr. Portman Ms. Landrieu Mr. Boozman Mr. Manchin Mr. Vitter February 6, 2014 Read the second time and placed on the calendar A BILL To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Bipartisan Sportsmen's Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Regulatory reforms Sec. 101. Electronic duck stamps. Sec. 102. Modification of definition of sport fishing equipment under the Toxic Substances Control Act. Sec. 103. Target practice and marksmanship. Sec. 104. Exemption for subsistence users. Sec. 105. Permits for importation of polar bear trophies taken in sport hunts in Canada. Sec. 106. Taking of migratory game birds. Sec. 107. Recreational fishing, hunting, and recreational shooting on Federal public land. Sec. 108. Annual permit and fee for film crews of 5 persons or fewer. TITLE II—Habitat conservation Sec. 201. Availability of Land and Water Conservation Fund for recreational public access projects. Sec. 202. Federal Land Transaction Facilitation Act. Sec. 203. North American Wetlands Conservation Act. Sec. 204. National Fish and Wildlife Foundation Establishment Act. I Regulatory reforms 101. Electronic duck stamps (a) Definitions In this section: (1) Actual stamp The term actual stamp 16 U.S.C. 718a et seq. Duck Stamp Act (2) Automated licensing system (A) In general The term automated licensing system (B) Inclusion The term automated licensing system (3) Electronic stamp The term electronic stamp (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this section, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under subsection (c)(3). (4) Secretary The term Secretary (b) Authority to issue electronic duck stamps (1) In general The Secretary may authorize any State to issue electronic stamps in accordance with this section. (2) Consultation The Secretary shall implement this section in consultation with State management agencies. (c) State application (1) Approval of application required The Secretary may not authorize a State to issue electronic stamps under this section unless the Secretary has received and approved an application submitted by the State in accordance with this section. (2) Number of new states The Secretary may determine the number of new States per year to participate in the electronic stamp program. (3) Contents of application The Secretary may not approve a State application unless the application contains— (A) a description of the format of the electronic stamp that the State will issue under this section, including identifying features of the licensee that will be specified on the stamp; (B) a description of any fee the State will charge for issuance of an electronic stamp; (C) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (D) the manner by which the State will transmit electronic stamp customer data to the Secretary; (E) the manner by which actual stamps will be delivered; (F) the policies and procedures under which the State will issue duplicate electronic stamps; and (G) such other policies, procedures, and information as may be reasonably required by the Secretary. (4) Publication of deadlines, eligibility requirements, and selection criteria Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish— (A) deadlines for submission of applications; (B) eligibility requirements for submitting applications; and (C) criteria for approving applications. (d) State obligations and authorities (1) Delivery of actual stamp The Secretary shall require that each individual to whom a State sells an electronic stamp under this section shall receive an actual stamp— (A) by not later than the date on which the electronic stamp expires under subsection (e)(3); and (B) in a manner agreed upon by the State and Secretary. (2) Collection and transfer of electronic stamp revenue and customer information (A) Requirement to transmit The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this subsection— (i) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (ii) the face value amount of each electronic stamp sold by the State; and (iii) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (B) Time of transmittal The Secretary shall require the submission under subparagraph (A) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (C) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under paragraph (3). (3) Electronic stamp issuance fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this section, including costs of delivery of actual stamps. (4) Duplicate electronic stamps A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (5) Limitation on authority to require purchase of state license A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this section. (e) Electronic stamp requirements; recognition of electronic stamp (1) Stamp requirements The Secretary shall require an electronic stamp issued by a State under this section— (A) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (B) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (2) Recognition of electronic stamp Any electronic stamp issued by a State under this section shall, during the effective period of the electronic stamp— (A) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (B) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (C) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (3) Duration An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. (f) Termination of state participation The authority of a State to issue electronic stamps under this section may be terminated— (1) by the Secretary, if the Secretary— (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under subsection (c); and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. 102. Modification of definition of sport fishing equipment under the Toxic Substances Control Act 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 subparagraph (a) of section 4162 of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. . 103. Target practice and marksmanship (a) Findings; purpose (1) Findings Congress finds that— (A) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (B) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (C) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (D) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (i) to promote enjoyment of shooting, recreational, and hunting activities; and (ii) to ensure safe and convenient locations for those activities; (E) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. (F) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (2) Purpose The purpose of this section is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. (b) Definition of public target range In this section, the term public target range (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. (c) Amendments to pittman-robertson wildlife restoration act (1) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) by inserting after paragraph (1) the following: (2) the term public target range (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (2) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) (A) by striking (b) Each State (b) Expenditures for management of wildlife areas and resources (1) In general Except as provided in paragraph (2), each State ; (B) in paragraph (1) (as so designated), by striking construction, operation, operation (C) in the second sentence, by striking The non-Federal share (3) Non-federal share The non-Federal share ; (D) in the third sentence, by striking The Secretary (4) Regulations The Secretary ; and (E) by inserting after paragraph (1) (as designated by subparagraph (A)) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (3) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 (A) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (B) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (C) in subsection (c)(1)— (i) by striking Amounts made (A) In general Except as provided in subparagraph (B), amounts made ; and (ii) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . (d) Sense of congress regarding cooperation It is the sense of Congress that, consistent with applicable laws (including regulations), the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. 104. Exemption for subsistence users Section 3(h)(2) of the Fish and Wildlife Improvement Act of 1978 ( 16 U.S.C. 712(1) A taking authorized under this section shall be exempt from the prohibition on taking under section 1 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a). 105. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5) (D) Polar bear parts (i) In general Notwithstanding subparagraphs (A) and (C)(ii), subsection (d)(3), and sections 101 and 102, the Secretary of the Interior shall, expeditiously after the date on which the expiration of the applicable 30-day period described in subsection (d)(2) expires, issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— (I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or (II) who submitted, with a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested from a polar bear population from which a sport-hunted trophy could be imported before May 15, 2008, in accordance with section 18.30(i) of title 50, Code of Federal Regulations (or a successor regulation) by the person before May 15, 2008. (ii) Applicability of prohibition on the importation of a depleted species (I) Parts legally harvested before February 18, 1997 (aa) In general Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). (bb) Applicability Item (aa) shall not apply to polar bear parts imported before June 12, 1997. (II) Parts legally harvested before May 15, 2008 (aa) In general Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). (bb) Applicability Item (aa) shall not apply to polar bear parts imported before the date of enactment of the Bipartisan Sportsmen's Act of 2014. . 106. Taking of migratory game birds Section 3 of the Migratory Bird Treaty Act ( 16 U.S.C. 704 (c) Exemptions on certain land (1) In general Nothing in this section prohibits the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over land that— (A) is not a baited area; and (B) contains— (i) a standing crop or flooded standing crop, including an aquatic crop; (ii) standing, flooded, or manipulated natural vegetation; (iii) flooded harvested cropland; or (iv) based on the determination of the applicable State office of the Cooperative Extension System of the Department of Agriculture at the request of the Secretary of the Interior— (I) an area on which seed or grain has been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation, or normal soil stabilization practice; or (II) land of an agricultural producer on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (2) Determinations (A) In general For purposes of making a determination under paragraph (1)(B)(iv)(I), each State office of the Cooperative Extension System of the Department of Agriculture shall determine the activities in that State that the State office considers to be a normal agricultural practice in the State, such as mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, or carrying out herbicide treatment. (B) Natural disaster For purposes of making a determination under paragraph (1)(B)(iv)(II), each State office of the Cooperative Extension Service of the Department of Agriculture shall determine that— (i) the crop has been destroyed; and (ii) it would not have been economically practicable to harvest the crop. (C) Revisions A State office may revise a report described in subparagraph (A) as the State office determines to be necessary to reflect changing agricultural practices. . 107. Recreational fishing, hunting, and recreational shooting on Federal public land (a) Definitions In this section: (1) Federal public land (A) In general The term Federal public land (i) owned by the United States; and (ii) managed by a Federal agency (including the Department of the Interior and the Forest Service) for purposes that include the conservation of natural resources. (B) Exclusions The term Federal public land (i) land or water held or managed in trust for the benefit of Indian tribes or individual Indians; (ii) land or water managed by the Director of the National Park Service or the Director of the United States Fish and Wildlife Service; (iii) fish hatcheries; or (iv) conservation easements on private land. (2) Hunting (A) In general The term hunting (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; or (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife. (B) Exclusion The term hunting (3) Recreational fishing The term recreational fishing (A) an activity for sport or pleasure that involves the lawful— (i) catching, taking, or harvesting of fish; or (ii) attempted catching, taking, or harvesting of fish; or (B) any other activity for sport or pleasure that can reasonably be expected to result in the lawful catching, taking, or harvesting of fish. (4) Recreational shooting The term recreational shooting (A) the discharge of a rifle, handgun, or shotgun; or (B) the use of a bow and arrow. (b) Recreational fishing, hunting, and recreational shooting (1) In general Subject to valid existing rights, and in cooperation with the respective State fish and wildlife agency, a Federal public land management official shall exercise the authority of the official under existing law (including provisions regarding land use planning) to facilitate use of and access to Federal public land for recreational fishing, hunting, and recreational shooting except as limited by— (A) any Federal law (including regulations) that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (B) any other Federal law (including regulations) that precludes recreational fishing, hunting, or recreational shooting on specific Federal public land units of Federal public land, or water; and (C) discretionary limitations on recreational fishing, hunting, and recreational shooting determined to be necessary and reasonable, as supported by the best scientific evidence and advanced through a transparent public process. (2) Management Consistent with paragraph (1), the head of each Federal public land management agency shall exercise the land management discretion of the head— (A) in a manner that supports and facilitates recreational fishing, hunting, and recreational shooting opportunities; (B) to the extent authorized under applicable State law; and (C) in accordance with applicable Federal law. (3) Planning (A) Effects of plans and activities (i) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or recreational shooting Federal public land planning documents (including land resources management plans, resource management plans, travel management plans, and energy development plans) shall include a specific evaluation of the effects of the plans on opportunities to engage in recreational fishing, hunting, or recreational shooting. (ii) Other activity not considered (I) In general Federal public land management officials shall not be required to consider the existence or availability of recreational fishing, hunting, or recreational shooting opportunities on private or public land that is located adjacent to, or in the vicinity of, Federal public land for purposes of— (aa) planning for or determining which units of Federal public land are open for recreational fishing, hunting, or recreational shooting; or (bb) setting the levels of use for recreational fishing, hunting, or recreational shooting on Federal public land. (II) Enhanced opportunities Federal public land management officials may consider the opportunities described in subclause (I) if the combination of those opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (B) Use of volunteers If hunting is prohibited by law, all Federal public land planning documents described in subparagraph (A)(i) of an agency shall, after appropriate coordination with State fish and wildlife agencies, allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public land unless the head of the agency demonstrates, based on the best scientific data available or applicable Federal law, why skilled volunteers should not be used to control overpopulation of wildlife on the land that is the subject of the planning document. (4) Bureau of land management and forest service land (A) Land open (i) In general Land under the jurisdiction of the Bureau of Land Management or the Forest Service (including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas, but excluding land on the outer Continental Shelf) shall be open to recreational fishing, hunting, and recreational shooting unless the managing Federal public land agency acts to close the land to the activity. (ii) Motorized access Nothing in this subparagraph authorizes or requires motorized access or the use of motorized vehicles for recreational fishing, hunting, or recreational shooting purposes within land designated as a wilderness study area or administratively classified as wilderness eligible or suitable. (B) Closure or restriction Land described in subparagraph (A)(i) may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law, as determined appropriate by the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable. (C) Shooting ranges (i) In general Except as provided in clause (iii), the head of each Federal public land agency may use the authorities of the head, in a manner consistent with this section and other applicable law— (I) to lease or permit use of land under the jurisdiction of the head for shooting ranges; and (II) to designate specific land under the jurisdiction of the head for recreational shooting activities. (ii) Limitation on liability Any designation under clause (i)(II) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any recreational shooting activity occurring at or on the designated land. (iii) Exception The head of each Federal public land agency shall not lease or permit use of Federal public land for shooting ranges or designate land for recreational shooting activities within including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. (5) Report Not later than October 1 of every other year, beginning with the second October 1 after the date of enactment of this Act, the head of each Federal public land agency who has authority to manage Federal public land on which recreational fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (A) any Federal public land administered by the agency head that was closed to recreational fishing, hunting, or recreational shooting at any time during the preceding year; and (B) the reason for the closure. (6) Closures or significant restrictions of 1,280 or more acres (A) In general Other than closures established or prescribed by land planning actions referred to in paragraph (4)(B) or emergency closures described in subparagraph (C), a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land or water that effectively closes or significantly restricts 1,280 or more contiguous acres of Federal public land or water to access or use for recreational fishing or hunting or activities relating to fishing or hunting shall take effect only if, before the date of withdrawal or change, the head of the Federal public land agency that has jurisdiction over the Federal public land or water— (i) publishes appropriate notice of the withdrawal or change, respectively; (ii) demonstrates that coordination has occurred with a State fish and wildlife agency; and (iii) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (B) Aggregate or cumulative effects If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts or affects 1,280 or more acres of land or water, the withdrawals and changes shall be treated as a single withdrawal or change for purposes of subparagraph (A). (C) Emergency closures (i) In general Nothing in this section prohibits a Federal public land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area of Federal public land to provide for public safety, resource conservation, national security, or other purposes authorized by law. (ii) Termination An emergency closure under clause (i) shall terminate after a reasonable period of time unless the temporary closure is converted to a permanent closure consistent with this section. (7) No priority Nothing in this section requires a Federal agency to give preference to recreational fishing, hunting, or recreational shooting over other uses of Federal public land or over land or water management priorities established by other Federal law. (8) Consultation with councils In carrying out this section, the heads of Federal public land agencies shall consult with the appropriate advisory councils established under Executive Order 12962 ( 16 U.S.C. 1801 16 U.S.C. 661 (9) Authority of states (A) In general Nothing in this section interferes with, diminishes, or conflicts with the authority, jurisdiction, or responsibility of any State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (B) Federal licenses (i) In general Except as provided in clause (ii), nothing in this subsection authorizes the head of a Federal public land agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the State. (ii) Migratory bird stamps Nothing in this subparagraph affects any migratory bird stamp requirement of the Act of March 16, 1934 (16 U.S.C. 718a et seq.)(popularly known as the Duck Stamp Act 108. Annual permit and fee for film crews of 5 persons or fewer (a) Purpose The purpose of this section is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal land and waterways. (b) Special Rules Section 1(a) of Public Law 106–206 16 U.S.C. 460 l (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately; (2) in the first sentence, by striking The Secretary of the Interior (1) In general Except as provided in paragraph (4), the Secretary of the Interior ; (3) in the second sentence, by striking Such fee (2) Criteria The fee established under paragraph (1) ; (4) in the third sentence, by striking The Secretary may (3) Other considerations The Secretary may ; and (5) by adding at the end the following: (4) Special rules for film crews of 5 persons or fewer (A) Definition of film crew In this paragraph, the term film crew (B) Required permit and fee For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary. (C) Commercial filming activities A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit. (D) No additional fees For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B). (E) Use of cameras The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary. (F) Notification required A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land. (G) Denial of access The head of the applicable land management agency may deny access to a film crew under this paragraph if— (i) there is a likelihood of resource damage that cannot be mitigated; (ii) there would be an unreasonable disruption of the use and enjoyment of the site by the public; (iii) the activity poses health or safety risks to the public; or (iv) the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land. . (c) Recovery of Costs Section 1(b) of Public Law 106–206 ( 16 U.S.C. 460 l (1) by striking collect any costs recover any costs (2) by striking similar project similar projects II Habitat conservation 201. Availability of Land and Water Conservation Fund for recreational public access projects (a) Availability of funds Section 3 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–6 3. Availability of funds for certain projects (a) In general Notwithstanding any other provision of this Act, the Secretary of the Interior and the Secretary of Agriculture shall ensure that, of the amounts requested for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects identified on the priority list developed under subsection (b). (b) Priority list The Secretary of the Interior and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for the sites under the jurisdiction of the applicable Secretary. (c) Criteria Projects identified on the priority list developed under subsection (b) shall secure recreational public access to Federal public land in existence as of the date of enactment of this section that has significantly restricted access for hunting, fishing, and other recreational purposes through rights-of-way or acquisition of land (or any interest in land) from willing sellers. . (b) Conforming amendments The Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460 l (1) in the proviso at the end of section 2(c)(2) ( 16 U.S.C. 460 l notwithstanding the provisions of section 3 of this Act (2) in the first sentence of section 9 ( 16 U.S.C. 460 l by section 3 of this Act (3) in the third sentence of section 10 ( 16 U.S.C. 460 l by section 3 of this Act 202. Federal Land Transaction Facilitation Act (a) In general The Federal Land Transaction Facilitation Act is amended— (1) in section 203(2) ( 43 U.S.C. 2302(2) on the date of enactment of this Act was is (2) in section 205 ( 43 U.S.C. 2304 (A) in subsection (a), by striking (as in effect on the date of enactment of this Act) (B) by striking subsection (d); (3) in section 206 ( 43 U.S.C. 2305 (4) in section 207(b) ( 43 U.S.C. 2306(b) (A) in paragraph (1)— (i) by striking 96–568 96–586 (ii) by striking ; or (B) in paragraph (2)— (i) by inserting Public Law 105–263; 112 Stat. (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028); (4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403); (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111–11 (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11 (7) section 2601 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (8) section 2606 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 . (b) Deficit Reduction Of the amounts deposited in the Federal Land Disposal Account, there shall be transferred to the Treasury and used for Federal budget deficit reduction, $1,000,000 for each of fiscal years 2014 through 2023. 203. North American Wetlands Conservation Act Section 7(c) of the North American Wetlands Conservation Act ( 16 U.S.C. 4406(c) (1) in paragraph (4), by striking and (2) in paragraph (5), by striking the period at the end and inserting ; and (3) by adding at the end the following: (6) $50,000,000 for each of fiscal years 2014 through 2019. . 204. National Fish and Wildlife Foundation Establishment Act (a) Board of directors of the Foundation (1) In general Section 3 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3702 (A) in subsection (b)— (i) by striking paragraph (2) and inserting the following: (2) In general After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall— (A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and (B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. ; and (ii) by striking paragraph (3) and inserting the following: (3) Terms Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ; and (B) in subsection (g)(2)— (i) in subparagraph (A), by striking (A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers (A) In general Officers ; and (ii) by striking subparagraph (B) and inserting the following: (B) Executive Director The Foundation shall have an Executive Director who shall be— (i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and (ii) knowledgeable and experienced in matters relating to fish and wildlife conservation. . (2) Conforming amendment Section 4(a)(1)(B) of the North American Wetlands Conservation Act ( 16 U.S.C. 4403(a)(1)(B) Secretary of the Board Executive Director of the Board (b) Rights and obligations of the Foundation Section 4 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3703 (1) in subsection (c)— (A) by striking (c) Powers (c) Powers (1) In general To carry out the purposes described in ; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking that are insured by an agency or instrumentality of the United States at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking paragraph (3) or (4) subparagraph (C) or (D) (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ; and (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: (K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and (L) to do acts necessary to carry out the purposes of the Foundation. ; and (G) by striking the undesignated matter at the end and inserting the following: (2) Treatment of real property (A) In general For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (B) Encumbered real property A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. (3) Savings clause The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts. ; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (c) Authorization of appropriations Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) In general There are authorized to be appropriated to carry out this Act for each of fiscal years 2014 through 2019— (A) $15,000,000 to the Secretary of the Interior; (B) $5,000,000 to the Secretary of Agriculture; and (C) $5,000,000 to the Secretary of Commerce. ; (2) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Amounts from Federal agencies (A) In general In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. (B) Advances Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. (C) Management fees The Foundation may assess and collect fees for the management of amounts received under this paragraph. ; (B) in paragraph (2)— (i) in the paragraph heading, by striking funds amounts (ii) by striking shall be used may be used (iii) by striking and State and local government agencies , State and local government agencies, and other entities (C) by adding at the end the following: (3) Administration of amounts (A) In general In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is— (i) to address an environmental emergency resulting from a natural or other disaster; or (ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. (B) Reports The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year. ; and (3) by adding at the end the following: (d) Use of gifts, devises, or bequests of money or other property Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. . (d) Limitation on authority Section 11 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3710 exclusive authority February 6, 2014 Read the second time and placed on the calendar

Bipartisan Sportsmen's Act of 2014

Dry-Redwater Regional Water Authority System Act of 2014 - Authorizes the Secretary of the Interior to carry out the project entitled the "Dry-Redwater Regional Water Authority System" in accordance with the plans described in the "Dry-Redwater Regional Water System Feasibility Study" if the Secretary determines that the project is feasible. Directs the Secretary to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the System for specified counties in Montana and North Dakota. Limits the federal share of planning, design, and construction of the System to 75% of the total cost, or such other lesser amount as may be determined by the Commissioner of Reclamation in a feasibility report. Delineates the components of System facilities for which federal funds may be expended. Prohibits federal funds from being used for the System's operation, maintenance, or replacement. Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required, up to one and a half megawatt capacity, to meet the System's pumping and incidental operation requirements between May 1 and October 31 of each year from the water intake facilities and through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. Makes the System eligible to receive such power only if it operates on a nonprofit basis and is constructed pursuant to the cooperative agreement. Sets forth provisions regarding the purchase of additional power, the Authority's responsibility for power charges and non-federal delivery costs, and the System's responsibility for non-federal transmission and distribution system delivery and service arrangements and for funding any transmission upgrades required to the integrated system necessary to deliver power to the System.

113 S1997 IS: Dry-Redwater Regional Water Authority System Act of 2014 U.S. Senate 2014-02-06 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. 1997 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Baucus Committee on Energy and Natural Resources A BILL To authorize the Dry-Redwater Regional Water Authority System. 1. Short title This Act may be cited as the Dry-Redwater Regional Water Authority System Act of 2014 2. Purpose The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of— (1) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (2) McKenzie County, North Dakota. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Authority The term Authority (A) the Dry-Redwater Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. § 75–6–302 (2007); and (B) any nonprofit successor entity. (3) Integrated system The term integrated system (4) Non-Federal distribution system The term non-Federal distribution system (5) Pick-Sloan program The term Pick-Sloan program Flood Control Act of 1944 (6) Secretary The term Secretary (7) State The term State (8) Water System The term Water System (A) the Garfield and McCone Counties of the State; (B) the area west of the Yellowstone River in Dawson and Richland Counties of the State; (C) Township 15N (including the area north of the Township) in Prairie County of the State; and (D) the portion of McKenzie County, North Dakota that includes all land that is located west of the Yellowstone River in the State of North Dakota. 4. Dry-Redwater Regional Water Authority System (a) Authorization (1) In general If the Secretary, acting through the Commissioner of the Bureau of Reclamation, determines that the project is feasible, the Secretary is authorized to carry out the project entitled Dry-Redwater Regional Water Authority System Dry-Redwater Regional Water System Feasibility Study 43 U.S.C. 2405(a) (2) Cooperative agreement The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Water System. (b) Cost sharing (1) Federal share (A) In general The Federal share of the costs relating to the planning, design, and construction of the Water System shall not exceed— (i) 75 percent of the total cost of the Water System; or (ii) such other lesser amount as may be determined by the Secretary, acting through the Commissioner of Reclamation in a feasibility report. (B) Limitation Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws. (2) Use of Federal funds (A) In general Subject to subparagraph (B), Federal funds made available to carry out this section may be used for— (i) facilities relating to— (I) water intake; (II) water pumping; (III) water treatment; and (IV) water storage; (ii) transmission pipelines and pumping stations; (iii) appurtenant buildings, maintenance equipment, and access roads; (iv) any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system; (v) distribution, pumping, and storage facilities that— (I) serve the needs of citizens who use public water systems; (II) are in existence on the date of enactment of this Act; and (III) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(2); (vi) electrical power transmission and distribution facilities required for the operation and maintenance of the Water System; (vii) any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and (viii) any property or property right required for the construction or operation of a facility described in this subsection. (B) Limitation Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Water System. (c) Title Title to the Water System shall be held by the Authority. 5. Use of power from Pick-Sloan program (a) Findings Congress finds that McCone and Garfield Counties in the State were designated as impact counties during the period in which the Fort Peck Dam was constructed, and as such, were to receive impact mitigation benefits in accordance with the Pick-Sloan program. (b) Availability of power (1) In general Subject to paragraph (2), the Administrator shall make available to the Water System a quantity of power required, of up to 1 ½ (A) from the water intake facilities; and (B) through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. (2) Eligibility The Water System shall be eligible to receive power under paragraph (1) if the Water System— (A) operates on a not-for-profit basis; and (B) is constructed pursuant to a cooperative agreement entered into by the Secretary under section 4(a)(2). (3) Rate The Administrator shall establish the cost of the power described in paragraph (1) at the firm power rate. (4) Additional power (A) In general If power, in addition to that made available to the Water System under paragraph (1), is necessary to meet the pumping requirements of the Authority, the Administrator may purchase the necessary additional power at the best available rate. (B) Reimbursement The cost of purchasing additional power shall be reimbursed to the Administrator by the Authority. (5) Responsibility for power charges The Authority shall be responsible for the payment of the power charge described in paragraph (4) and non-Federal delivery costs described in paragraph (6). (6) Transmission arrangements (A) In general The Water System shall be responsible for all non-Federal transmission and distribution system delivery and service arrangements. (B) Upgrades The Water System shall be responsible for funding any transmission upgrades, if required, to the integrated system necessary to deliver power to the Water System. (7) Construction Nothing in this section exempts the Water System from the requirements of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. 6. Water rights Nothing in this Act— (1) preempts or affects any State water law; or (2) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State. 7. Authorization of appropriations (a) Authorization of appropriations There are authorized to be appropriated to carry out the planning, design, and construction of the Water System such sums as are necessary, substantially in accordance with the cost estimate set forth in the feasibility study described in section 4(a). (b) Cost indexing The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after January 1, 2008, as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water System.

Dry-Redwater Regional Water Authority System Act of 2014

Native Adult Education and Literacy Act of 2014 - Amends the Adult Education and Family Literacy Act to include Tribal Colleges or Universities as eligible providers of services under that Act. Directs the Secretary of Education to award competitive grants to Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education. Requires grantees to have a multiyear strategy, including performance measures, for increasing the number of adult American Indians, Native Hawaiians, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. Includes among the activities that may be funded by a grant: adult education and literacy services, including workplace literacy services; family literacy services; English literacy programs, including limited English proficiency programs; opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma or its recognized equivalent; and demonstration and research projects and professional development activities designed to develop and identify the most successful means of addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults.

113 S1998 IS: Native Adult Education and Literacy Act of 2014 U.S. Senate 2014-02-06 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. 1998 IN THE SENATE OF THE UNITED STATES February 6, 2014 Ms. Hirono Mr. Moran Mr. Begich Committee on Indian Affairs A BILL To amend the Adult Education and Family Literacy Act to reserve funds for American Indian, Alaska Native, Native Hawaiian, and Tribal College or University adult education and literacy. 1. Short title This Act may be cited as the Native Adult Education and Literacy Act of 2014 2. American Indian, Alaska Native, Native Hawaiian, and Tribal College or University adult education and literacy The Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. (1) in section 203— (A) in paragraph (5)(D), by inserting , including a Tribal College or University education (B) in paragraph (15)(B), by striking tribally controlled community college Tribal College or University (C) by redesignating paragraph (18) as paragraph (19); and (D) by inserting after paragraph (17) the following: (18) Tribal College or University The term Tribal College or University 20 U.S.C. 1059c(b) ; (2) in section 211(a)— (A) in paragraph (2), by striking and (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) shall reserve 2.3 percent to carry out section 244; and ; and (3) by inserting after section 243 the following: 244. American Indian, Alaska Native, Native Hawaiian, and Tribal College or University adult education and literacy (a) Grants and purpose From the amount reserved under section 211(a)(3) for a fiscal year, the Secretary shall award grants to Tribal Colleges or Universities and Native Hawaiian educational organizations— (1) to enable the Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education; and (2) to provide technical assistance to such colleges, universities, and organizations for program administration. (b) Application To be eligible to receive a grant under this section, a Tribal College or University or a Native Hawaiian educational organization shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The Secretary shall, to the extent practicable, prescribe a simplified and streamlined format for such applications that takes into account the limited number of colleges, universities, and organizations that are eligible for assistance under this section. (c) Grants and contracts Funding shall be awarded under this section to Tribal Colleges or Universities or Native Hawaiian educational organizations on a competitive basis through grants, contracts, or cooperative agreements of not less than 3 years in duration. (d) Consideration and inclusion In making awards under this section, the Secretary may take into account the considerations set forth in section 231(e). In no case shall the Secretary make an award to a Tribal College or University or Native Hawaiian educational organization that does not include in its application a description of a multiyear strategy, including performance measures, for increasing the number of adult American Indian, Native Hawaiian, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. (e) Eligible activities Activities that may be carried out under a grant awarded under this section shall include— (1) adult education and literacy services, including workplace literacy services; (2) family literacy services; (3) English literacy programs, including limited English proficiency programs; (4) opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma, or its recognized equivalent; and (5) demonstration and research projects and professional development activities designed to develop and identify the most successful methods and techniques for addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults. (f) Definition of Native Hawaiian educational organization The term Native Hawaiian educational organization (1) serves the adult education and literacy needs and interests of Native Hawaiians; (2) has Native Hawaiians in substantive and policymaking positions within the organization; (3) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization; (4) has demonstrated expertise in the education or training of Native Hawaiian children, youth, or adults; and (5) has demonstrated expertise in research and program development. .

Native Adult Education and Literacy Act of 2014

SCRA Rights Protection Act of 2014 - Amends the Servicemembers Civil Relief Act to allow the use of arbitration to resolve a controversy that arises under a contract with a servicemember (or with a servicemember and spouse jointly) that provides for arbitration, only if all parties to the controversy consent in writing to arbitration after the controversy arises. Allows a servicemember's waiver of any of such Act's rights and protections to be effective only if it is made after a specific dispute has arisen and the dispute is identified in the waiver. Allows a representative of members of an aggrieved class, or a member of such class, to bring a private civil action for a violation of any rights or protections under such Act.

113 S1999 IS: SCRA Rights Protection Act of 2014 U.S. Senate 2014-02-06 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. 1999 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Graham Mr. Reed Committee on Veterans' Affairs A BILL To amend the Servicemembers Civil Relief Act to require the consent of parties to contracts for the use of arbitration to resolve controversies arising under the contracts and subject to provisions of such Act and to preserve the rights of servicemembers to bring class actions under such Act, and for other purposes. 1. Short title This Act may be cited as the SCRA Rights Protection Act of 2014 2. Election of arbitration to resolve controversies under Servicemembers Civil Relief Act (a) In general Section 102 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 512 (d) Written consent required for arbitration Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember’s spouse jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy. . (b) Applicability Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act. 3. Limitation on waiver of rights and protections under Servicemembers Civil Relief Act (a) In general Section 107(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 517(a) (1) in the second sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver to which it applies (2) in the third sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver period of military service (b) Applicability The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act. 4. Preservation of right to bring class action under Servicemembers Civil Relief Act (a) In general Section 802(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 597a(a) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary. . (b) Construction The amendments made by subsection (a) shall not be construed to imply that a person aggrieved by a violation of such Act did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act.

SCRA Rights Protection Act of 2014

SGR Repeal and Medicare Provider Payment Modernization Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) end and remove sustainable growth rate (SGR) methodology from the determination of annual conversion factors in the formula for payment for physicians' services; (2) establish an update to the single conversion factor for 2014 through 2018 of 0.5%, (3) freeze the update to the single conversion factor at 0.00% for 2019 through 2023, and (4) establish an update of 1% for health professionals participating in alternative payment models (APMs) and an update of 0.5% for all other health professionals after 2023. Directs the Medicare Payment Advisory Commission (MEDPAC) to report to Congress on the relationship between: (1) physician and other health professional utilization and expenditures (and their rate of increase) of items and services for which Medicare payment is made, and (2) total utilization and expenditures (and their rate of increase) under Medicare parts A (Hospital Insurance), B (Supplementary Medical Insurance), and D (Voluntary Prescription Drug Benefit Program). Directs MEDPAC to report to Congress on: (1) the payment update for professional services applied under Medicare for 2014 through 2018, (2) the effect of such update on the efficiency, economy, and quality of care provided under such program, (3) the effect of such update on ensuring a sufficient number of providers to maintain access to care by Medicare beneficiaries, and (4) recommendations for any future payment updates for professional services under such program to ensure adequate access to care is maintained for Medicare beneficiaries Revises and consolidates components of the three specified existing performance incentive programs into a merit-based incentive payment system (MIPS) the Secretary of Health and Human Services (HHS) is directed to establish, under which MIPS-eligible professionals (excluding most Alternative Payment Model [APM] participants) receive annual payment increases or decreases based on their performance. Applies the MIPS program to payments for items and services furnished on or after January 1, 2018. Requires specified incentive payments to be made to eligible partial qualifying APM participants. Directs the Secretary to make available on the Physician Compare website of the Centers for Medicare & Medicaid Services (CMS) certain information, including information regarding the performance of MIPS-eligible professionals. Requires the Comptroller General (GAO) to evaluate the MIPS program. Requires GAO to submit to Congress a report that: (1) compares the similarities and differences in the use of quality measures under the original Medicare fee-for-service programs, the Medicare Advantage (MA) program under Medicare part C (Medicare+Choice), selected state Medicaid programs, and private payer arrangements; and (2) make recommendations on how to reduce the administrative burden involved in applying such quality measures. Directs GAO to report to Congress on: (1) whether entities that pool financial risk for physician services can play a role in supporting physician practices in assuming financial risk for treatment of patients, and (2) the transition to an APM of professionals in rural areas, health professional shortage areas, or medically underserved areas. Establishes the Payment Model Technical Advisory Committee to make recommendations to the Secretary on physician-focused payment models. Requires the Secretary to study: (1) the application of federal fraud prevention laws related to APMs; (2) the effect of individuals' socioeconomic status on quality and resource use outcome measures for individuals under Medicare; and (3) the impact of risk factors, race, health literacy, limited English proficiency (LEP), and patient activation, on quality and resource use outcome measures under Medicare. Directs the Secretary to: (1) post on the CMS Internet website a draft plan for the development of quality measures to assess professionals, (2) establish new Healthcare Common Procedure Coding System (HCPCS) codes for chronic care management services, and (3) conduct an education and outreach campaign to inform professionals who furnish items and services under Medicare part B and Medicare part B enrollees of the benefits of chronic care management services. Authorizes the Secretary to: (1) collect and use information on the resources directly or indirectly related to physicians' services in the determination of relative values under the Medicare physician fee schedule; and (2) establish or adjust practice expense relative values using cost, charge, or other data from suppliers or service providers. Revises and expands factors for identification of potentially misvalued codes. Sets an annual target for relative value adjustments for misvalued services. Phases-in of significant relative value unit (RVU) reductions. Directs GAO to study the processes used by the Relative Value Scale Update Committee (RUC) to make recommendations to the Secretary regarding relative values for specific services under the Medicare physician fee schedule. Makes Metropolitan Statistical Areas in California fee schedule areas for Medicare payments. Directs the Secretary to: (1) establish a program to promote the use of appropriate use criteria for certain imaging services furnished by ordering professionals and furnishing professionals, and (2) make publicly available on the CMS Physician Compare website specified information with respect to eligible professionals. Expands the kinds and uses of data available to qualified entities for quality improvement activities. Directs the Secretary to provide Medicare data to qualified clinical data registries to facilitate quality improvement or patient safety. Permits continuing automatic extensions of a Medicare physician and practitioner election to opt-out of the Medicare physician payment system into private contracts. Directs the Secretary to: (1) make publicly available through an appropriate publicly accessible website information on the number and characteristics of opt-out physicians and practitioners, and (2) report to Congress recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. Declares it a national objective to achieve widespread exchange of health information through interoperable certified electronic health record (EHR) technology nationwide by December 31, 2017, as a consequence of a significant federal investment in the implementation of health information technology through the Medicare and Medicaid EHR programs. Directs the Secretary to study the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR products to enable such users to compare directly the functionality and other features of such products. Requires GAO studies on the use of telehealth under federal programs and on remote patient monitoring services.

113 S2000 IS: SGR Repeal and Medicare Provider Payment Modernization Act of 2014 U.S. Senate 2014-02-06 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. 2000 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Baucus Mr. Hatch Committee on Finance A BILL To amend title XVIII of the Social Security Act to repeal the Medicare sustainable growth rate and improve Medicare payments for physicians and other professionals, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the SGR Repeal and Medicare Provider Payment Modernization 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. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services. Sec. 3. Priorities and funding for measure development. Sec. 4. Encouraging care management for individuals with chronic care needs. Sec. 5. Ensuring accurate valuation of services under the physician fee schedule. Sec. 6. Promoting evidence-based care. Sec. 7. Empowering beneficiary choices through access to information on physicians’ services. Sec. 8. Expanding availability of Medicare data. Sec. 9. Reducing administrative burden and other provisions. 2. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services (a) Stabilizing fee updates (1) Repeal of SGR payment methodology Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (A) in subsection (d)— (i) in paragraph (1)(A), by inserting or a subsequent paragraph paragraph (4) (ii) in paragraph (4)— (I) in the heading, by inserting and ending with 2013 years beginning with 2001 (II) in subparagraph (A), by inserting and ending with 2013 a year beginning with 2001 (B) in subsection (f)— (i) in paragraph (1)(B), by inserting through 2013 of each succeeding year (ii) in paragraph (2), in the matter preceding subparagraph (A), by inserting and ending with 2013 beginning with 2000 (2) Update of rates for April through December of 2014, 2015, and subsequent years Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (15) Update for 2014 through 2018 The update to the single conversion factor established in paragraph (1)(C) for 2014 and each subsequent year through 2018 shall be 0.5 percent. (16) Update for 2019 through 2023 The update to the single conversion factor established in paragraph (1)(C) for 2019 and each subsequent year through 2023 shall be zero percent. (17) Update for 2024 and subsequent years The update to the single conversion factor established in paragraph (1)(C) for 2024 and each subsequent year shall be— (A) for items and services furnished by a qualifying APM participant (as defined in section 1833(z)(2)) for such year, 1.0 percent; and (B) for other items and services, 0.5 percent. . (3) MedPAC reports (A) Initial report Not later than July 1, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship between— (i) physician and other health professional utilization and expenditures (and the rate of increase of such utilization and expenditures) of items and services for which payment is made under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (ii) total utilization and expenditures (and the rate of increase of such utilization and expenditures) under parts A, B, and D of title XVIII of such Act. Such report shall include a methodology to describe such relationship and the impact of changes in such physician and other health professional practice and service ordering patterns on total utilization and expenditures under parts A, B, and D of such title. (B) Final report Not later than July 1, 2020, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship described in subparagraph (A), including the results determined from applying the methodology included in the report submitted under such subparagraph. (C) Report on update to physicians’ services under Medicare Not later than July 1, 2018, the Medicare Payment Advisory Commission shall submit to Congress a report on— (i) the payment update for professional services applied under the Medicare program under title XVIII of the Social Security Act for the period of years 2014 through 2018; (ii) the effect of such update on the efficiency, economy, and quality of care provided under such program; (iii) the effect of such update on ensuring a sufficient number of providers to maintain access to care by Medicare beneficiaries; and (iv) recommendations for any future payment updates for professional services under such program to ensure adequate access to care is maintained for Medicare beneficiaries. (b) Consolidation of certain current law performance programs with new merit-Based Incentive Payment System (1) EHR meaningful use incentive program (A) Sunsetting separate meaningful use payment adjustments Section 1848(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(A) (i) in clause (i), by striking or any subsequent payment year or 2017 (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking Subject to clause (iii), for For (II) in subclause (I), by adding at the end and (III) in subclause (II), by striking ; and (IV) by striking subclause (III); and (iii) by striking clause (iii). (B) Continuation of meaningful use determinations for MIPS Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) (i) in subparagraph (A), in the matter preceding clause (i)— (I) by striking For purposes of paragraph (1), an An (II) by inserting , or pursuant to subparagraph (D) for purposes of subsection (q), for a performance period under such subsection for a year under such subsection for a year (ii) by adding at the end the following new subparagraph: (D) Continued application for purposes of MIPS With respect to 2018 and each subsequent payment year, the Secretary shall, for purposes of subsection (q) and in accordance with paragraph (1)(F) of such subsection, determine whether an eligible professional who is a MIPS eligible professional (as defined in subsection (q)(1)(C)) for such year is a meaningful EHR user under this paragraph for the performance period under subsection (q) for such year. . (2) Quality reporting (A) Sunsetting separate quality reporting incentives Section 1848(a)(8)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(8)(A) (i) in clause (i), by striking or any subsequent year or 2017 (ii) in clause (ii)(II), by striking and each subsequent year (B) Continuation of quality measures and processes for MIPS Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) in subsection (k), by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the provisions of this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. ; and (ii) in subsection (m)— (I) by redesignating paragraph (7) added by section 10327(a) of Public Law 111–148 (II) by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the processes under this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. . (3) Value-based payments (A) Sunsetting separate value-based payments Clause (iii) of section 1848(p)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–4(p)(4)(B) (iii) Application The Secretary shall apply the payment modifier established under this subsection for items and services furnished on or after January 1, 2015, but before January 1, 2018, with respect to specific physicians and groups of physicians the Secretary determines appropriate. Such payment modifier shall not be applied for items and services furnished on or after January 1, 2018. . (B) Continuation of value-based payment modifier measures for MIPS Section 1848(p) of the Social Security Act ( 42 U.S.C. 1395w–4(p) (i) in paragraph (2), by adding at the end the following new subparagraph: (C) Continued application for purposes of MIPS The Secretary shall, in accordance with subsection (q)(1)(F), carry out subparagraph (B) for purposes of subsection (q). ; and (ii) in paragraph (3), by adding at the end the following: With respect to 2018 and each subsequent year, the Secretary shall, in accordance with subsection (q)(1)(F), carry out this paragraph for purposes of subsection (q). (c) Merit-Based Incentive Payment System (1) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (q) Merit-Based Incentive Payment System (1) Establishment (A) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish an eligible professional Merit-based Incentive Payment System (in this subsection referred to as the MIPS (i) develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) for a performance period (as established under paragraph (4)) for a year; (ii) using such methodology, provide for a composite performance score in accordance with paragraph (5) for each such professional for each performance period; and (iii) use such composite performance score of the MIPS eligible professional for a performance period for a year to determine and apply a MIPS adjustment factor (and, as applicable, an additional MIPS adjustment factor) under paragraph (6) to the professional for the year. (B) Program implementation The MIPS shall apply to payments for items and services furnished on or after January 1, 2018. (C) MIPS eligible professional defined (i) In general For purposes of this subsection, subject to clauses (ii) and (iv), the term MIPS eligible professional (I) for the first and second years for which the MIPS applies to payments (and for the performance period for such first and second year), a physician (as defined in section 1861(r)), a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)) and a group that includes such professionals; and (II) for the third year for which the MIPS applies to payments (and for the performance period for such third year) and for each succeeding year (and for the performance period for each such year), the professionals described in subclause (I) and such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary and a group that includes such professionals. (ii) Exclusions For purposes of clause (i), the term MIPS eligible professional (I) is a qualifying APM participant (as defined in section 1833(z)(2)); (II) subject to clause (vii), is a partial qualifying APM participant (as defined in clause (iii)) for the most recent period for which data are available and who, for the performance period with respect to such year, does not report on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS; or (III) for the performance period with respect to such year, does not exceed the low-volume threshold measurement selected under clause (iv). (iii) Partial qualifying APM participant For purposes of this subparagraph, the term partial qualifying APM participant (I) with respect to 2018 and 2019, the reference in subparagraph (A) of such paragraph to 25 percent was instead a reference to 20 percent; (II) with respect to 2020 and 2021— (aa) the reference in subparagraph (B)(i) of such paragraph to 50 percent was instead a reference to 40 percent; and (bb) the references in subparagraph (B)(ii) of such paragraph to 50 percent and 25 percent of such paragraph were instead references to 40 percent and 20 percent, respectively; and (III) with respect to 2022 and subsequent years— (aa) the reference in subparagraph (C)(i) of such paragraph to 75 percent was instead a reference to 50 percent; and (bb) the references in subparagraph (C)(ii) of such paragraph to 75 percent and 25 percent of such paragraph were instead references to 50 percent and 20 percent, respectively. (iv) Selection of low-volume threshold measurement The Secretary shall select a low-volume threshold to apply for purposes of clause (ii)(III), which may include one or more or a combination of the following: (I) The minimum number (as determined by the Secretary) of individuals enrolled under this part who are treated by the eligible professional for the performance period involved. (II) The minimum number (as determined by the Secretary) of items and services furnished to individuals enrolled under this part by such professional for such performance period. (III) The minimum amount (as determined by the Secretary) of allowed charges billed by such professional under this part for such performance period. (v) Treatment of new Medicare enrolled eligible professionals In the case of a professional who first becomes a Medicare enrolled eligible professional during the performance period for a year (and had not previously submitted claims under this title such as a person, an entity, or a part of a physician group or under a different billing number or tax identifier), such professional shall not be treated under this subsection as a MIPS eligible professional until the subsequent year and performance period for such subsequent year. (vi) Clarification In the case of items and services furnished during a year by an individual who is not a MIPS eligible professional (including pursuant to clauses (ii) and (v)) with respect to a year, in no case shall a MIPS adjustment factor (or additional MIPS adjustment factor) under paragraph (6) apply to such individual for such year. (vii) Partial qualifying APM participant clarifications (I) Treatment as MIPS eligible professional In the case of an eligible professional who is a partial qualifying APM participant, with respect to a year, and who for the performance period for such year reports on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS, such eligible professional is considered to be a MIPS eligible professional with respect to such year. (II) Not eligible for qualifying APM participant payments In no case shall an eligible professional who is a partial qualifying APM participant, with respect to a year, be considered a qualifying APM participant (as defined in paragraph (2) of section 1833(z)) for such year or be eligible for the additional payment under paragraph (1) of such section for such year. (D) Application to group practices (i) In general Under the MIPS: (I) Quality performance category The Secretary shall establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing performance of such group with respect to the performance category described in clause (i) of paragraph (2)(A). (II) Other performance categories The Secretary may establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing the performance of such group with respect to the performance categories described in clauses (ii) through (iv) of such paragraph. (ii) Ensuring comprehensiveness of group practice assessment The process established under clause (i) shall to the extent practicable reflect the range of items and services furnished by the MIPS eligible professionals in the group practice involved. (iii) Clarification MIPS eligible professionals electing to be a virtual group under paragraph (5)(I) shall not be considered MIPS eligible professionals in a group practice for purposes of applying this subparagraph. (E) Use of registries Under the MIPS, the Secretary shall encourage the use of qualified clinical data registries pursuant to subsection (m)(3)(E) in carrying out this subsection. (F) Application of certain provisions In applying a provision of subsection (k), (m), (o), or (p) for purposes of this subsection, the Secretary shall— (i) adjust the application of such provision to ensure the provision is consistent with the provisions of this subsection; and (ii) not apply such provision to the extent that the provision is duplicative with a provision of this subsection. (G) Accounting for risk factors (i) Risk factors Taking into account the relevant studies conducted and recommendations made in reports under section 2(f)(1) of the SGR Repeal and Medicare Provider Payment Modernization Act of 2014, the Secretary, on an ongoing basis, shall estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into the MIPS. (ii) Accounting for other factors in payment adjustments Taking into account the studies conducted and recommendations made in reports under section 2(f)(1) of the SGR Repeal and Medicare Provider Payment Modernization Act of 2014 and other information as appropriate, the Secretary shall account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustments, composite performance scores, scores for performance categories, or scores for measures or activities under the MIPS. (2) Measures and activities under performance categories (A) Performance categories Under the MIPS, the Secretary shall use the following performance categories (each of which is referred to in this subsection as a performance category) in determining the composite performance score under paragraph (5): (i) Quality. (ii) Resource use. (iii) Clinical practice improvement activities. (iv) Meaningful use of certified EHR technology. (B) Measures and activities specified for each category For purposes of paragraph (3)(A) and subject to subparagraph (C), measures and activities specified for a performance period (as established under paragraph (4)) for a year are as follows: (i) Quality For the performance category described in subparagraph (A)(i), the quality measures included in the final measures list published under subparagraph (D)(i) for such year and the list of quality measures described in subparagraph (D)(vi) used by qualified clinical data registries under subsection (m)(3)(E). (ii) Resource use For the performance category described in subparagraph (A)(ii), the measurement of resource use for such period under subsection (p)(3), using the methodology under subsection (r) as appropriate, and, as feasible and applicable, accounting for the cost of drugs under part D. (iii) Clinical practice improvement activities For the performance category described in subparagraph (A)(iii), clinical practice improvement activities (as defined in subparagraph (C)(v)(III)) under subcategories specified by the Secretary for such period, which shall include at least the following: (I) The subcategory of expanded practice access, which shall include activities such as same day appointments for urgent needs and after hours access to clinician advice. (II) The subcategory of population management, which shall include activities such as monitoring health conditions of individuals to provide timely health care interventions or participation in a qualified clinical data registry. (III) The subcategory of care coordination, which shall include activities such as timely communication of test results, timely exchange of clinical information to patients and other providers, and use of remote monitoring or telehealth. (IV) The subcategory of beneficiary engagement, which shall include activities such as the establishment of care plans for individuals with complex care needs, beneficiary self-management assessment and training, and using shared decision-making mechanisms. (V) The subcategory of patient safety and practice assessment, such as through use of clinical or surgical checklists and practice assessments related to maintaining certification. (VI) The subcategory of participation in an alternative payment model (as defined in section 1833(z)(3)(C)). In establishing activities under this clause, the Secretary shall give consideration to the circumstances of small practices (consisting of 15 or fewer professionals) and practices located in rural areas and in health professional shortage areas (as designated under section 332(a)(1)(A) of the Public Health Service Act). (iv) Meaningful EHR use For the performance category described in subparagraph (A)(iv), the requirements established for such period under subsection (o)(2) for determining whether an eligible professional is a meaningful EHR user. (C) Additional provisions (i) Emphasizing outcome measures under the quality performance category In applying subparagraph (B)(i), the Secretary shall, as feasible, emphasize the application of outcome measures. (ii) Application of additional system measures The Secretary may use measures used for a payment system other than for physicians, such as measures for inpatient hospitals, for purposes of the performance categories described in clauses (i) and (ii) of subparagraph (A). For purposes of the previous sentence, the Secretary may not use measures for hospital outpatient departments, except in the case of emergency physicians. (iii) Global and population-based measures The Secretary may use global measures, such as global outcome measures, and population-based measures for purposes of the performance category described in subparagraph (A)(i). (iv) Application of measures and activities to non-patient-facing professionals In carrying out this paragraph, with respect to measures and activities specified in subparagraph (B) for performance categories described in subparagraph (A), the Secretary— (I) shall give consideration to the circumstances of professional types (or subcategories of those types determined by practice characteristics) who typically furnish services that do not involve face-to-face interaction with a patient; and (II) may, to the extent feasible and appropriate, take into account such circumstances and apply under this subsection with respect to MIPS eligible professionals of such professional types or subcategories, alternative measures or activities that fulfill the goals of the applicable performance category. In carrying out the previous sentence, the Secretary shall consult with professionals of such professional types or subcategories. (v) Clinical practice improvement activities (I) Request for information In initially applying subparagraph (B)(iii), the Secretary shall use a request for information to solicit recommendations from stakeholders to identify activities described in such subparagraph and specifying criteria for such activities. (II) Contract authority for clinical practice improvement activities performance category In applying subparagraph (B)(iii), the Secretary may contract with entities to assist the Secretary in— (aa) identifying activities described in subparagraph (B)(iii); (bb) specifying criteria for such activities; and (cc) determining whether a MIPS eligible professional meets such criteria. (III) Clinical practice improvement activities defined For purposes of this subsection, the term clinical practice improvement activity (D) Annual list of quality measures available for MIPS assessment (i) In general Under the MIPS, the Secretary, through notice and comment rulemaking and subject to the succeeding clauses of this subparagraph, shall, with respect to the performance period for a year, establish an annual final list of quality measures from which MIPS eligible professionals may choose for purposes of assessment under this subsection for such performance period. Pursuant to the previous sentence, the Secretary shall— (I) not later than November 1 of the year prior to the first day of the first performance period under the MIPS, establish and publish in the Federal Register a final list of quality measures; and (II) not later than November 1 of the year prior to the first day of each subsequent performance period, update the final list of quality measures from the previous year (and publish such updated final list in the Federal Register), by— (aa) removing from such list, as appropriate, quality measures, which may include the removal of measures that are no longer meaningful (such as measures that are topped out); (bb) adding to such list, as appropriate, new quality measures; and (cc) determining whether or not quality measures on such list that have undergone substantive changes should be included in the updated list. (ii) Call for quality measures (I) In general Eligible professional organizations and other relevant stakeholders shall be requested to identify and submit quality measures to be considered for selection under this subparagraph in the annual list of quality measures published under clause (i) and to identify and submit updates to the measures on such list. For purposes of the previous sentence, measures may be submitted regardless of whether such measures were previously published in a proposed rule or endorsed by an entity with a contract under section 1890(a). (II) Eligible professional organization defined In this subparagraph, the term eligible professional organization (iii) Requirements In selecting quality measures for inclusion in the annual final list under clause (i), the Secretary shall— (I) provide that, to the extent practicable, all quality domains (as defined in subsection (s)(1)(B)) are addressed by such measures; and (II) ensure that such selection is consistent with the process for selection of measures under subsections (k), (m), and (p)(2). (iv) Peer review Before including a new measure or a measure described in clause (i)(II)(cc) in the final list of measures published under clause (i) for a year, the Secretary shall submit for publication in applicable specialty-appropriate peer-reviewed journals such measure and the method for developing and selecting such measure, including clinical and other data supporting such measure. (v) Measures for inclusion The final list of quality measures published under clause (i) shall include, as applicable, measures under subsections (k), (m), and (p)(2), including quality measures from among— (I) measures endorsed by a consensus-based entity; (II) measures developed under subsection (s); and (III) measures submitted under clause (ii)(I). Any measure selected for inclusion in such list that is not endorsed by a consensus-based entity shall have a focus that is evidence-based. (vi) Exception for qualified clinical data registry measures Measures used by a qualified clinical data registry under subsection (m)(3)(E) shall not be subject to the requirements under clauses (i), (iv), and (v). The Secretary shall publish the list of measures used by such qualified clinical data registries on the Internet website of the Centers for Medicare & Medicaid Services. (vii) Exception for existing quality measures Any quality measure specified by the Secretary under subsection (k) or (m), including under subsection (m)(3)(E), and any measure of quality of care established under subsection (p)(2) for the reporting period under the respective subsection beginning before the first performance period under the MIPS— (I) shall not be subject to the requirements under clause (i) (except under items (aa) and (cc) of subclause (II) of such clause) or to the requirement under clause (iv); and (II) shall be included in the final list of quality measures published under clause (i) unless removed under clause (i)(II)(aa). (viii) Consultation with relevant eligible professional organizations and other relevant stakeholders Relevant eligible professional organizations and other relevant stakeholders, including State and national medical societies, shall be consulted in carrying out this subparagraph. (ix) Optional application The process under section 1890A is not required to apply to the selection of measures under this subparagraph. (3) Performance standards (A) Establishment Under the MIPS, the Secretary shall establish performance standards with respect to measures and activities specified under paragraph (2)(B) for a performance period (as established under paragraph (4)) for a year. (B) Considerations in establishing standards In establishing such performance standards with respect to measures and activities specified under paragraph (2)(B), the Secretary shall consider the following: (i) Historical performance standards. (ii) Improvement. (iii) The opportunity for continued improvement. (4) Performance period The Secretary shall establish a performance period (or periods) for a year (beginning with the year described in paragraph (1)(B)). Such performance period (or periods) shall begin and end prior to the beginning of such year and be as close as possible to such year. In this subsection, such performance period (or periods) for a year shall be referred to as the performance period for the year. (5) Composite performance score (A) In general Subject to the succeeding provisions of this paragraph and taking into account, as available and applicable, paragraph (1)(G), the Secretary shall develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) with respect to applicable measures and activities specified in paragraph (2)(B) with respect to each performance category applicable to such professional for a performance period (as established under paragraph (4)) for a year. Using such methodology, the Secretary shall provide for a composite assessment (using a scoring scale of 0 to 100) for each such professional for the performance period for such year. In this subsection such a composite assessment for such a professional with respect to a performance period shall be referred to as the composite performance score (B) Incentive to report; encouraging use of certified EHR technology for reporting quality measures (i) Incentive to report Under the methodology established under subparagraph (A), the Secretary shall provide that in the case of a MIPS eligible professional who fails to report on an applicable measure or activity that is required to be reported by the professional, the professional shall be treated as achieving the lowest potential score applicable to such measure or activity. (ii) Encouraging use of certified EHR technology and qualified clinical data registries for reporting quality measures Under the methodology established under subparagraph (A), the Secretary shall— (I) encourage MIPS eligible professionals to report on applicable measures with respect to the performance category described in paragraph (2)(A)(i) through the use of certified EHR technology and qualified clinical data registries; and (II) with respect to a performance period, with respect to a year, for which a MIPS eligible professional reports such measures through the use of such EHR technology, treat such professional as satisfying the clinical quality measures reporting requirement described in subsection (o)(2)(A)(iii) for such year. (C) Clinical practice improvement activities performance score (i) Rule for accreditation A MIPS eligible professional who is in a practice that is certified as a patient-centered medical home or comparable specialty practice pursuant to subsection (b)(8)(B)(i) with respect to a performance period shall be given the highest potential score for the performance category described in paragraph (2)(A)(iii) for such period. (ii) APM participation Participation by a MIPS eligible professional in an alternative payment model (as defined in section 1833(z)(3)(C)) with respect to a performance period shall earn such eligible professional a minimum score of one-half of the highest potential score for the performance category described in paragraph (2)(A)(iii) for such performance period. (iii) Subcategories A MIPS eligible professional shall not be required to perform activities in each subcategory under paragraph (2)(B)(iii) or participate in an alternative payment model in order to achieve the highest potential score for the performance category described in paragraph (2)(A)(iii). (D) Achievement and improvement (i) Taking into account improvement Beginning with the second year to which the MIPS applies, in addition to the achievement of a MIPS eligible professional, if data sufficient to measure improvement is available, the methodology developed under subparagraph (A)— (I) in the case of the performance score for the performance category described in clauses (i) and (ii) of paragraph (2)(A), shall take into account the improvement of the professional; and (II) in the case of performance scores for other performance categories, may take into account the improvement of the professional. (ii) Assigning higher weight for achievement Beginning with the fourth year to which the MIPS applies, under the methodology developed under subparagraph (A), the Secretary may assign a higher scoring weight under subparagraph (F) with respect to the achievement of a MIPS eligible professional than with respect to any improvement of such professional applied under clause (i) with respect to a measure, activity, or category described in paragraph (2). (E) Weights for the performance categories (i) In general Under the methodology developed under subparagraph (A), subject to subparagraph (F)(i) and clauses (ii) and (iii), the composite performance score shall be determined as follows: (I) Quality (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (i) of paragraph (2)(A). In applying the previous sentence, the Secretary shall, as feasible, encourage the application of outcome measures within such category. (bb) First 2 years For the first and second years for which the MIPS applies to payments, the percentage applicable under item (aa) shall be increased in a manner such that the total percentage points of the increase under this item for the respective year equals the total number of percentage points by which the percentage applied under subclause (II)(bb) for the respective year is less than 30 percent. (II) Resource use (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (bb) First 2 years For the first year for which the MIPS applies to payments, not more than 10 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). For the second year for which the MIPS applies to payments, not more than 15 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (III) Clinical practice improvement activities Fifteen percent of such score shall be based on performance with respect to the category described in clause (iii) of paragraph (2)(A). (IV) Meaningful use of certified EHR technology Twenty-five percent of such score shall be based on performance with respect to the category described in clause (iv) of paragraph (2)(A). (ii) Authority to adjust percentages in case of high EHR meaningful use adoption In any year in which the Secretary estimates that the proportion of eligible professionals (as defined in subsection (o)(5)) who are meaningful EHR users (as determined under subsection (o)(2)) is 75 percent or greater, the Secretary may reduce the percent applicable under clause (i)(IV), but not below 15 percent. If the Secretary makes such reduction for a year, subject to subclauses (I)(bb) and (II)(bb) of clause (i), the percentages applicable under one or more of subclauses (I), (II), and (III) of clause (i) for such year shall be increased in a manner such that the total percentage points of the increase under this clause for such year equals the total number of percentage points reduced under the preceding sentence for such year. (F) Certain flexibility for weighting performance categories, measures, and activities Under the methodology under subparagraph (A), if there are not sufficient measures and clinical practice improvement activities applicable and available to each type of eligible professional involved, the Secretary shall assign different scoring weights (including a weight of 0)— (i) which may vary from the scoring weights specified in subparagraph (E), for each performance category based on the extent to which the category is applicable to the type of eligible professional involved; and (ii) for each measure and activity specified under paragraph (2)(B) with respect to each such category based on the extent to which the measure or activity is applicable and available to the type of eligible professional involved. (G) Resource use Analysis of the performance category described in paragraph (2)(A)(ii) shall include results from the methodology described in subsection (r)(5), as appropriate. (H) Inclusion of quality measure data from other payers In applying subsections (k), (m), and (p) with respect to measures described in paragraph (2)(B)(i), analysis of the performance category described in paragraph (2)(A)(i) may include data submitted by MIPS eligible professionals with respect to items and services furnished to individuals who are not individuals entitled to benefits under part A or enrolled under part B. (I) Use of voluntary virtual groups for certain assessment purposes (i) In general In the case of MIPS eligible professionals electing to be a virtual group under clause (ii) with respect to a performance period for a year, for purposes of applying the methodology under subparagraph (A)— (I) the assessment of performance provided under such methodology with respect to the performance categories described in clauses (i) and (ii) of paragraph (2)(A) that is to be applied to each such professional in such group for such performance period shall be with respect to the combined performance of all such professionals in such group for such period; and (II) the composite score provided under this paragraph for such performance period with respect to each such performance category for each such MIPS eligible professional in such virtual group shall be based on the assessment of the combined performance under subclause (I) for the performance category and performance period. (ii) Election of practices to be a virtual group The Secretary shall, in accordance with clause (iii), establish and have in place a process to allow an individual MIPS eligible professional or a group practice consisting of not more than 10 MIPS eligible professionals to elect, with respect to a performance period for a year, for such individual MIPS eligible professional or all such MIPS eligible professionals in such group practice, respectively, to be a virtual group under this subparagraph with at least one other such individual MIPS eligible professional or group practice making such an election. Such a virtual group may be based on geographic areas or on provider specialties defined by nationally recognized multispecialty boards of certification or equivalent certification boards and such other eligible professional groupings in order to capture classifications of providers across eligible professional organizations and other practice areas or categories. (iii) Requirements The process under clause (ii)— (I) shall provide that an election under such clause, with respect to a performance period, shall be made before or during the beginning of such performance period and may not be changed during such performance period; (II) shall provide that a practice described in such clause, and each MIPS eligible professional in such practice, may elect to be in no more than one virtual group for a performance period; and (III) may provide that a virtual group may be combined at the tax identification number level. (6) MIPS payments (A) MIPS adjustment factor Taking into account paragraph (1)(G), the Secretary shall specify a MIPS adjustment factor for each MIPS eligible professional for a year. Such MIPS adjustment factor for a MIPS eligible professional for a year shall be in the form of a percent and shall be determined— (i) by comparing the composite performance score of the eligible professional for such year to the performance threshold established under subparagraph (D)(i) for such year; (ii) in a manner such that the adjustment factors specified under this subparagraph for a year result in differential payments under this paragraph reflecting that— (I) MIPS eligible professionals with composite performance scores for such year at or above such performance threshold for such year receive zero or positive incentive payment adjustment factors for such year in accordance with clause (iii), with such professionals having higher composite performance scores receiving higher adjustment factors; and (II) MIPS eligible professionals with composite performance scores for such year below such performance threshold for such year receive negative payment adjustment factors for such year in accordance with clause (iv), with such professionals having lower composite performance scores receiving lower adjustment factors; (iii) in a manner such that MIPS eligible professionals with composite scores described in clause (ii)(I) for such year, subject to clauses (i) and (ii) of subparagraph (F), receive a zero or positive adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the applicable percent specified in subparagraph (B) is assigned for a score of 100; and (iv) in a manner such that— (I) subject to subclause (II), MIPS eligible professionals with composite performance scores described in clause (ii)(II) for such year receive a negative payment adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the negative of the applicable percent specified in subparagraph (B) is assigned for a score of 0; and (II) MIPS eligible professionals with composite performance scores that are equal to or greater than 0, but not greater than 1/4 (B) Applicable percent defined For purposes of this paragraph, the term applicable percent (i) for 2018, 4 percent; (ii) for 2019, 5 percent; (iii) for 2020, 7 percent; and (iv) for 2021 and subsequent years, 9 percent. (C) Additional MIPS adjustment factors for exceptional performance (i) In general In the case of a MIPS eligible professional with a composite performance score for a year at or above the additional performance threshold under subparagraph (D)(ii) for such year, in addition to the MIPS adjustment factor under subparagraph (A) for the eligible professional for such year, subject to the availability of funds under clause (ii), the Secretary shall specify an additional positive MIPS adjustment factor for such professional and year. Such additional MIPS adjustment factors shall be determined by the Secretary in a manner such that professionals having higher composite performance scores above the additional performance threshold receive higher additional MIPS adjustment factors. (ii) Additional funding pool For 2018 and each subsequent year through 2023, there is appropriated from the Federal Supplementary Medical Insurance Trust Fund $500,000,000 for MIPS payments under this paragraph resulting from the application of the additional MIPS adjustment factors under clause (i). (D) Establishment of performance thresholds (i) Performance threshold For each year of the MIPS, the Secretary shall compute a performance threshold with respect to which the composite performance score of MIPS eligible professionals shall be compared for purposes of determining adjustment factors under subparagraph (A) that are positive, negative, and zero. Such performance threshold for a year shall be the mean or median (as selected by the Secretary) of the composite performance scores for all MIPS eligible professionals with respect to a prior period specified by the Secretary. The Secretary may reassess the selection under the previous sentence every 3 years. (ii) Additional performance threshold for exceptional performance In addition to the performance threshold under clause (i), for each year of the MIPS, the Secretary shall compute an additional performance threshold for purposes of determining the additional MIPS adjustment factors under subparagraph (C)(i). For each such year, the Secretary shall apply either of the following methods for computing such additional performance threshold for such a year: (I) The threshold shall be the score that is equal to the 25th percentile of the range of possible composite performance scores above the performance threshold with respect to the prior period described in clause (i). (II) The threshold shall be the score that is equal to the 25th percentile of the actual composite performance scores for MIPS eligible professionals with composite performance scores at or above the performance threshold with respect to the prior period described in clause (i). (iii) Special rule for initial 2 years With respect to each of the first two years to which the MIPS applies, the Secretary shall, prior to the performance period for such years, establish a performance threshold for purposes of determining MIPS adjustment factors under subparagraph (A) and a threshold for purposes of determining additional MIPS adjustment factors under subparagraph (C)(i). Each such performance threshold shall— (I) be based on a period prior to such performance periods; and (II) take into account— (aa) data available with respect to performance on measures and activities that may be used under the performance categories under subparagraph (2)(B); and (bb) other factors determined appropriate by the Secretary. (E) Application of MIPS adjustment factors In the case of items and services furnished by a MIPS eligible professional during a year (beginning with 2018), the amount otherwise paid under this part with respect to such items and services and MIPS eligible professional for such year, shall be multiplied by— (i) 1, plus (ii) the sum of— (I) the MIPS adjustment factor determined under subparagraph (A) divided by 100, and (II) as applicable, the additional MIPS adjustment factor determined under subparagraph (C)(i) divided by 100. (F) Aggregate application of MIPS adjustment factors (i) Application of scaling factor (I) In general With respect to positive MIPS adjustment factors under subparagraph (A)(ii)(I) for eligible professionals whose composite performance score is above the performance threshold under subparagraph (D)(i) for such year, subject to subclause (II), the Secretary shall increase or decrease such adjustment factors by a scaling factor in order to ensure that the budget neutrality requirement of clause (ii) is met. (II) Scaling factor limit In no case may be the scaling factor applied under this clause exceed 3.0. (ii) Budget neutrality requirement (I) In general Subject to clause (iii), the Secretary shall ensure that the estimated amount described in subclause (II) for a year is equal to the estimated amount described in subclause (III) for such year. (II) Aggregate increases The amount described in this subclause is the estimated increase in the aggregate allowed charges resulting from the application of positive MIPS adjustment factors under subparagraph (A) (after application of the scaling factor described in clause (i)) to MIPS eligible professionals whose composite performance score for a year is above the performance threshold under subparagraph (D)(i) for such year. (III) Aggregate decreases The amount described in this subclause is the estimated decrease in the aggregate allowed charges resulting from the application of negative MIPS adjustment factors under subparagraph (A) to MIPS eligible professionals whose composite performance score for a year is below the performance threshold under subparagraph (D)(i) for such year. (iii) Exceptions (I) In the case that all MIPS eligible professionals receive composite performance scores for a year that are below the performance threshold under subparagraph (D)(i) for such year, the negative MIPS adjustment factors under subparagraph (A) shall apply with respect to such MIPS eligible professionals and the budget neutrality requirement of clause (ii) shall not apply for such year. (II) In the case that, with respect to a year, the application of clause (i) results in a scaling factor equal to the maximum scaling factor specified in clause (i)(II), such scaling factor shall apply and the budget neutrality requirement of clause (ii) shall not apply for such year. (iv) Additional incentive payment adjustments In specifying the MIPS additional adjustment factors under subparagraph (C)(i) for each applicable MIPS eligible professional for a year, the Secretary shall ensure that the estimated increase in payments under this part resulting from the application of such additional adjustment factors for MIPS eligible professionals in a year shall be equal (as estimated by the Secretary) to the additional funding pool amount for such year under subparagraph (C)(ii). (7) Announcement of result of adjustments Under the MIPS, the Secretary shall, not later than 30 days prior to January 1 of the year involved, make available to MIPS eligible professionals the MIPS adjustment factor (and, as applicable, the additional MIPS adjustment factor) under paragraph (6) applicable to the eligible professional for items and services furnished by the professional for such year. The Secretary may include such information in the confidential feedback under paragraph (12). (8) No effect in subsequent years The MIPS adjustment factors and additional MIPS adjustment factors under paragraph (6) shall apply only with respect to the year involved, and the Secretary shall not take into account such adjustment factors in making payments to a MIPS eligible professional under this part in a subsequent year. (9) Public reporting (A) In general The Secretary shall, in an easily understandable format, make available on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services the following: (i) Information regarding the performance of MIPS eligible professionals under the MIPS, which— (I) shall include the composite score for each such MIPS eligible professional and the performance of each such MIPS eligible professional with respect to each performance category; and (II) may include the performance of each such MIPS eligible professional with respect to each measure or activity specified in paragraph (2)(B). (ii) The names of eligible professionals in eligible alternative payment models (as defined in section 1833(z)(3)(D)) and, to the extent feasible, the names of such eligible alternative payment models and performance of such models. (B) Disclosure The information made available under this paragraph shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (C) Opportunity to review and submit corrections The Secretary shall provide for an opportunity for a professional described in subparagraph (A) to review, and submit corrections for, the information to be made public with respect to the professional under such subparagraph prior to such information being made public. (D) Aggregate information The Secretary shall periodically post on the Physician Compare Internet website aggregate information on the MIPS, including the range of composite scores for all MIPS eligible professionals and the range of the performance of all MIPS eligible professionals with respect to each performance category. (10) Consultation The Secretary shall consult with stakeholders in carrying out the MIPS, including for the identification of measures and activities under paragraph (2)(B) and the methodologies developed under paragraphs (5)(A) and (6) and regarding the use of qualified clinical data registries. Such consultation shall include the use of a request for information or other mechanisms determined appropriate. (11) Technical assistance to small practices and practices in health professional shortage areas (A) In general The Secretary shall enter into contracts or agreements with appropriate entities (such as quality improvement organizations, regional extension centers (as described in section 3012(c) of the Public Health Service Act), or regional health collaboratives) to offer guidance and assistance to MIPS eligible professionals in practices of 15 or fewer professionals (with priority given to such practices located in rural areas, health professional shortage areas (as designated under in section 332(a)(1)(A) of such Act), and medically underserved areas, and practices with low composite scores) with respect to— (i) the performance categories described in clauses (i) through (iv) of paragraph (2)(A); or (ii) how to transition to the implementation of and participation in an alternative payment model as described in section 1833(z)(3)(C). (B) Funding for implementation (i) In general For purposes of implementing subparagraph (A), the Secretary shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account of $40,000,000 for each of fiscal years 2015 through 2019. Amounts transferred under this subparagraph for a fiscal year shall be available until expended. (ii) Technical assistance Of the amounts transferred pursuant to clause (i) for each of fiscal years 2015 through 2019, not less than $10,000,000 shall be made available for each such year for technical assistance to small practices in health professional shortage areas (as so designated) and medically underserved areas. (12) Feedback and information to improve performance (A) Performance feedback (i) In general Beginning July 1, 2016, the Secretary— (I) shall make available timely (such as quarterly) confidential feedback to MIPS eligible professionals on the performance of such professionals with respect to the performance categories under clauses (i) and (ii) of paragraph (2)(A); and (II) may make available confidential feedback to each such professional on the performance of such professional with respect to the performance categories under clauses (iii) and (iv) of such paragraph. (ii) Mechanisms The Secretary may use one or more mechanisms to make feedback available under clause (i), which may include use of a web-based portal or other mechanisms determined appropriate by the Secretary. With respect to the performance category described in paragraph (2)(A)(i), feedback under this subparagraph shall, to the extent an eligible professional chooses to participate in a data registry for purposes of this subsection (including registries under subsections (k) and (m)), be provided based on performance on quality measures reported through the use of such registries. With respect to any other performance category described in paragraph (2)(A), the Secretary shall encourage provision of feedback through qualified clinical data registries as described in subsection (m)(3)(E)). (iii) Use of data For purposes of clause (i), the Secretary may use data, with respect to a MIPS eligible professional, from periods prior to the current performance period and may use rolling periods in order to make illustrative calculations about the performance of such professional. (iv) Disclosure exemption Feedback made available under this subparagraph shall be exempt from disclosure under section 552 of title 5, United States Code. (v) Receipt of information The Secretary may use the mechanisms established under clause (ii) to receive information from professionals, such as information with respect to this subsection. (B) Additional information (i) In general Beginning July 1, 2017, the Secretary shall make available to each MIPS eligible professional information, with respect to individuals who are patients of such MIPS eligible professional, about items and services for which payment is made under this title that are furnished to such individuals by other suppliers and providers of services, which may include information described in clause (ii). Such information may be made available under the previous sentence to such MIPS eligible professionals by mechanisms determined appropriate by the Secretary, which may include use of a web-based portal. Such information may be made available in accordance with the same or similar terms as data are made available to accountable care organizations participating in the shared savings program under section 1899, including a beneficiary opt-out. (ii) Type of information For purposes of clause (i), the information described in this clause, is the following: (I) With respect to selected items and services (as determined appropriate by the Secretary) for which payment is made under this title and that are furnished to individuals, who are patients of a MIPS eligible professional, by another supplier or provider of services during the most recent period for which data are available (such as the most recent three-month period), such as the name of such providers furnishing such items and services to such patients during such period, the types of such items and services so furnished, and the dates such items and services were so furnished. (II) Historical data, such as averages and other measures of the distribution if appropriate, of the total, and components of, allowed charges (and other figures as determined appropriate by the Secretary). (13) Review (A) Targeted review The Secretary shall establish a process under which a MIPS eligible professional may seek an informal review of the calculation of the MIPS adjustment factor applicable to such eligible professional under this subsection for a year. The results of a review conducted pursuant to the previous sentence shall not be taken into account for purposes of paragraph (6) with respect to a year (other than with respect to the calculation of such eligible professional’s MIPS adjustment factor for such year or additional MIPS adjustment factor for such year) after the factors determined in subparagraph (A) and subparagraph (C) of such paragraph have been determined for such year. (B) Limitation Except as provided for in subparagraph (A), there shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the following: (i) The methodology used to determine the amount of the MIPS adjustment factor under paragraph (6)(A) and the amount of the additional MIPS adjustment factor under paragraph (6)(C)(i) and the determination of such amounts. (ii) The establishment of the performance standards under paragraph (3) and the performance period under paragraph (4). (iii) The identification of measures and activities specified under paragraph (2)(B) and information made public or posted on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services under paragraph (9). (iv) The methodology developed under paragraph (5) that is used to calculate performance scores and the calculation of such scores, including the weighting of measures and activities under such methodology. . (2) GAO reports (A) Evaluation of eligible professional MIPS Not later than October 1, 2019, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report evaluating the eligible professional Merit-based Incentive Payment System under subsection (q) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) examine the distribution of the composite performance scores and MIPS adjustment factors (and additional MIPS adjustment factors) for MIPS eligible professionals (as defined in subsection (q)(1)(c) of such section) under such program, and patterns relating to such scores and adjustment factors, including based on type of provider, practice size, geographic location, and patient mix; (ii) provide recommendations for improving such program; (iii) evaluate the impact of technical assistance funding under section 1848(q)(11) of the Social Security Act, as added by paragraph (1), on the ability of professionals to improve within such program or successfully transition to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)), with priority for such evaluation given to practices located in rural areas, health professional shortage areas (as designated in section 332(a)(1)(a) of the Public Health Service Act), and medically underserved areas; and (iv) provide recommendations for optimizing the use of such technical assistance funds. (B) Study to examine alignment of quality measures used in public and private programs (i) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (I) compares the similarities and differences in the use of quality measures under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act, the Medicare Advantage program under part C of such title, selected State Medicaid programs under title XIX of such Act, and private payer arrangements; and (II) makes recommendations on how to reduce the administrative burden involved in applying such quality measures. (ii) Requirements The report under clause (i) shall— (I) consider those measures applicable to individuals entitled to, or enrolled for, benefits under such part A, or enrolled under such part B and individuals under the age of 65; and (II) focus on those measures that comprise the most significant component of the quality performance category of the eligible professional MIPS incentive program under subsection (q) of section 1848 of the Social Security Act (42 U.S.C. 1395w–4), as added by paragraph (1). (C) Study on role of independent risk managers Not later than January 1, 2016, the Comptroller General of the United States shall submit to Congress a report examining whether entities that pool financial risk for physician practices, such as independent risk managers, can play a role in supporting physician practices, particularly small physician practices, in assuming financial risk for the treatment of patients. Such report shall examine barriers that small physician practices currently face in assuming financial risk for treating patients, the types of risk management entities that could assist physician practices in participating in two-sided risk payment models, and how such entities could assist with risk management and with quality improvement activities. Such report shall also include an analysis of any existing legal barriers to such arrangements. (D) Study to examine rural and health professional shortage area alternative payment models Not later than October 1, 2020, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report that examines the transition of professionals in rural areas, health professional shortage areas (as designated in section 332(a)(1)(A) of the Public Health Service Act), or medically underserved areas to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)). Such report shall make recommendations for removing administrative barriers to practices, including small practices consisting of 15 or fewer professionals, in rural areas, health professional shortage areas, and medically underserved areas to participation in such models. (3) Funding for implementation For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the transfer of $80,000,000 from the Supplementary Medical Insurance Trust Fund established under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Program Management Account for each of the fiscal years 2014 through 2018. Amounts transferred under this paragraph shall be available until expended. (d) Improving quality reporting for composite scores (1) Changes for group reporting option (A) In general Section 1848(m)(3)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(C)(ii) and, for 2015 and subsequent years, may provide shall provide (B) Clarification of qualified clinical data registry reporting to group practices Section 1848(m)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(D) and, for 2015 and subsequent years, subparagraph (A) or (C) subparagraph (A) (2) Changes for multiple reporting periods and alternative criteria for satisfactory reporting Section 1848(m)(5)(F) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(5)(F) (A) by striking and subsequent years through reporting periods occurring in 2014 (B) by inserting and, for reporting periods occurring in 2015 and subsequent years, the Secretary may establish shall establish (3) Physician feedback program reports succeeded by reports under MIPS Section 1848(n) of the Social Security Act ( 42 U.S.C. 1395w–4(n) (11) Reports ending with 2016 Reports under the Program shall not be provided after December 31, 2016. See subsection (q)(12) for reports under the eligible professionals Merit-based Incentive Payment System. . (4) Coordination with satisfying meaningful EHR use clinical quality measure reporting requirement Section 1848(o)(2)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(iii) and subsection (q)(5)(B)(ii)(II) Subject to subparagraph (B)(ii) (e) Promoting alternative payment models (1) Increasing transparency of physician focused payment models Section 1868 of the Social Security Act ( 42 U.S.C. 1395ee (c) Physician focused payment models (1) Technical advisory committee (A) Establishment There is established an ad hoc committee to be known as the Payment Model Technical Advisory Committee Committee (B) Membership (i) Number and appointment The Committee shall be composed of 11 members appointed by the Comptroller General of the United States. (ii) Qualifications The membership of the Committee shall include individuals with national recognition for their expertise in payment models and related delivery of care. No more than 5 members of the Committee shall be providers of services or suppliers, or representatives of providers of services or suppliers. (iii) Prohibition on federal employment A member of the Committee shall not be an employee of the Federal Government. (iv) Ethics disclosure The Comptroller General shall establish a system for public disclosure by members of the Committee of financial and other potential conflicts of interest relating to such members. Members of the Committee shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 ( Public Law 95–521 (v) Date of initial appointments The initial appointments of members of the Committee shall be made by not later than 180 days after the date of enactment of this subsection. (C) Term; vacancies (i) Term The terms of members of the Committee shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Committee shall be filled in the manner in which the original appointment was made. (D) Duties The Committee shall meet, as needed, to provide comments and recommendations to the Secretary, as described in paragraph (2)(C), on physician-focused payment models. (E) Compensation of members (i) In general Except as provided in clause (ii), a member of the Committee shall serve without compensation. (ii) Travel expenses A member of the Committee 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 (F) Operational and technical support (i) In general The Assistant Secretary for Planning and Evaluation shall provide technical and operational support for the Committee, which may be by use of a contractor. The Office of the Actuary of the Centers for Medicare & Medicaid Services shall provide to the Committee actuarial assistance as needed. (ii) Funding The Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, such amounts as are necessary to carry out clause (i) (not to exceed $5,000,000) for fiscal year 2014 and each subsequent fiscal year. Any amounts transferred under the preceding sentence for a fiscal year shall remain available until expended. (G) Application Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (2) Criteria and process for submission and review of physician-focused payment models (A) Criteria for assessing physician-focused payment models (i) Rulemaking Not later than November 1, 2015, the Secretary shall, through notice and comment rulemaking, following a request for information, establish criteria for physician-focused payment models, including models for specialist physicians, that could be used by the Committee for making comments and recommendations pursuant to paragraph (1)(D). (ii) MedPAC submission of comments During the comment period for the proposed rule described in clause (i), the Medicare Payment Advisory Commission may submit comments to the Secretary on the proposed criteria under such clause. (iii) Updating The Secretary may update the criteria established under this subparagraph through rulemaking. (B) Stakeholder submission of physician focused payment models On an ongoing basis, individuals and stakeholder entities may submit to the Committee proposals for physician-focused payment models that such individuals and entities believe meet the criteria described in subparagraph (A). (C) TAC review of models submitted The Committee shall, on a periodic basis, review models submitted under subparagraph (B), prepare comments and recommendations regarding whether such models meet the criteria described in subparagraph (A), and submit such comments and recommendations to the Secretary. (D) Secretary review and response The Secretary shall review the comments and recommendations submitted by the Committee under subparagraph (C) and post a detailed response to such comments and recommendations on the Internet Website of the Centers for Medicare & Medicaid Services. (3) Rule of construction Nothing in this subsection shall be construed to impact the development or testing of models under this title or titles XI, XIX, or XXI. . (2) Incentive payments for participation in eligible alternative payment models Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (z) Incentive payments for participation in eligible alternative payment models (1) Payment incentive (A) In general In the case of covered professional services furnished by an eligible professional during a year that is in the period beginning with 2018 and ending with 2023 and for which the professional is a qualifying APM participant, in addition to the amount of payment that would otherwise be made for such covered professional services under this part for such year, there also shall be paid to such professional an amount equal to 5 percent of the payment amount for the covered professional services under this part for the preceding year. For purposes of the previous sentence, the payment amount for the preceding year may be an estimation for the full preceding year based on a period of such preceding year that is less than the full year. The Secretary shall establish policies to implement this subparagraph in cases where payment for covered professional services furnished by a qualifying APM participant in an alternative payment model is made to an entity participating in the alternative payment model rather than directly to the qualifying APM participant. (B) Form of payment Payments under this subsection shall be made in a lump sum, on an annual basis, as soon as practicable. (C) Treatment of payment incentive Payments under this subsection shall not be taken into account for purposes of determining actual expenditures under an alternative payment model and for purposes of determining or rebasing any benchmarks used under the alternative payment model. (D) Coordination The amount of the additional payment for an item or service under this subsection or subsection (m) shall be determined without regard to any additional payment for the item or service under subsection (m) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (x) shall be determined without regard to any additional payment for the item or service under subsection (x) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (y) shall be determined without regard to any additional payment for the item or service under subsection (y) and this subsection, respectively. (2) Qualifying APM participant For purposes of this subsection, the term qualifying APM participant (A) 2018 and 2019 With respect to 2018 and 2019, an eligible professional for whom the Secretary determines that at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (B) 2020 and 2021 With respect to 2020 and 2021, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 50 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 50 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (C) Beginning in 2022 With respect to 2022 and each subsequent year, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 75 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 75 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (3) Additional definitions In this subsection: (A) Covered professional services The term covered professional services (B) Eligible professional The term eligible professional (C) Alternative payment model (APM) The term alternative payment model (i) A model under section 1115A (other than a health care innovation award). (ii) The shared savings program under section 1899. (iii) A demonstration under section 1866C. (iv) A demonstration required by Federal law. (D) Eligible alternative payment model (APM) (i) In general The term eligible alternative payment model (I) that requires use of certified EHR technology (as defined in subsection (o)(4)); (II) that provides for payment for covered professional services based on quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i); and (III) that satisfies the requirement described in clause (ii). (ii) Additional requirement For purposes of clause (i)(III), the requirement described in this clause, with respect to a year and an alternative payment model, is that the alternative payment model— (I) is one in which one or more entities bear financial risk for monetary losses under such model that are in excess of a nominal amount; or (II) is a medical home expanded under section 1115A(c). (4) Limitation There shall be no administrative or judicial review under section 1869, 1878, or otherwise, of the following: (A) The determination that an eligible professional is a qualifying APM participant under paragraph (2) and the determination that an alternative payment model is an eligible alternative payment model under paragraph (3)(D). (B) The determination of the amount of the 5 percent payment incentive under paragraph (1)(A), including any estimation as part of such determination. . (3) Coordination conforming amendments Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (A) in subsection (x)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (B) in subsection (y)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (4) Encouraging development and testing of certain models Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) (A) in subparagraph (B), by adding at the end the following new clauses: (xxi) Focusing primarily on physicians’ services (as defined in section 1848(j)(3)) furnished by physicians who are not primary care practitioners. (xxii) Focusing on practices of 15 or fewer professionals. (xxiii) Focusing on risk-based models for small physician practices which may involve two-sided risk and prospective patient assignment, and which examine risk-adjusted decreases in mortality rates, hospital readmissions rates, and other relevant and appropriate clinical measures. (xxiv) Focusing primarily on title XIX, working in conjunction with the Center for Medicaid and CHIP Services. ; and (B) in subparagraph (C)(viii), by striking other public sector or private sector payers other public sector payers, private sector payers, or Statewide payment models (5) Construction regarding telehealth services Nothing in the provisions of, or amendments made by, this Act shall be construed as precluding an alternative payment model or a qualifying APM participant (as those terms are defined in section 1833(z) of the Social Security Act, as added by paragraph (1)) from furnishing a telehealth service for which payment is not made under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)). (6) Integrating Medicare Advantage alternative payment models Not later than July 1, 2015, the Secretary of Health and Human Services shall submit to Congress a study that examines the feasibility of integrating alternative payment models in the Medicare Advantage payment system. The study shall include the feasibility of including a value-based modifier and whether such modifier should be budget neutral. (7) Study and report on fraud related to alternative payment models under the Medicare program (A) Study The Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall conduct a study that— (i) examines the applicability of the Federal fraud prevention laws to items and services furnished under title XVIII of the Social Security Act for which payment is made under an alternative payment model (as defined in section 1833(z)(3)(C) of such Act ( 42 U.S.C. 1395l(z)(3)(C) (ii) identifies aspects of such alternative payment models that are vulnerable to fraudulent activity; and (iii) examines the implications of waivers to such laws granted in support of such alternative payment models, including under any potential expansion of such models. (B) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under subparagraph (A). Such report shall include recommendations for actions to be taken to reduce the vulnerability of such alternative payment models to fraudulent activity. Such report also shall include, as appropriate, recommendations of the Inspector General for changes in Federal fraud prevention laws to reduce such vulnerability. (f) Improving payment accuracy (1) Studies and reports of effect of certain information on quality and resource use (A) Study using existing Medicare data (i) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary (ii) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (B) Study using other data (i) Study The Secretary shall conduct a study that examines the impact of risk factors, such as those described in section 1848(p)(3) of the Social Security Act (42 U.S.C. 1395w–4(p)(3)), race, health literacy, limited English proficiency (LEP), and patient activation, on quality and resource use outcome measures under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). In conducting such study the Secretary may use existing Federal data and collect such additional data as may be necessary to complete the study. (ii) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (C) Examination of data in conducting studies In conducting the studies under subparagraphs (A) and (B), the Secretary shall examine what non-Medicare data sets, such as data from the American Community Survey (ACS), can be useful in conducting the types of studies under such paragraphs and how such data sets that are identified as useful can be coordinated with Medicare administrative data in order to improve the overall data set available to do such studies and for the administration of the Medicare program. (D) Recommendations to account for information in payment adjustment mechanisms If the studies conducted under subparagraphs (A) and (B) find a relationship between the factors examined in the studies and quality and resource use outcome measures, then the Secretary shall also provide recommendations for how the Centers for Medicare & Medicaid Services should— (i) obtain access to the necessary data (if such data is not already being collected) on such factors, including recommendations on how to address barriers to the Centers in accessing such data; and (ii) account for such factors in determining payment adjustments based on quality and resource use outcome measures under the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w–4(q)) and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (E) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph $6,000,000, to remain available until expended. (2) CMS activities (A) Hierarchal Condition Category (HCC) improvement Taking into account the relevant studies conducted and recommendations made in reports under paragraph (1), the Secretary, on an ongoing basis, shall, as the Secretary determines appropriate, estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (B) Accounting for other factors in payment adjustment mechanisms (i) In general Taking into account the studies conducted and recommendations made in reports under paragraph (1) and other information as appropriate, the Secretary shall, as the Secretary determines appropriate, account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustment mechanisms under provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (ii) Accessing data The Secretary shall collect or otherwise obtain access to the data necessary to carry out this paragraph through existing and new data sources. (iii) Periodic analyses The Secretary shall carry out periodic analyses, at least every 3 years, based on the factors referred to in clause (i) so as to monitor changes in possible relationships. (C) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph and the application of this paragraph to the Merit-based Incentive Payment System under section 1848(q) of such Act $10,000,000, to remain available until expended. (3) Strategic plan for accessing race and ethnicity data Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and report to Congress on a strategic plan for collecting or otherwise accessing data on race and ethnicity for purposes of carrying out the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (g) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (r) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement (1) In general In order to involve the physician, practitioner, and other stakeholder communities in enhancing the infrastructure for resource use measurement, including for purposes of the value-based performance incentive program under subsection (q) and alternative payment models under section 1833(z), the Secretary shall undertake the steps described in the succeeding provisions of this subsection. (2) Development of care episode and patient condition groups and classification codes (A) In general In order to classify similar patients into care episode groups and patient condition groups, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Public availability of existing efforts to design an episode grouper Not later than 120 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a list of the episode groups developed pursuant to subsection (n)(9)(A) and related descriptive information. (C) Stakeholder input The Secretary shall accept, through the date that is 60 days after the day the Secretary posts the list pursuant to subparagraph (B), suggestions from physician specialty societies, applicable practitioner organizations, and other stakeholders for episode groups in addition to those posted pursuant to such subparagraph, and specific clinical criteria and patient characteristics to classify patients into— (i) care episode groups; and (ii) patient condition groups. (D) Development of proposed classification codes (i) In general Taking into account the information described in subparagraph (B) and the information received under subparagraph (C), the Secretary shall— (I) establish care episode groups and patient condition groups, which account for a target of an estimated 2/3 (II) assign codes to such groups. (ii) Care episode groups In establishing the care episode groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical problems at the time items and services are furnished during an episode of care, such as the clinical conditions or diagnoses, whether or not inpatient hospitalization is anticipated or occurs, and the principal procedures or services planned or furnished; and (II) other factors determined appropriate by the Secretary. (iii) Patient condition groups In establishing the patient condition groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical history at the time of each medical visit, such as the patient’s combination of chronic conditions, current health status, and recent significant history (such as hospitalization and major surgery during a previous period, such as 3 months); and (II) other factors determined appropriate by the Secretary, such as eligibility status under this title (including eligibility under section 226(a), 226(b), or 226A, and dual eligibility under this title and title XIX). (E) Draft care episode and patient condition groups and classification codes Not later than 180 days after the end of the comment period described in subparagraph (C), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the care episode and patient condition codes established under subparagraph (D) (and the criteria and characteristics assigned to such code). (F) Solicitation of input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (E), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the care episode and patient condition groups (and codes) posted under subparagraph (E). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include use of open door forums, town hall meetings, or other appropriate mechanisms. (G) Operational list of care episode and patient condition groups and codes Not later than 180 days after the end of the comment period described in subparagraph (F), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of care episode and patient condition codes (and the criteria and characteristics assigned to such code). (H) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational lists of care episode and patient condition codes as the Secretary determines may be appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (3) Attribution of patients to physicians or practitioners (A) In general In order to facilitate the attribution of patients and episodes (in whole or in part) to one or more physicians or applicable practitioners furnishing items and services, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Development of patient relationship categories and codes The Secretary shall develop patient relationship categories and codes that define and distinguish the relationship and responsibility of a physician or applicable practitioner with a patient at the time of furnishing an item or service. Such patient relationship categories shall include different relationships of the physician or applicable practitioner to the patient (and the codes may reflect combinations of such categories), such as a physician or applicable practitioner who— (i) considers themself to have the primary responsibility for the general and ongoing care for the patient over extended periods of time; (ii) considers themself to be the lead physician or practitioner and who furnishes items and services and coordinates care furnished by other physicians or practitioners for the patient during an acute episode; (iii) furnishes items and services to the patient on a continuing basis during an acute episode of care, but in a supportive rather than a lead role; (iv) furnishes items and services to the patient on an occasional basis, usually at the request of another physician or practitioner; or (v) furnishes items and services only as ordered by another physician or practitioner. (C) Draft list of patient relationship categories and codes Not later than 270 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the patient relationship categories and codes developed under subparagraph (B). (D) Stakeholder Input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (C), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the patient relationship categories and codes posted under subparagraph (C). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (E) Operational list of patient relationship categories and codes Not later than 180 days after the end of the comment period described in subparagraph (D), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of patient relationship categories and codes. (F) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational list of patient relationship categories and codes as the Secretary determines appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (4) Reporting of information for resource use measurement Claims submitted for items and services furnished by a physician or applicable practitioner on or after January 1, 2017, shall, as determined appropriate by the Secretary, include— (A) applicable codes established under paragraphs (2) and (3); and (B) the national provider identifier of the ordering physician or applicable practitioner (if different from the billing physician or applicable practitioner). (5) Methodology for resource use analysis (A) In general In order to evaluate the resources used to treat patients (with respect to care episode and patient condition groups), the Secretary shall— (i) use the patient relationship codes reported on claims pursuant to paragraph (4) to attribute patients (in whole or in part) to one or more physicians and applicable practitioners; (ii) use the care episode and patient condition codes reported on claims pursuant to paragraph (4) as a basis to compare similar patients and care episodes and patient condition groups; and (iii) conduct an analysis of resource use (with respect to care episodes and patient condition groups of such patients), as the Secretary determines appropriate. (B) Analysis of patients of physicians and practitioners In conducting the analysis described in subparagraph (A)(iii) with respect to patients attributed to physicians and applicable practitioners, the Secretary shall, as feasible— (i) use the claims data experience of such patients by patient condition codes during a common period, such as 12 months; and (ii) use the claims data experience of such patients by care episode codes— (I) in the case of episodes without a hospitalization, during periods of time (such as the number of days) determined appropriate by the Secretary; and (II) in the case of episodes with a hospitalization, during periods of time (such as the number of days) before, during, and after the hospitalization. (C) Measurement of resource use In measuring such resource use, the Secretary— (i) shall use per patient total allowed charges for all services under part A and this part (and, if the Secretary determines appropriate, part D) for the analysis of patient resource use, by care episode codes and by patient condition codes; and (ii) may, as determined appropriate, use other measures of allowed charges (such as subtotals for categories of items and services) and measures of utilization of items and services (such as frequency of specific items and services and the ratio of specific items and services among attributed patients or episodes). (D) Stakeholder Input The Secretary shall seek comments from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the resource use methodology established pursuant to this paragraph. In seeking comments the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (6) Implementation To the extent that the Secretary contracts with an entity to carry out any part of the provisions of this subsection, the Secretary may not contract with an entity or an entity with a subcontract if the entity or subcontracting entity currently makes recommendations to the Secretary on relative values for services under the fee schedule for physicians’ services under this section. (7) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of— (A) care episode and patient condition groups and codes established under paragraph (2); (B) patient relationship categories and codes established under paragraph (3); and (C) measurement of, and analyses of resource use with respect to, care episode and patient condition codes and patient relationship codes pursuant to paragraph (5). (8) Administration Chapter 35 (9) Definitions In this section: (A) Physician The term physician (B) Applicable practitioner The term applicable practitioner (i) a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)); and (ii) beginning January 1, 2018, such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary. (10) Clarification The provisions of sections 1890(b)(7) and 1890A shall not apply to this subsection. . 3. Priorities and funding for measure development Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (s) Priorities and funding for measure development (1) Plan identifying measure development priorities and timelines (A) Draft measure development plan Not later than January 1, 2015, the Secretary shall develop, and post on the Internet website of the Centers for Medicare & Medicaid Services, a draft plan for the development of quality measures for application under the applicable provisions (as defined in paragraph (5)). Under such plan the Secretary shall— (i) address how measures used by private payers and integrated delivery systems could be incorporated under title XVIII; (ii) describe how coordination, to the extent possible, will occur across organizations developing such measures; and (iii) take into account how clinical best practices and clinical practice guidelines should be used in the development of quality measures. (B) Quality domains For purposes of this subsection, the term quality domains (i) Clinical care. (ii) Safety. (iii) Care coordination. (iv) Patient and caregiver experience. (v) Population health and prevention. (C) Consideration In developing the draft plan under this paragraph, the Secretary shall consider— (i) gap analyses conducted by the entity with a contract under section 1890(a) or other contractors or entities; (ii) whether measures are applicable across health care settings; (iii) clinical practice improvement activities submitted under subsection (q)(2)(C)(iv) for identifying possible areas for future measure development and identifying existing gaps with respect to such measures; and (iv) the quality domains applied under this subsection. (D) Priorities In developing the draft plan under this paragraph, the Secretary shall give priority to the following types of measures: (i) Outcome measures, including patient reported outcome and functional status measures. (ii) Patient experience measures. (iii) Care coordination measures. (iv) Measures of appropriate use of services, including measures of over use. (E) Stakeholder input The Secretary shall accept through March 1, 2015, comments on the draft plan posted under paragraph (1)(A) from the public, including health care providers, payers, consumers, and other stakeholders. (F) Final measure development plan Not later than May 1, 2015, taking into account the comments received under this subparagraph, the Secretary shall finalize the plan and post on the Internet website of the Centers for Medicare & Medicaid Services an operational plan for the development of quality measures for use under the applicable provisions. Such plan shall be updated as appropriate. (2) Contracts and other arrangements for quality measure development (A) In general The Secretary shall enter into contracts or other arrangements with entities for the purpose of developing, improving, updating, or expanding in accordance with the plan under paragraph (1) quality measures for application under the applicable provisions. Such entities shall include organizations with quality measure development expertise. (B) Prioritization (i) In general In entering into contracts or other arrangements under subparagraph (A), the Secretary shall give priority to the development of the types of measures described in paragraph (1)(D). (ii) Consideration In selecting measures for development under this subsection, the Secretary shall consider— (I) whether such measures would be electronically specified; and (II) clinical practice guidelines to the extent that such guidelines exist. (3) Annual report by the Secretary (A) In general Not later than May 1, 2016, and annually thereafter, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a report on the progress made in developing quality measures for application under the applicable provisions. (B) Requirements Each report submitted pursuant to subparagraph (A) shall include the following: (i) A description of the Secretary’s efforts to implement this paragraph. (ii) With respect to the measures developed during the previous year— (I) a description of the total number of quality measures developed and the types of such measures, such as an outcome or patient experience measure; (II) the name of each measure developed; (III) the name of the developer and steward of each measure; (IV) with respect to each type of measure, an estimate of the total amount expended under this title to develop all measures of such type; and (V) whether the measure would be electronically specified. (iii) With respect to measures in development at the time of the report— (I) the information described in clause (ii), if available; and (II) a timeline for completion of the development of such measures. (iv) A description of any updates to the plan under paragraph (1) (including newly identified gaps and the status of previously identified gaps) and the inventory of measures applicable under the applicable provisions. (v) Other information the Secretary determines to be appropriate. (4) Stakeholder input With respect to paragraph (1), the Secretary shall seek stakeholder input with respect to— (A) the identification of gaps where no quality measures exist, particularly with respect to the types of measures described in paragraph (1)(D); (B) prioritizing quality measure development to address such gaps; and (C) other areas related to quality measure development determined appropriate by the Secretary. (5) Definition of applicable provisions In this subsection, the term applicable provisions (A) Subsection (q)(2)(B)(i). (B) Section 1833(z)(2)(C). (6) Funding For purposes of carrying out this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $15,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this paragraph shall remain available through the end of fiscal year 2021. . 4. Encouraging care management for individuals with chronic care needs (a) In general Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) (8) Encouraging care management for individuals with chronic care needs (A) In general In order to encourage the management of care by an applicable provider (as defined in subparagraph (B)) for individuals with chronic care needs the Secretary shall— (i) establish one or more HCPCS codes for chronic care management services for such individuals; and (ii) subject to subparagraph (D), make payment (as the Secretary determines to be appropriate) under this section for such management services furnished on or after January 1, 2015, by an applicable provider. (B) Applicable provider defined For purposes of this paragraph, the term applicable provider (i) is recognized as such a medical home or comparable specialty practice by an organization that is recognized by the Secretary for purposes of such recognition as such a medical home or practice; or (ii) meets such other comparable qualifications as the Secretary determines to be appropriate. (C) Budget neutrality The budget neutrality provision under subsection (c)(2)(B)(ii)(II) shall apply in establishing the payment under subparagraph (A)(ii). (D) Policies relating to payment In carrying out this paragraph, with respect to chronic care management services, the Secretary shall— (i) make payment to only one applicable provider for such services furnished to an individual during a period; (ii) not make payment under subparagraph (A) if such payment would be duplicative of payment that is otherwise made under this title for such services (such as in the case of hospice care or home health services); and (iii) not require that an annual wellness visit (as defined in section 1861(hhh)) or an initial preventive physical examination (as defined in section 1861(ww)) be furnished as a condition of payment for such management services. . (b) Education and outreach (1) Campaign (A) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary (B) Requirements Such campaign shall— (i) be directed by the Office of Rural Health Policy of the Department of Health and Human Services and the Office of Minority Health of the Centers for Medicare & Medicaid Services; and (ii) focus on encouraging participation by underserved rural populations and racial and ethnic minority populations. (2) Report (A) In general Not later than December 31, 2017, the Secretary shall submit to Congress a report on the use of chronic care management services described in such section 1848(b)(8) by individuals living in rural areas and by racial and ethnic minority populations. Such report shall— (i) identify barriers to receiving chronic care management services; and (ii) make recommendations for increasing the appropriate use of chronic care management services. 5. Ensuring accurate valuation of services under the physician fee schedule (a) Authority To collect and use information on physicians’ services in the determination of relative values (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (M) Authority to collect and use information on physicians’ services in the determination of relative values (i) Collection of information Notwithstanding any other provision of law, the Secretary may collect or obtain information on the resources directly or indirectly related to furnishing services for which payment is made under the fee schedule established under subsection (b). Such information may be collected or obtained from any eligible professional or any other source. (ii) Use of information Notwithstanding any other provision of law, subject to clause (v), the Secretary may (as the Secretary determines appropriate) use information collected or obtained pursuant to clause (i) in the determination of relative values for services under this section. (iii) Types of information The types of information described in clauses (i) and (ii) may, at the Secretary’s discretion, include any or all of the following: (I) Time involved in furnishing services. (II) Amounts and types of practice expense inputs involved with furnishing services. (III) Prices (net of any discounts) for practice expense inputs, which may include paid invoice prices or other documentation or records. (IV) Overhead and accounting information for practices of physicians and other suppliers. (V) Any other element that would improve the valuation of services under this section. (iv) Information collection mechanisms Information may be collected or obtained pursuant to this subparagraph from any or all of the following: (I) Surveys of physicians, other suppliers, providers of services, manufacturers, and vendors. (II) Surgical logs, billing systems, or other practice or facility records. (III) Electronic health records. (IV) Any other mechanism determined appropriate by the Secretary. (v) Transparency of use of information (I) In general Subject to subclauses (II) and (III), if the Secretary uses information collected or obtained under this subparagraph in the determination of relative values under this subsection, the Secretary shall disclose the information source and discuss the use of such information in such determination of relative values through notice and comment rulemaking. (II) Thresholds for use The Secretary may establish thresholds in order to use such information, including the exclusion of information collected or obtained from eligible professionals who use very high resources (as determined by the Secretary) in furnishing a service. (III) Disclosure of information The Secretary shall make aggregate information available under this subparagraph but shall not disclose information in a form or manner that identifies an eligible professional or a group practice, or information collected or obtained pursuant to a nondisclosure agreement. (vi) Incentive to participate The Secretary may provide for such payments under this part to an eligible professional that submits such solicited information under this subparagraph as the Secretary determines appropriate in order to compensate such eligible professional for such submission. Such payments shall be provided in a form and manner specified by the Secretary. (vii) Administration Chapter 35 (viii) Definition of eligible professional In this subparagraph, the term eligible professional (ix) Funding For purposes of carrying out this subparagraph, in addition to funds otherwise appropriated, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $2,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year beginning with fiscal year 2014. Amounts transferred under the preceding sentence for a fiscal year shall be available until expended. . (2) Limitation on review Section 1848(i)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(i)(1) (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting , and (C) by adding at the end the following new subparagraph: (F) the collection and use of information in the determination of relative values under subsection (c)(2)(M). . (b) Authority for alternative approaches To establishing practice expense relative values Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (N) Authority for alternative approaches to establishing practice expense relative values The Secretary may establish or adjust practice expense relative values under this subsection using cost, charge, or other data from suppliers or providers of services, including information collected or obtained under subparagraph (M). . (c) Revised and expanded identification of potentially misvalued codes Section 1848(c)(2)(K)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(K)(ii) (ii) Identification of potentially misvalued codes For purposes of identifying potentially misvalued codes pursuant to clause (i)(I), the Secretary shall examine codes (and families of codes as appropriate) based on any or all of the following criteria: (I) Codes that have experienced the fastest growth. (II) Codes that have experienced substantial changes in practice expenses. (III) Codes that describe new technologies or services within an appropriate time period (such as 3 years) after the relative values are initially established for such codes. (IV) Codes which are multiple codes that are frequently billed in conjunction with furnishing a single service. (V) Codes with low relative values, particularly those that are often billed multiple times for a single treatment. (VI) Codes that have not been subject to review since implementation of the fee schedule. (VII) Codes that account for the majority of spending under the physician fee schedule. (VIII) Codes for services that have experienced a substantial change in the hospital length of stay or procedure time. (IX) Codes for which there may be a change in the typical site of service since the code was last valued. (X) Codes for which there is a significant difference in payment for the same service between different sites of service. (XI) Codes for which there may be anomalies in relative values within a family of codes. (XII) Codes for services where there may be efficiencies when a service is furnished at the same time as other services. (XIII) Codes with high intra-service work per unit of time. (XIV) Codes with high practice expense relative value units. (XV) Codes with high cost supplies. (XVI) Codes as determined appropriate by the Secretary. . (d) Target for relative value adjustments for misvalued services (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (O) Target for relative value adjustments for misvalued services With respect to fee schedules established for each of 2015 through 2018, the following shall apply: (i) Determination of net reduction in expenditures For each year, the Secretary shall determine the estimated net reduction in expenditures under the fee schedule under this section with respect to the year as a result of adjustments to the relative values established under this paragraph for misvalued codes. (ii) Budget neutral redistribution of funds if target met and counting overages towards the target for the succeeding year If the estimated net reduction in expenditures determined under clause (i) for the year is equal to or greater than the target for the year— (I) reduced expenditures attributable to such adjustments shall be redistributed for the year in a budget neutral manner in accordance with subparagraph (B)(ii)(II); and (II) the amount by which such reduced expenditures exceeds the target for the year shall be treated as a reduction in expenditures described in clause (i) for the succeeding year, for purposes of determining whether the target has or has not been met under this subparagraph with respect to that year. (iii) Exemption from budget neutrality if target not met If the estimated net reduction in expenditures determined under clause (i) for the year is less than the target for the year, reduced expenditures in an amount equal to the target recapture amount shall not be taken into account in applying subparagraph (B)(ii)(II) with respect to fee schedules beginning with 2015. (iv) Target recapture amount For purposes of clause (iii), the target recapture amount is, with respect to a year, an amount equal to the difference between— (I) the target for the year; and (II) the estimated net reduction in expenditures determined under clause (i) for the year. (v) Target For purposes of this subparagraph, with respect to a year, the target is calculated as 0.5 percent of the estimated amount of expenditures under the fee schedule under this section for the year. . (2) Conforming amendment Section 1848(c)(2)(B)(v) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(v) (VIII) Reductions for misvalued services if target not met Effective for fee schedules beginning with 2015, reduced expenditures attributable to the application of the target recapture amount described in subparagraph (O)(iii). . (e) Phase-In of significant relative value unit (RVU) reductions (1) In general Section 1848(c) of the Social Security Act ( 42 U.S.C. 1395w–4(c) (7) Phase-in of significant relative value unit (RVU) reductions Effective for fee schedules established beginning with 2015, if the total relative value units for a service for a year would otherwise be decreased by an estimated amount equal to or greater than 20 percent as compared to the total relative value units for the previous year, the applicable adjustments in work, practice expense, and malpractice relative value units shall be phased-in over a 2-year period. . (2) Conforming amendments Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (A) in subparagraph (B)(ii)(I), by striking subclause (II) subclause (II) and paragraph (7) (B) in subparagraph (K)(iii)(VI)— (i) by striking provisions of subparagraph (B)(ii)(II) provisions of subparagraph (B)(ii)(II) and paragraph (7) (ii) by striking under subparagraph (B)(ii)(II) under subparagraph (B)(ii)(I) (f) Authority To smooth relative values within groups of services Section 1848(c)(2)(C) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(C) (1) in each of clauses (i) and (iii), by striking the service the service or group of services (2) in the first sentence of clause (ii), by inserting or group of services (g) GAO study and report on Relative Value Scale Update Committee (1) Study The Comptroller General of the United States (in this subsection referred to as the Comptroller General (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1). (h) Adjustment to Medicare payment localities (1) In general Section 1848(e) of the Social Security Act ( 42 U.S.C. 1395w–4(e) (6) Use of MSAs as fee schedule areas in California (A) In general Subject to the succeeding provisions of this paragraph and notwithstanding the previous provisions of this subsection, for services furnished on or after January 1, 2017, the fee schedule areas used for payment under this section applicable to California shall be the following: (i) Each Metropolitan Statistical Area (each in this paragraph referred to as an MSA (ii) All areas not included in an MSA shall be treated as a single rest-of-State fee schedule area. (B) Transition for MSAs previously in rest-of-State payment locality or in locality 3 (i) In general For services furnished in California during a year beginning with 2017 and ending with 2021 in an MSA in a transition area (as defined in subparagraph (D)), subject to subparagraph (C), the geographic index values to be applied under this subsection for such year shall be equal to the sum of the following: (I) Current law component The old weighting factor (described in clause (ii)) for such year multiplied by the geographic index values under this subsection for the fee schedule area that included such MSA that would have applied in such area (as estimated by the Secretary) if this paragraph did not apply. (II) MSA-based component The MSA-based weighting factor (described in clause (iii)) for such year multiplied by the geographic index values computed for the fee schedule area under subparagraph (A) for the year (determined without regard to this subparagraph). (ii) Old weighting factor The old weighting factor described in this clause— (I) for 2017, is 5/6 (II) for each succeeding year, is the old weighting factor described in this clause for the previous year minus 1/6 (iii) MSA-based weighting factor The MSA-based weighting factor described in this clause for a year is 1 minus the old weighting factor under clause (ii) for that year. (C) Hold harmless For services furnished in a transition area in California during a year beginning with 2017, the geographic index values to be applied under this subsection for such year shall not be less than the corresponding geographic index values that would have applied in such transition area (as estimated by the Secretary) if this paragraph did not apply. (D) Transition area defined In this paragraph, the term transition area (i) The rest-of-State payment locality. (ii) Payment locality 3. (E) References to fee schedule areas Effective for services furnished on or after January 1, 2017, for California, any reference in this section to a fee schedule area shall be deemed a reference to a fee schedule area established in accordance with this paragraph. . (2) Conforming amendment to definition of fee schedule area Section 1848(j)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(2) The term Except as provided in subsection (e)(6)(D), the term (i) Disclosure of data used To establish multiple procedure payment reduction policy The Secretary of Health and Human Services shall make publicly available the information used to establish the multiple procedure payment reduction policy to the professional component of imaging services in the final rule published in the Federal Register, v. 77, n. 222, November 16, 2012, pages 68891–69380 under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 6. Promoting evidence-based care (a) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Recognizing appropriate use criteria for certain imaging services (1) Program established (A) In general The Secretary shall establish a program to promote the use of appropriate use criteria (as defined in subparagraph (B)) for applicable imaging services (as defined in subparagraph (C)) furnished in an applicable setting (as defined in subparagraph (D)) by ordering professionals and furnishing professionals (as defined in subparagraphs (E) and (F), respectively). (B) Appropriate use criteria defined In this subsection, the term appropriate use criteria (C) Applicable imaging service defined In this subsection, the term applicable imaging service (i) one or more applicable appropriate use criteria specified under paragraph (2) apply; (ii) there are one or more qualified clinical decision support mechanisms listed under paragraph (3)(C); and (iii) one or more of such mechanisms is available free of charge. (D) Applicable setting defined In this subsection, the term applicable setting (E) Ordering professional defined In this subsection, the term ordering professional (F) Furnishing professional defined In this subsection, the term furnishing professional (2) Establishment of applicable appropriate use criteria (A) In general Not later than November 15, 2015, the Secretary shall through rulemaking, and in consultation with physicians, practitioners, and other stakeholders, specify applicable appropriate use criteria for applicable imaging services only from among appropriate use criteria developed or endorsed by national professional medical specialty societies or other provider-led entities. (B) Considerations In specifying applicable appropriate use criteria under subparagraph (A), the Secretary shall take into account whether the criteria— (i) have stakeholder consensus; (ii) are scientifically valid and evidence based; and (iii) are based on studies that are published and reviewable by stakeholders. (C) Revisions The Secretary shall review, on an annual basis, the specified applicable appropriate use criteria to determine if there is a need to update or revise (as appropriate) such specification of applicable appropriate use criteria and make such updates or revisions through rulemaking. (D) Treatment of multiple applicable appropriate use criteria In the case where the Secretary determines that more than one appropriate use criteria applies with respect to an applicable imaging service, the Secretary shall permit one or more applicable appropriate use criteria under this paragraph for the service. (3) Mechanisms for consultation with applicable appropriate use criteria (A) Identification of mechanisms to consult with applicable appropriate use criteria (i) In general The Secretary shall specify qualified clinical decision support mechanisms that could be used by ordering professionals to consult with applicable appropriate use criteria for applicable imaging services. (ii) Consultation The Secretary shall consult with physicians, practitioners, health care technology experts, and other stakeholders in specifying mechanisms under this paragraph. (iii) Inclusion of certain mechanisms Mechanisms specified under this paragraph may include any or all of the following that meet the requirements described in subparagraph (B)(ii): (I) Use of clinical decision support modules in certified EHR technology (as defined in section 1848(o)(4)). (II) Use of private sector clinical decision support mechanisms that are independent from certified EHR technology, which may include use of clinical decision support mechanisms available from medical specialty organizations. (III) Use of a clinical decision support mechanism established by the Secretary. (B) Qualified clinical decision support mechanisms (i) In general For purposes of this subsection, a qualified clinical decision support mechanism is a mechanism that the Secretary determines meets the requirements described in clause (ii). (ii) Requirements The requirements described in this clause are the following: (I) The mechanism makes available to the ordering professional applicable appropriate use criteria specified under paragraph (2) and the supporting documentation for the applicable imaging service ordered. (II) In the case where there are more than one applicable appropriate use criteria specified under such paragraph for an applicable imaging service, the mechanism indicates the criteria that it uses for the service. (III) The mechanism determines the extent to which an applicable imaging service ordered is consistent with the applicable appropriate use criteria so specified. (IV) The mechanism generates and provides to the ordering professional a certification or documentation that documents that the qualified clinical decision support mechanism was consulted by the ordering professional. (V) The mechanism is updated on a timely basis to reflect revisions to the specification of applicable appropriate use criteria under such paragraph. (VI) The mechanism meets privacy and security standards under applicable provisions of law. (VII) The mechanism performs such other functions as specified by the Secretary, which may include a requirement to provide aggregate feedback to the ordering professional. (C) List of mechanisms for consultation with applicable appropriate use criteria (i) Initial list Not later than April 1, 2016, the Secretary shall publish a list of mechanisms specified under this paragraph. (ii) Periodic updating of list The Secretary shall identify on an annual basis the list of qualified clinical decision support mechanisms specified under this paragraph. (4) Consultation with applicable appropriate use criteria (A) Consultation by ordering professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service ordered by an ordering professional that would be furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), an ordering professional shall— (i) consult with a qualified decision support mechanism listed under paragraph (3)(C); and (ii) provide to the furnishing professional the information described in clauses (i) through (iii) of subparagraph (B). (B) Reporting by furnishing professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), payment for such service may only be made if the claim for the service includes the following: (i) Information about which qualified clinical decision support mechanism was consulted by the ordering professional for the service. (ii) Information regarding— (I) whether the service ordered would adhere to the applicable appropriate use criteria specified under paragraph (2); (II) whether the service ordered would not adhere to such criteria; or (III) whether such criteria was not applicable to the service ordered. (iii) The national provider identifier of the ordering professional (if different from the furnishing professional). (C) Exceptions The provisions of subparagraphs (A) and (B) and paragraph (6)(A) shall not apply to the following: (i) Emergency services An applicable imaging service ordered for an individual with an emergency medical condition (as defined in section 1867(e)(1)). (ii) Inpatient services An applicable imaging service ordered for an inpatient and for which payment is made under part A. (iii) Alternative payment models An applicable imaging service ordered by an ordering professional with respect to an individual attributed to an alternative payment model (as defined in section 1833(z)(3)(C)). (iv) Significant hardship An applicable imaging service ordered by an ordering professional who the Secretary may, on a case-by-case basis, exempt from the application of such provisions if the Secretary determines, subject to annual renewal, that consultation with applicable appropriate use criteria would result in a significant hardship, such as in the case of a professional who practices in a rural area without sufficient Internet access. (D) Applicable payment system defined In this subsection, the term applicable payment system (i) The physician fee schedule established under section 1848(b). (ii) The prospective payment system for hospital outpatient department services under section 1833(t). (iii) The ambulatory surgical center payment systems under section 1833(i). (5) Identification of outlier ordering professionals (A) In general With respect to applicable imaging services furnished beginning with 2017, the Secretary shall determine, on an annual basis, no more than five percent of the total number of ordering professionals who are outlier ordering professionals. (B) Outlier ordering professionals The determination of an outlier ordering professional shall— (i) be based on low adherence to applicable appropriate use criteria specified under paragraph (2), which may be based on comparison to other ordering professionals; and (ii) include data for ordering professionals for whom prior authorization under paragraph (6)(A) applies. (C) Use of two years of data The Secretary shall use two years of data to identify outlier ordering professionals under this paragraph. (D) Process The Secretary shall establish a process for determining when an outlier ordering professional is no longer an outlier ordering professional. (E) Consultation with stakeholders The Secretary shall consult with physicians, practitioners and other stakeholders in developing methods to identify outlier ordering professionals under this paragraph. (6) Prior authorization for ordering professionals who are outliers (A) In general Beginning January 1, 2020, subject to paragraph (4)(C), with respect to services furnished during a year, the Secretary shall, for a period determined appropriate by the Secretary, apply prior authorization for applicable imaging services that are ordered by an outlier ordering professional identified under paragraph (5). (B) Appropriate use criteria in prior authorization In applying prior authorization under subparagraph (A), the Secretary shall utilize only the applicable appropriate use criteria specified under this subsection. (C) Funding For purposes of carrying out this paragraph, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $5,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2019 through 2021. Amounts transferred under the preceding sentence shall remain available until expended. (7) Construction Nothing in this subsection shall be construed as granting the Secretary the authority to develop or initiate the development of clinical practice guidelines or appropriate use criteria. . (b) Conforming amendment Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) (E) Application of appropriate use criteria for certain imaging services For provisions relating to the application of appropriate use criteria for certain imaging services, see section 1834(p). . (c) Report on experience of imaging appropriate use criteria program Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes a description of the extent to which appropriate use criteria could be used for other services under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. 7. Empowering beneficiary choices through access to information on physicians’ services (a) In general The Secretary shall make publicly available on Physician Compare the information described in subsection (b) with respect to eligible professionals. (b) Information described The following information, with respect to an eligible professional, is described in this subsection: (1) Information on the number of services furnished by the eligible professional under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. (2) Information on submitted charges and payments for services under such part. (3) A unique identifier for the eligible professional that is available to the public, such as a national provider identifier. (c) Searchability The information made available under this section shall be searchable by at least the following: (1) The specialty or type of the eligible professional. (2) Characteristics of the services furnished, such as volume or groupings of services. (3) The location of the eligible professional. (d) Disclosure The information made available under this section shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (e) Implementation (1) Initial implementation Physician Compare shall include the information described in subsection (b)— (A) with respect to physicians, by not later than July 1, 2015; and (B) with respect to other eligible professionals, by not later than July 1, 2016. (2) Annual updating The information made available under this section shall be updated on Physician Compare not less frequently than on an annual basis. (f) Opportunity To review and submit corrections The Secretary shall provide for an opportunity for an eligible professional to review, and submit corrections for, the information to be made public with respect to the eligible professional under this section prior to such information being made public. (g) Definitions In this section: (1) Eligible professional; physician; secretary The terms eligible professional physician Secretary Public Law 111–148 (2) Physician Compare The term Physician Compare 8. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) Additional analyses (A) In general Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses (i) Employers Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data (A) Access To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information (A) In general Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data (A) In general Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach (A) In general In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title— (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t (8) Annual reports Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes— (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions In this subsection and subsection (b): (A) Authorized user The term authorized user (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services The term provider of services (C) Qualified entity The term qualified entity (D) Secretary The term Secretary (E) Supplier The term supplier (b) Access to Medicare data by qualified clinical data registries To facilitate quality improvement (1) Access (A) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) (B) Data described The data described in this subparagraph is— (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of data available to qualified entities Section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (1) in the subsection heading, by striking Medicare (2) in paragraph (3)— (A) by inserting after the first sentence the following new sentence: Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity. (B) in the last sentence, by inserting or under titles XIX or XXI (d) Revision of placement of fees Section 1874(e)(4)(A) of the Social Security Act ( 42 U.S.C. 1395kk(e)(4)(A) (1) by inserting , for periods prior to July 1, 2015, deposited (2) by inserting the following before the period at the end: , and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account 9. Reducing administrative burden and other provisions (a) Medicare physician and practitioner opt-Out to private contract (1) Indefinite, continuing automatic extension of opt out election (A) In general Section 1802(b)(3) of the Social Security Act ( 42 U.S.C. 1395a(b)(3) (i) in subparagraph (B)(ii), by striking during the 2-year period beginning on the date the affidavit is signed during the applicable 2-year period (as defined in subparagraph (D)) (ii) in subparagraph (C), by striking during the 2-year period described in subparagraph (B)(ii) during the applicable 2-year period (iii) by adding at the end the following new subparagraph: (D) Applicable 2-year periods for effectiveness of affidavits In this subsection, the term applicable 2-year period . (B) Effective date The amendments made by subparagraph (A) shall apply to affidavits entered into on or after the date that is 60 days after the date of the enactment of this Act. (2) Public availability of information on opt-out physicians and practitioners Section 1802(b) of the Social Security Act ( 42 U.S.C. 1395a(b) (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Opt-out physician or practitioner The term opt-out physician or practitioner ; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: (5) Posting of information on opt-out physicians and practitioners (A) In general Beginning not later than February 1, 2015, the Secretary shall make publicly available through an appropriate publicly accessible website of the Department of Health and Human Services information on the number and characteristics of opt-out physicians and practitioners and shall update such information on such website not less often than annually. (B) Information to be included The information to be made available under subparagraph (A) shall include at least the following with respect to opt-out physicians and practitioners: (i) Their number. (ii) Their physician or professional specialty or other designation. (iii) Their geographic distribution. (iv) The timing of their becoming opt-out physicians and practitioners, relative to when they first entered practice and with respect to applicable 2-year periods. (v) The proportion of such physicians and practitioners who billed for emergency or urgent care services. . (b) Gainsharing study and report Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall submit to Congress a report with legislative recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. The report shall— (1) consider whether such provisions should apply to ownership interests, compensation arrangements, or other relationships; (2) describe how the recommendations address accountability, transparency, and quality, including how best to limit inducements to stint on care, discharge patients prematurely, or otherwise reduce or limit medically necessary care; and (3) consider whether a portion of any savings generated by such arrangements should accrue to the Medicare program under title XVIII of the Social Security Act. (c) Promoting interoperability of electronic health record systems (1) Recommendations for achieving widespread EHR interoperability (A) Objective As a consequence of a significant Federal investment in the implementation of health information technology through the Medicare and Medicaid EHR incentive programs, Congress declares it a national objective to achieve widespread exchange of health information through interoperable certified EHR technology nationwide by December 31, 2017. (B) Definitions In this paragraph: (i) Widespread interoperability The term widespread interoperability (ii) Interoperability The term interoperability (C) Establishment of metrics Not later than July 1, 2015, and in consultation with stakeholders, the Secretary shall establish metrics to be used to determine if and to the extent that the objective described in subparagraph (A) has been achieved. (D) Recommendations if objective not achieved If the Secretary of Health and Human Services determines that the objective described in subparagraph (A) has not been achieved by December 31, 2017, then the Secretary shall submit to Congress a report, by not later than December 31, 2018, that identifies barriers to such objective and recommends actions that the Federal Government can take to achieve such objective. Such recommended actions may include recommendations— (i) to adjust payments for not being meaningful EHR users under the Medicare EHR incentive programs; and (ii) for criteria for decertifying certified EHR technology products. (2) Preventing blocking the sharing of information (A) For meaningful EHR professionals Section 1848(o)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(ii) , and the professional demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the professional has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (B) For meaningful EHR hospitals Section 1886(n)(3)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(n)(3)(A)(ii) , and the hospital demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the hospital has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (C) Effective date The amendments made by this subsection shall apply to meaningful EHR users as of the date that is one year after the date of the enactment of this Act. (3) Study and report on the feasibility of establishing a website to compare certified EHR technology products (A) Study The Secretary shall conduct a study to examine the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR technology products to enable such users to directly compare the functionality and other features of such products. Such information may be made available through contracts with physician, hospital, or other organizations that maintain such comparative information. (B) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the website. The report shall include information on the benefits of, and resources needed to develop and maintain, such a website. (4) Definitions In this subsection: (A) The term certified EHR technology (B) The term meaningful EHR user (C) The term Medicare and Medicaid EHR incentive programs (i) in the case of the Medicare program under title XVIII of the Social Security Act, the incentive programs under section 1814(l)(3), section 1848(o), subsections (l) and (m) of section 1853, and section 1886(n) of the Social Security Act (42 U.S.C. 1395f(l)(3), 1395w–4(o), 1395w–23, 1395ww(n)); and (ii) in the case of the Medicaid program under title XIX of such Act, the incentive program under subsections (a)(3)(F) and (t) of section 1903 of such Act (42 U.S.C. 1396b). (D) The term Secretary (d) GAO studies and reports on the use of telehealth under Federal programs and on remote patient monitoring services (1) Study on telehealth services The Comptroller General of the United States shall conduct a study on the following: (A) How the definition of telehealth across various Federal programs and Federal efforts can inform the use of telehealth in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) Issues that can facilitate or inhibit the use of telehealth under the Medicare program under such title, including oversight and professional licensure, changing technology, privacy and security, infrastructure requirements, and varying needs across urban and rural areas. (C) Potential implications of greater use of telehealth with respect to payment and delivery system transformations under the Medicare program under such title XVIII and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. (D) How the Centers for Medicare & Medicaid Services conducts oversight of payments made under the Medicare program under such title XVIII to providers for telehealth services. (2) Study on remote patient monitoring services (A) In general The Comptroller General of the United States shall conduct a study— (i) of the dissemination of remote patient monitoring technology in the private health insurance market; (ii) of the financial incentives in the private health insurance market relating to adoption of such technology; (iii) of the barriers to adoption of such services under the Medicare program under title XVIII of the Social Security Act; (iv) that evaluates the patients, conditions, and clinical circumstances that could most benefit from remote patient monitoring services; and (v) that evaluates the challenges related to establishing appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (B) Definitions For purposes of this paragraph: (i) Remote patient monitoring services The term remote patient monitoring services (ii) Remote patient monitoring technology The term remote patient monitoring technology (3) Reports Not later than 24 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress— (A) a report containing the results of the study conducted under paragraph (1); and (B) a report containing the results of the study conducted under paragraph (2). A report required under this paragraph shall be submitted together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. The Comptroller General may submit one report containing the results described in subparagraphs (A) and (B) and the recommendations described in the previous sentence. (e) Rule of construction regarding healthcare provider standards of care (1) Maintenance of state standards The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— (A) to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or (B) to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. (2) Definitions For purposes of this subsection: (A) Federal health care provision The term Federal health care provision Public Law 111–148 Public Law 111–152 (B) Health care provider The term health care provider (i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (C) Medical malpractice or medical product liability action or claim The term medical malpractice or medical product liability action or claim 42 U.S.C. 11151(7) (D) State The term State (3) Preservation of State law No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152

SGR Repeal and Medicare Provider Payment Modernization Act of 2014

Wear American Act of 2014 - Directs the Federal Acquisition Regulation Council to amend the Federal Acquisition Regulation (FAR) to require federal agencies to procure textiles and apparel articles, including components for such articles, that are manufactured in the United States wholly from articles, materials, or supplies mined, produced or manufactured in the United States.

113 S2001 IS: Wear American Act of 2014 U.S. Senate 2014-02-06 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. 2001 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Brown Committee on Homeland Security and Governmental Affairs A BILL To require that textile and apparel articles acquired for use by executive agencies be manufactured from articles, materials, or supplies entirely grown, produced, or manufactured in the United States. 1. Short title This Act may be cited as the Wear American Act of 2014 2. Requirement to procure textile and apparel articles manufactured entirely of domestic components (a) In general Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation Council shall amend the Federal Acquisition Regulation to require Federal agencies to procure textiles and apparel articles, including components for such articles, that are manufactured in the United States wholly from articles, materials, or supplies mined, produced, or manufactured in the United States. The Federal Acquisition Regulation, as so amended, shall provide that the requirement applicable to textiles and apparel articles is subject to the same exceptions applicable to other articles, materials, and supplies under paragraphs (1) and (2) of section 8302(a) (b) Training The head of each Federal agency shall ensure that each member of the acquisition workforce of the agency who participates substantially in the agency's acquisition of textiles and apparel articles on a regular basis receives training on the requirements implemented pursuant to subsection (a) not later than 180 days after the date of the enactment of this Act.

Wear American Act of 2014

Motor Systems Market Awareness Act of 2014 - Directs the Secretary of Energy (DOE) to make a market assessment of motors and motor-driven systems used in the United States, and establish a program to increase motor end-user awareness of: (1) the energy efficiency and cost saving opportunities available to commercial and industrial facilities from using higher efficiency motors and motor-driven system technologies; (2) motor and motor-driven system procurement and management procedures; and (3) criteria for making decisions for new, replacement, or repair of motor and motor-driven system components.

113 S2002 IS: Motor Systems Market Awareness Act of 2014 U.S. Senate 2014-02-06 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. 2002 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Pryor Mr. Enzi Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to conduct a motor and motor-driven systems market assessment and public awareness program, and for other purposes. 1. Short title This Act may be cited as the Motor Systems Market Awareness Act of 2014 2. Findings Congress finds that— (1) motors and motor-driven systems account for a significant quantity of the electricity used in the United States; (2) motor electrical energy use is determined by the efficiency of the motor and the design of the motor-driven system in which the motor and the drive operate; (3) Federal Government research on commercial and industrial motors and motor-driven system use and efficiency is outdated; (4) the Bureau of the Census has discontinued collection of data on motor and generator importation, manufacture, shipment, and sales; (5) the last Department of Energy motor market assessment was conducted in 2002; (6) motor and motor-driven systems have changed dramatically during the 12-year period ending on the date of enactment of this Act; and (7) a new motor and motor-driven system market assessment will help United States manufacturers better understand the commercial marketplace and become more globally competitive. 3. Definitions In this Act: (1) Department The term Department (2) Interested parties The term interested parties (A) trade associations; (B) motor manufacturers; (C) manufacturers of variable speed drives, including variable frequency drives; (D) motor end users, including original equipment manufacturers that use motors to drive machinery; (E) permanent magnetic material manufacturers; (F) electric utilities; and (G) individuals and entities that conduct energy efficiency programs. (3) Secretary The term Secretary 4. Motor market assessment (a) In general The Secretary, in consultation with interested parties, shall conduct a market assessment of motors and motor-driven systems used in the United States. (b) Assessment In conducting the assessment under subsection (a), the Secretary shall— (1) develop a detailed profile of the stock of motors and motor-driven systems in commercial and industrial facilities of the United States (as of the date of enactment of this Act); (2) develop a profile of commercial and industrial motor and motor-driven system purchase and maintenance practices; (3) analyze the opportunities (by market segment) for improved energy efficiency and cost savings available through— (A) the use of energy efficient motors, variable speed drives, servo drives, and other control technologies; (B) optimization of motor-driven systems; and (C) substitution of existing motor designs with new and future advanced motor and motor-driven system designs, including— (i) electronically commutated permanent magnet motors; (ii) interior permanent magnet motors; (iii) switched reluctance motors; (iv) synchronous reluctance motors; and (v) variable speed drives; and (4) evaluate the state of the global supply chain that supports motor and drive technologies (as of the date of enactment of this Act), including— (A) the accessibility and sustainability of key materials; (B) the progress of research and development directed at decreasing the quantity of heavy rare earth materials required in high energy density permanent magnets; and (C) factors that may lead to an increase in domestic manufacturing of motor and drive technologies. (c) Report Not later than 540 days after the date of enactment of this Act, the Secretary shall publish and make available on the website of the Department a report on the assessment conducted under this section. (d) Recommendations The Secretary shall use the assessment and report required under this section— (1) to develop recommendations to update the detailed motor and motor-driven system profile on a periodic basis using readily available market information; and (2) to identify technology and research needs that could be met through joint industry and government partnership. 5. Public awareness program Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with interested parties, shall establish a program targeted at motor end-users to increase the awareness of the end-users of— (1) the energy efficiency and cost saving opportunities available to commercial and industrial facilities from using higher efficiency motors and motor-driven system technologies; (2) motor and motor-driven system procurement and management procedures; and (3) criteria for making decisions for new, replacement, or repair of motor and motor-driven system components.

Motor Systems Market Awareness Act of 2014

Renewable Energy Parity Act of 2014 - Amends the Internal Revenue Code to extend the energy tax credit to solar energy, fuel cell, microturbine, combined heat and power system, small wind energy, and thermal energy properties the construction of which begins before January 1, 2017.

113 S2003 IS: Renewable Energy Parity Act of 2014 U.S. Senate 2014-02-06 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. 2003 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Bennet Mr. Heller Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to extend the energy credit for certain property under construction. 1. Short title This Act may be cited as the Renewable Energy Parity Act of 2014 2. Extension of energy credit for certain property under construction (a) Solar energy property Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking periods ending property the construction of which begins (b) Qualified fuel cell property Section 48(c)(1)(D) of such Code is amended by striking for any period after December 31, 2016 the construction of which does not begin before January 1, 2017 (c) Qualified microturbine property Section 48(c)(2)(D) of such Code is amended by striking for any period after December 31, 2016 the construction of which does not begin before January 1, 2017 (d) Combined heat and power system property Section 48(c)(3)(A)(iv) of such Code is amended by striking which is placed in service construction of which begins (e) Qualified small wind energy property Section 48(c)(4)(C) of such Code is amended by striking for any period after December 31, 2016 the construction of which does not begin before January 1, 2017 (f) Thermal energy property Section 48(a)(3)(A)(vii) of such Code is amended by striking periods ending property the construction of which begins (g) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

Renewable Energy Parity Act of 2014

Safe Streets Act of 2014 - Requires each state to have in effect within two years a law, or each state department of transportation and metropolitan planning organization (MPO) an explicit policy statement, that requires all federally-funded transportation projects, with certain exceptions, to accommodate the safety and convenience of all users in accordance with certain complete streets principles. Defines "complete streets principles" as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, motorists, freight vehicles, and individuals with disabilities, are accommodated in all phases of project planning and development. Allows such law or policy to make project-specific exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population, employment densities, traffic volumes, or level of transit service around a roadway is so low that the expected roadway users will not include pedestrians, public transportation, freight vehicles, or bicyclists; and (2) all such exemptions are properly approved. Requires the Secretary of Transportation (DOT) to establish a method for evaluating compliance by state departments of transportation and MPOs with complete streets principles. Requires the Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. Requires the Secretary to conduct research regarding complete streets to: (1) assist states, MPOs, and local jurisdictions in developing and implementing complete streets-compliant plans, projects, procedures, policies, and training programs; and (2) establish benchmarks for, and provide technical guidance on, implementing complete streets policies and principles.

113 S2004 IS: Safe Streets Act of 2014 U.S. Senate 2014-02-06 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. 2004 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Begich Mr. Schatz Committee on Environment and Public Works A BILL To ensure the safety of all users of the transportation system, including pedestrians, bicyclists, transit users, children, older individuals, and individuals with disabilities, as they travel on and across federally funded streets and highways. 1. Short title This Act may be cited as the Safe Streets Act of 2014 2. Definitions In this Act: (1) Complete street The term complete street (2) Complete streets policy; complete streets principle The terms complete streets policy complete streets principle (A) the safe and adequate accommodation, in all phases of project planning and development, of all users of the transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and (B) the consideration of the safety and convenience of all users in all phases of project planning and development. (3) Local jurisdiction The term local jurisdiction (4) Metropolitan planning organization The term metropolitan planning organization section 134(b) (5) Roadway The term roadway (A) the defined Federal functional classification roadway system; and (B) each bridge structure providing a connection for such a roadway system. (6) Secretary The term Secretary (7) Senior manager The term senior manager (A) the director of a State department of transportation (or a designee); (B) the director of a metropolitan planning organization (or a designee); and (C) the director of a regional, county, or city transportation agency that is primarily responsible for planning and approval of transportation projects (or a designee). (8) Transportation improvement program The term transportation improvement program TIP section 134(b) 3. Complete streets policy (a) Law or policy Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this Act each State and metropolitan planning organization shall have in effect— (1) in the case of a State— (A) a law requiring that, beginning on the effective date of the State law, all transportation projects in the State shall accommodate the safety and convenience of all users in accordance with complete streets principles; or (B) an explicit State department of transportation policy that, beginning on the effective date of the policy, all transportation projects in the State shall accommodate the safety and convenience of all users in accordance with complete streets principles; and (2) in the case of a metropolitan planning organization, an explicit statement of policy that, beginning on the effective date of the policy, all transportation projects under the jurisdiction of the metropolitan planning organization shall accommodate the safety and convenience of all users in accordance with complete streets principles. (b) Inclusions (1) In general A law or policy described in subsection (a) shall— (A) apply to each federally funded project of each State department of transportation or metropolitan planning organization transportation improvement program; (B) include a statement that each project under the transportation improvement program makes streets or affected rights-of-way accessible to the expected users of that facility, of all ages and abilities, including pedestrians, bi­cy­clists, transit vehicles and users, freight vehicles, and motorists; (C) except as provided in paragraph (2), apply to new road construction and road modification projects, including design, planning, construction, reconstruction, rehabilitation, maintenance, and operations, for the entire right-of-way; (D) indicate that improvements for the safe and convenient travel by pedestrians or bicyclists of all ages and abilities on or across streets shall be fully assessed, considered, and documented as a routine element of pavement resurfacing projects; (E) delineate a clear procedure by which transportation improvement projects may be exempted from complying with complete streets principles, which shall require— (i) approval by the appropriate senior manager, in accordance with subsection (d)(2); and (ii) documentation, with supporting data, that indicates the basis for such an exemption; (F) comply with up-to-date design standards, particularly standards relating to providing access for individuals with disabilities; (G) require that complete streets principles be applied in due consideration of the urban, suburban, or rural context in which a project is located; (H) include a list of performance standards with measurable outcomes to ensure that the transportation improvement program adheres to complete streets principles; and (I) directs agency staff to create an implementation plan. (2) Exception A law or policy described in subsection (a) shall not apply to a new road construction or modification project for which, as of the effective date of the law or policy, at least 30 percent of the design phase is completed. (c) Exemption requirements and procedures A law or policy described in subsection (a) shall allow for a project-specific exemption from an applicable complete streets policy if— (1) (A) an affected roadway prohibits, by law, use of the roadway by specified users, in which case a greater effort shall be made to accommodate those specified users elsewhere, including on roadways that cross or otherwise intersect with the affected roadway; (B) the cost to the exempted project in achieving compliance with the applicable complete streets policy would be excessively disproportionate (as defined in the 2001 Department of Transportation Guidance on Accommodating Bicycle and Pedestrian Travel), as compared to the need or probable use of a particular complete street; or (C) the existing and planned population, employment densities, traffic volumes, or level of transit service around a particular roadway is so low, that the expected users of the roadway will not include pedestrians, public transportation, freight vehicles, or bicyclists; and (2) the project-specific exemption is approved by— (A) a senior manager of the metropolitan planning organization that approved the transportation improvement program containing the exempted project; (B) a senior manager of the relevant State department of transportation; or (C) in the case of a project for which neither the metropolitan planning organization nor the State department of transportation is the agency with primary transportation planning authority, a senior manager of the regional, county, or city agency responsible for planning and approval of the project. (d) Integration Each State department of transportation and metropolitan planning organization implementing a complete streets policy shall incorporate complete streets principles into all aspects of the transportation project development, programming, and delivery process, including project planning and identification, scoping procedures, design approvals, design manuals, and performance measures. (e) Reports (1) In general Each State department of transportation shall submit to the Secretary a report describing the implementation by the State of measures to achieve compliance with the requirements of this section, at such time, in such manner, and containing such information as the Secretary may require. (2) Determination by Secretary On receipt of a report under paragraph (1), the Secretary shall determine whether the applicable State has achieved compliance with the requirements of this section. 4. Certification (a) In general Not later than 1 year after the enactment of this Act, the Secretary shall establish a method of evaluating compliance by State departments of transportation and metropolitan planning organizations with the requirements of this Act, including a requirement that each State department of transportation and metropolitan planning organization shall submit to the Secretary a report describing— (1) each complete streets policy adopted by the State department of transportation or metropolitan planning organization; (2) the means of implementation by the State department of transportation or metropolitan planning organization of the complete streets policy; and (3) the process for providing an exemption, from the requirements of the complete streets policy of the State department of transportation or metropolitan planning organization. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing— (1) the method established under subsection (a); (2) the status of activities for adoption and implementation by State departments of transportation and metropolitan planning organizations of complete streets policies; (3) the tools and resources provided by the Secretary to State departments of transportation and metropolitan planning organizations to assist with that adoption and implementation; and (4) other measures carried out by the Secretary to encourage the adoption of complete streets policies by local jurisdictions. 5. Accessibility standards (a) Final standards Not later than 1 year after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) (b) Temporary standards During the period beginning on the date of enactment of this Act and ending on the date on which the Architectural and Transportation Barriers Compliance Board promulgates final standards under subsection (a), a State or metropolitan planning organization shall apply to public rights-of-way— (1) the standards for accessible transportation facilities contained in section 37.9 (2) if the standards referred to in paragraph (1) do not address, or are inapplicable to, an affected public right-of-way, the revised draft guidelines for accessible public rights-of-way of the Architectural and Transportation Barriers Compliance Board dated November 23, 2005. 6. Research, technical guidance, and implementation assistance (a) Research (1) In general The Secretary shall conduct research regarding complete streets to assist States, metropolitan planning organizations, and local jurisdictions in developing, adopting, and implementing plans, projects, procedures, policies, and training programs that comply with complete streets principles. (2) Participation The Secretary shall solicit participation in the research program under paragraph (1) by— (A) the American Association of State Highway and Transportation Officials; (B) the Institute of Transportation Engineers; (C) the American Public Transportation Association; (D) the American Planning Association; (E) the National Association of Regional Councils; (F) the Association of Metropolitan Planning Organizations; (G) the Insurance Institute for Highway Safety; (H) the American Society of Landscape Architects; (I) representatives of transportation safety, disability, motoring, bicycling, walking, transit user, aging, and air quality organizations; and (J) other affected communities. (3) Requirements The research under paragraph (1) shall— (A) be based on the applicable statement of complete streets research needs of the Transportation Research Board, as described in TR Circular E110; and (B) seek to develop new areas of inquiry, in addition to that statement. (b) Benchmarks and guidance (1) In general The research conducted under subsection (a) shall be designed to result in the establishment of benchmarks and the provision of practical guidance on methods of effectively implementing complete streets policies and complete streets principles that will accommodate all users along a facility or corridor, including vehicles, pedestrians, bicyclists, and transit users. (2) Focus The benchmarks and guidance under paragraph (1) shall— (A) focus on modifying scoping, design, and construction procedures to more effectively combine particular methods of use into integrated facilities that meet the needs of each method in an appropriate balance; and (B) indicate the expected operational and safety performance of alternative approaches to facility design. (c) Data collection The Secretary shall collaborate with the Bureau of Transportation Statistics, the Federal Transit Administration, and appropriate committees of the Transportation Research Board— (1) to collect data regarding a baseline nonmotorized and transit use survey to be integrated into the National Household Travel Survey; and (2) to develop a survey tool for use by State departments of transportation in identifying the multimodal capacity of State and local roadways. (d) Technical guidance (1) Report Not later than 15 months after the date of enactment of this Act, the Secretary shall prepare and make available to all States, metropolitan planning organizations, and local jurisdictions a report that describes the best practices by which transportation agencies throughout the United States have implemented complete streets principles in accordance with, or in anticipation of, the requirements of this Act. (2) Topics for emphasis In preparing the report under paragraph (1), the Secretary shall place particular emphasis on the following topics: (A) Procedures for identifying the needs of users of all ages and abilities of a particular roadway. (B) Procedures for identifying the types and designs of facilities needed to serve each class of users. (C) Safety and other benefits provided by the implementation of complete streets principles. (D) Common barriers to the implementation of complete streets principles. (E) Procedures for overcoming the most common barriers to the implementation of complete streets principles. (F) Procedures for identifying the costs associated with the implementation of complete streets principles. (G) Procedures for maximizing local cooperation in the introduction and implementation of complete streets principles. (H) Procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with complete streets principles.

Safe Streets Act of 2014

Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 [sic] or CLEAR Cost Information Act of 2013 [sic] - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require service providers, in order to be qualified to participate and receive Medicare payments under any agreement filed with the Secretary of Health and Human Services (HHS), to report to the Secretary payment data on "subsection (d) hospitals." (Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) Requires a subsection (d) hospital to submit to the Secretary data on the actual amounts it has collected from uninsured and insured patients over the preceding two years for each of the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made in both the inpatient and outpatient settings. Requires each annual report submitted to Congress by the Medicare Payment Advisory Commission (MEDPAC) to contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. Amends the Patient Protection and Affordable Care Act to require the Secretary of the Treasury to post data on trends in the levels of charity care provided by certain hospitals on a publicly accessible and searchable website. Amends SSA title XVIII to require hospitals and critical access hospitals to include a link to such data on their home Internet websites.

113 S2005 IS: Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 U.S. Senate 2014-02-06 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. 2005 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Coburn Mrs. McCaskill Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the reporting of certain hospital payment data under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 CLEAR Cost Information Act of 2013 2. Reporting of certain hospital payment data (a) In general Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended— (1) in subsection (a)(1)— (A) in subparagraph (V), by striking and (B) in subparagraph (W), as added by section 3005 of Public Law 111–148 (i) by moving such subparagraph 2 ems to the left; and (ii) by striking the period at the end and inserting a comma; (C) in subparagraph (W), as added by section 6406(b) of Public Law 111–148 (i) by moving such subparagraph 2 ems to the left; (ii) by redesignating such subparagraph as subparagraph (X); and (iii) by striking the period at the end and inserting , and (D) by inserting after subparagraph (X), as redesignated by subparagraph (C)(ii), the following new subparagraph: (Y) in the case of a subsection (d) hospital (as defined in section 1886(d)(1)(B)), to report payment data to the Secretary in accordance subsection (l). ; and (2) by adding at the end the following new subsection: (l) Reporting of certain hospital payment data (1) In general A subsection (d) hospital (as defined in section 1886(d)(1)(B)) shall submit to the Secretary data on the actual amounts collected by the hospital from uninsured and insured patients over the preceding 2 years for each of the procedures described in paragraph (2). (2) Procedures described The procedures described in this paragraph are the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made under this title, as determined by the Secretary based on claims data, in both the inpatient and outpatient settings. (3) Transparency (A) In general In order to be beneficial to consumers, the reporting of data under this subsection shall be done in a manner that is transparent to the general public. (B) Public availability of information The Secretary shall post data submitted under paragraph (1) on a publicly accessible and searchable Internet website in a form and manner that— (i) allows for meaningful comparisons of hospital collections and related policies by zip code; and (ii) is readily understandable by a typical consumer. (C) Linking of data A subsection (d) hospital shall include a link to the data posted under subparagraph (B) on the home Internet website of the hospital. . (b) Effective date The amendments made by this section shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act. 3. Inclusion of information on charity care furnished by hospitals in MedPAC's annual report Each annual report submitted to Congress after the date of the enactment of this Act by the Medicare Payment Advisory Commission under section 1805 of the Social Security Act ( 42 U.S.C. 1395b–6 4. Public availability of report on trends in levels of charity care provided by certain hospitals (a) Posting of data Section 9007(e)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (C) Public availability The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall post the data contained in the report under subparagraph (B) on a publicly accessible and searchable website that— (i) allows for meaningful comparisons of the data by zip code; and (ii) is readily understandable by a typical consumer. . (b) Medicare requirement for hospitals To provide a link to the data on the hospital's home webpage (1) In general Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 2, is amended— (A) in subparagraph (X), by striking and (B) in subparagraph (Y), by striking the period at the end and inserting , and (C) by inserting after subparagraph (Y) the following new subparagraph: (Z) in the case of hospitals and critical access hospitals, to include a link on the home Internet website of the hospital or critical access hospital to the data posted under section 9007(e)(2)(C) of the Patient Protection and Affordable Care Act. . (2) Effective date The amendments made by paragraph (1) shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act.

Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013

National Rare Earth Cooperative Act of 2014 - Establishes the Thorium-Bearing Rare Earth Refinery Cooperative to provide for the domestic processing of thorium-bearing rare earth concentrates as residual unprocessed and unrefined ores. Requires the Cooperative's Board to establish a refinery and a Thorium Storage, Energy, and Industrial Products Corporation to develop uses and markets for thorium, including energy. Directs the Secretary of Defense (DOD) to coordinate with other federal agencies to advance and protect: (1) domestic rare earth mining, (2) the refining of rare earth elements, (3) basic rare earth metals production, and (4) the development and commercialization of thorium. Authorizes the Secretary to acquire and maintain a 10% equity stake in the Cooperative in accordance with the Strategic and Critical Materials Stock Piling Act for the purpose of accessing strategic rare earth materials and eliminating the need to acquire them under such Act.

113 S2006 IS: National Rare Earth Cooperative Act of 2014 U.S. Senate 2014-02-06 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. 2006 IN THE SENATE OF THE UNITED STATES February 6, 2014 Mr. Blunt Mr. Manchin Committee on Energy and Natural Resources A BILL To provide for the establishment of a National Rare Earth Refinery Cooperative, and for other purposes. 1. Short title This Act may be cited as the National Rare Earth Cooperative Act of 2014 2. Findings; statement of policy (a) Findings Congress makes the following findings: (1) Heavy rare earth elements are critical for the national defense of the United States, advanced energy technologies, and other desirable commercial and industrial applications. (2) The Government Accountability Office has confirmed that the monopoly control of the People's Republic of China over the rare earth value chain has resulted in vulnerabilities in the procurement of multiple United States weapons systems. (3) China has leveraged its monopoly control over the rare earth value chain to force United States, European, Japanese, and Korean corporations to transfer manufacturing facilities, technology, and jobs to China in exchange for secure supply contracts. (4) China’s increasingly aggressive mercantile behavior has resulted in involuntary transfers of technology, manufacturing, and jobs resulting in onerous trade imbalances with the United States and trading partners of the United States. (5) Direct links exist between heavy rare earth mineralogy and thorium. (6) Thorium is a mildly radioactive element commonly associated with the lanthanide elements in the most heavy rare earth deposits that are located in the United States and elsewhere. (7) Regulations regarding thorium represent a barrier to the development of a heavy rare earth industry that is based in the United States. (8) Balancing the strategic national interest objectives of the United States against economic and environmental risks are best met through the creation of a rare earth cooperative. (9) A rare earth cooperative could— (A) greatly increase rare earth production; (B) ensure environmental safety; and (C) lower the cost of the production and financial risks faced by rare earth producers in the United States. (10) Historically, agricultural and electric cooperatives have stood as one of the greatest success stories of the United States. (b) Statement of policy It is the policy of the United States to advance domestic refining of heavy rare earth materials and the safe storage of thorium in anticipation of the potential future industrial uses of thorium, including energy, as— (1) thorium has a mineralogical association with valuable heavy rare earth elements; (2) there is a great need to develop domestic refining capacity to process domestic heavy rare earth deposits; and (3) the economy of the United States would benefit from the rapid development and control of intellectual property relating to the commercial development of technology utilizing thorium. 3. Definitions In this Act: (1) Actinide The term actinide (2) Consumer member (A) In general The term consumer member (i) an entity that is part of, or has a role in, the value chain for rare earth materials or rare earth products, including from the refined oxide stage to the stage in which the rare earth elements are finished in any physical or chemical form (including oxides, metals, alloys, catalysts, or components); or (ii) a consumer of rare earth products. (B) Inclusions The term consumer member (i) a producer of or other entity that is part of the value chain for rare earth materials, including original equipment manufacturer producers, whose place of business is located in or outside the United States; (ii) a defense contractor or contractors in the United States; and (iii) any government agency in the United States or outside the United States that invests in the Cooperative. (3) Cooperative The term Cooperative (4) Cooperative Board The term Cooperative Board (5) Corporation The term Corporation (6) Corporation Board The term Corporation Board (7) Executive Committee The term Executive Committee (8) Initial board of directors The term Initial Board of Directors (9) Institution of higher education The term institution of higher education (10) National laboratory The term national laboratory 42 U.S.C. 15801 (11) Secretary The term Secretary (12) Supplier member The term supplier member (13) Tolling The term tolling (A) the producer retains ownership and control of the finished product; and (B) pays to the Cooperative a fee for services rendered by the Cooperative. (14) Unprocessed and unrefined ore The term unprocessed and refined ore 4. Thorium-Bearing Rare Earth Refinery Cooperative (a) Establishment (1) In general There is established a Cooperative, to be known as the Thorium-Bearing Rare Earth Refinery Cooperative (2) Federal charter; ownership The Cooperative shall operate under a Federal charter. (3) Membership (A) Composition The Cooperative shall be comprised of— (i) supplier members; and (ii) consumer members. (B) Supplier members (i) In general As a condition of entering into a contract to supply the Cooperative with rare earth ores, supplier members shall provide rare earth concentrates to the Cooperative at market price. (ii) Capital contributions Any supplier member that makes significant capital contributions to the Cooperative, as determined by the Cooperative Board, may become a consumer member for purposes of the distribution of profits of the Cooperative under subparagraph (D). (C) Consumer member A consumer member— (i) shall make capital contributions to the Cooperative in exchange for entering into negotiated supply agreements; and (ii) in accordance with the agreements entered into under clause (i), may acquire finished rare earth products from the Cooperative at market price. (D) Distribution of profits Any profits of the Cooperative shall be distributed between supplier members and consumer members in accordance with a formula established by the Cooperative Board. (b) Management (1) Initial board of directors (A) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall appoint the Initial Board of Directors for the Cooperative, comprised of 5 members, of whom— (i) 1 member shall represent the Defense Logistics Agency Strategic Materials program of the Department of Defense; (ii) 1 member shall represent the Assistant Secretary of Defense for Research and Engineering; (iii) 1 member shall represent United States advocacy groups for rare earth producers and original equipment manufacturing interests; (iv) 1 member shall represent the United States Geological Survey; and (v) 1 member who shall— (I) not be affiliated with a Federal agency; and (II) be recommended for appointment by a majority vote of the other members of the Initial Board of Directors appointed under clauses (i) through (iv). (B) Duties The Initial Board of Directors shall— (i) establish a charter, bylaws, and rules of governance for the Cooperative; (ii) make formative business decisions on behalf of the Cooperative; and (iii) assist in the formation of, and the provision of tasks and assignments to, the Corporation. (C) Standing member The member appointed under subparagraph (A)(v) shall remain on the Cooperative Board and Corporation Board, until such time as— (i) the member voluntarily resigns; or (ii) a majority of the members of the Cooperative Board and a majority of the members of the Corporation Board vote to remove the member from the Cooperative Board and the Corporation Board. (D) Termination The Initial Board of Directors shall terminate on the date on which the initial members of the Cooperative Board are appointed under paragraph (2). (2) Board of directors (A) In general The Board of Directors of the Cooperative shall be comprised of 9 members, to be selected in accordance with the bylaws of the Cooperative established under paragraph (1)(B)(i), of whom— (i) 5 members shall be consumer members; (ii) 2 members shall be supplier members; (iii) 1 member shall represent an advocacy group for defense contractors, other rare earth consumers, and suppliers who are not represented by the Board or through direct ownership in the Cooperative; and (iv) 1 member shall be the member of the Initial Board of Directors appointed under paragraph (1)(A)(v). (B) Powers The Cooperative Board may— (i) prescribe the manner in which business shall be conducted by the Cooperative; (ii) determine pay-out ratio formulas for consumer members and supplier members, based on— (I) the capital stock ratios of consumer members; and (II) the value of supply member contracts, as determined based on the volume, term, and distributions of rare earth concentrates relative to processing costs; and (iii) evaluate technologies and processes for the efficient extraction and refining of rare earth materials from various thorium-bearing ores. (C) Refinery and office locations The Cooperative Board shall establish the refinery and offices for the Cooperative at any locations determined to be appropriate by the Cooperative Board. (c) Powers; duties (1) Investment partnerships The Cooperative shall seek to enter into domestic and international investment partnerships for the development of the refinery. (2) Agreements; direct sales The Cooperative may— (A) enter into equity, financial, and supply-based agreements or arrangements with value-added intermediaries, equipment manufacturers, consumers of rare earth products, and Federal, State, or local agencies to provide economic incentives, leases, or public financing; and (B) engage in direct market sales of rare earth products. (3) Supply contracts and tolling services (A) In general The Cooperative may— (i) directly purchase rare earth materials obtained from any byproduct producers of rare earths; (ii) transport those materials in accordance with part 40 of title 10, Code of Federal Regulations (or any corresponding similar regulation or ruling); (iii) offer supplier members short-term or direct purchase contracts; and (iv) allow primary rare earth producers to be tolling customers of the Cooperative. (B) Requirements A tolling customer under subparagraph (A)(iii) shall— (i) retain control of the rare earth products during the processing, refining, or value adding of the rare earth products by the Cooperative; and (ii) take possession of the rare earth products after— (I) tolling services are rendered by the Cooperative; and (II) the Cooperative has received payment in full for the tolling services rendered. (C) Fee The Cooperative may charge tolling customers under subparagraph (A)(iii) a tolling fee not to exceed the sum of— (i) the amount equal to 110 percent of the total cost for tolling services rendered by the Cooperative on behalf of the tolling customer; and (ii) the amount equal to 5 percent of the market value of the finished product provided to the tolling customer by the Cooperative. (D) Applicable law Any contract among consumer members, supplier members, tolling customers, and direct purchase suppliers entered into under subparagraph (A)(iii) shall be protected as provided in sub section 552(b)(4) (E) Limitations A direct purchase consumer under subparagraph (A)(ii) or a tolling customer under subparagraph (A)(iii)— (i) shall not be considered to be a supplier member or otherwise be considered a member of the Cooperative for purposes of this Act; and (ii) shall not participate in Cooperative profits or have voting rights with respect to the Cooperative. (d) Audits (1) In general The Cooperative shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Cooperative for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of the Cooperative. (2) Reports The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Cooperative, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) Review by Comptroller General The Comptroller General of the United States shall— (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (e) Reimbursement of Federal Government Not later than 7 years of the date of the enactment of this Act, the Cooperative shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. 5. Thorium Storage, Energy, and Industrial Products Corporation (a) Establishment (1) In general As soon as practicable after the date of the enactment of this Act, the Cooperative Board, in consultation with the Secretary of Defense, shall establish the Thorium Storage, Energy, and Industrial Products Corporation to develop uses and markets for thorium, including energy. (2) Federal charter The Corporation shall operate under a Federal charter. (b) Management (1) Board of directors (A) In general The Board of Directors of the Corporation shall be composed of 5 members. (B) Initial members The initial members of the Corporation Board shall consist of the following members, to be appointed by the Secretary of Defense: (i) 1 member, who shall represent the Assistant Secretary of Defense for Research and Engineering. (ii) 1 member, who shall represent the Advanced Energy Program of the Defense Advanced Research Project Agency. (iii) 1 member, who shall represent United States advocacy groups for commercial development of thorium in nuclear energy systems. (iv) 1 member, who shall represent a national laboratory. (v) 1 member, who is the member of the Initial Board of Directors appointed under section 4(b)(1)(A)(v). (C) Subsequent members Subject to subparagraphs (A) and (D), subsequent members of the Corporation Board and Executive Committee shall be appointed in accordance with the bylaws of the Corporation established under paragraph (2)(B)(i). (D) Standing members The initial members appointed under clauses (iv) and (v) of subparagraph (B) shall remain on the Corporation Board and the Executive Committee, until such time as— (i) the members voluntarily resign; (ii) in the case of a member appointed under subparagraph (B)(iv), a majority of the members of the Corporation Board vote to remove the member from the Corporation Board; or (iii) in the case of a member appointed under subparagraph (B)(v), a majority of the members of the Corporation Board and a majority of the members of the Cooperative Board vote to remove the member from the Corporation Board and the Cooperative Board. (2) Executive committee (A) In general The Executive Committee for the Corporation shall be composed of the initial members of the Corporation Board appointed under clauses (iv) and (v) of paragraph (1)(B). (B) Duties The Executive Committee shall— (i) establish the charter, rules of governance, bylaws, and corporate structure for the Corporation; and (ii) make formative business decisions with respect to the Corporation. (c) Powers (1) Establishment of subsequent entities (A) In general The Corporation may establish 1 or more entities, to be known as an Industrial Products Corporation (i) alloys; (ii) catalysts; (iii) medical isotopes; and (iv) other products. (B) Authority of entities The entities described in subparagraph (A) may— (i) develop standards, procedures, and protocols for the approval of commercial and industrial applications for thorium; (ii) carry out directly the production and sale of thorium-related non-energy products; and (iii) sell or license any production or sales rights to third parties. (C) Sale or distribution of industrial products corporation; creation of businesses and partnerships To develop and commercialize non-energy uses for thorium, the Corporation Board may— (i) create, sell, or distribute the equity of an entity described in subparagraph (A); and (ii) establish partnerships with Federal agencies, foreign governments, and private entities relating to businesses and activities of the entity. (2) Sale or distribution of corporation equity; creation of partnerships To develop and commercialize thorium energy, the Corporation may sell or distribute equity and establish partnerships with the United States and foreign governments and private entities— (A) to create capital; (B) to develop intellectual property; (C) to acquire technology; (D) to establish business partnerships and raw material supply chains; (E) to commercially develop thorium energy systems; (F) to commercially develop systems for the reduction of spent fuel; (G) to develop hardened energy systems for the United States military; and (H) to develop process heat technologies systems for coal-to-liquid fuel separation, desalinization, chemical synthesis, and other applications. (d) Duties (1) Ownership of thorium and related actinides The Corporation shall— (A) on a preprocessing basis, assume liability for and ownership of all thorium and mineralogically associated or related actinides and decay products contained within the monazite and other rare earth mineralizations in the possession of the Cooperative; (B) after the Cooperative has separated the thorium from the rare earth concentrates, take physical possession and safely store all thorium-containing actinide byproducts, with the costs of the storage to be paid by the Corporation from fees charged or revenue from sales of other valuable actinides; (C) develop new markets and uses for thorium; (D) develop energy systems from thorium; and (E) develop, manage, and control national and international energy leasing and distribution platforms related to thorium energy systems. (2) Safe, long-term storage; development of uses and markets The Corporation shall— (A) in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, be responsible for the safe, long-term storage for all thorium and thorium decay products generated through the Cooperative, consistent with part 192 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act), while taking into account the low relative risks relating to thorium; and (B) develop uses and markets for thorium, including energy, including by coordinating and structuring domestic and international investment partnerships for the development of commercial and industrial uses for thorium. (e) Audits (1) In general The Corporation shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Corporation for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of the Corporation. (2) Reports The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Corporation, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) Review by Comptroller General The Comptroller General of the United States shall— (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (f) Reimbursement of Federal Government Not later than 7 years of the date of the enactment of this Act, the Corporation shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. 6. Duties of Secretary of Defense (a) Advancement of rare earth initiatives The Secretary shall coordinate with other Federal agencies to advance and protect— (1) domestic rare earth mining; (2) the refining of rare earth elements; (3) basic rare earth metals production; and (4) the development and commercialization of thorium, including— (A) energy technologies and products; and (B) products containing thorium. (b) Annual reports Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that, for the period covered by the report— (1) contains a description of the progress in the development of— (A) a domestic rare earth refining capacity; and (B) commercial uses and energy-related uses for thorium; and (2) takes into account each report submitted to the Secretary by the Cooperative and the Corporation. (c) Federal agencies; national laboratories Each Federal agency (including the Nuclear Regulatory Commission and the Defense Advanced Research Projects Agency), each national laboratory, and each facility funded by the Federal Government shall provide assistance to the Cooperative and the Corporation under this Act. (d) Institutions of higher education Each institution of higher education is encouraged— (1) to develop training and national expertise in the field of thorium development; and (2) to promote— (A) the marketing of thorium; (B) the advancement of the strategic uses of thorium; and (C) salt chemistry science and radio chemists. 7. Authorization of Department of Defense to establish equity stake in Cooperative The Secretary may acquire and maintain a 10 percent equity stake in the Cooperative in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq.

National Rare Earth Cooperative Act of 2014

Preventing Regulatory Overreach To Enhance Care Technology Act of 2014 or the PROTECT Act of 2014 - Expresses the sense of Congress concerning: interagency coordination to foster health information technology and mobile health innovation, development of legislation to establish a risk-based regulatory framework for clinical software and health software, oversight by the National Institute of Standards and Technology (NIST) of technical standards used by clinical software, and work by NIST on next steps regarding health information technology, such as collaborating with nongovernmental entities to develop certification processes and to promote best practice standards. Excepts clinical software and health software from regulation under the Federal Food, Drug, and Cosmetic Act and excludes the terms from the meaning of "device." Defines "clinical software" as clinical decision support software or other software intended for human or animal use that: (1) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body; and (2) is intended to be marketed for use only by a health care provider in a health care setting. Defines "health software" as software: (1) that captures, analyzes, changes, or presents patient or population clinical data or information; (2) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or (3) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data.

113 S2007 IS: Preventing Regulatory Overreach To Enhance Care Technology Act of 2014 U.S. Senate 2014-02-10 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 113th CONGRESS 2d Session S. 2007 IN THE SENATE OF THE UNITED STATES February 10, 2014 Mrs. Fischer Mr. King Mr. Rubio Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for regulating clinical and health software, and for other purposes. 1. Short title This Act may be cited as the Preventing Regulatory Overreach To Enhance Care Technology Act of 2014 PROTECT Act of 2014 2. Findings; sense of Congress (a) Findings Congress finds as follows: (1) The mobile health and mobile application economy was created in the United States and is now being exported globally, with the market expected to exceed $26,000,000,000 by 2017. (2) The United States mobile application economy is responsible for nearly 500,000 new jobs in the United States. (3) Consumer health information technologies, including smart phones and tablets, have the potential to transform health care delivery through reduced systemic costs, improved patient safety, and better clinical outcomes. (4) Clinical and health software innovation cycles evolve and move faster than the existing regulatory approval processes. (5) Consumers and innovators need a new risk-based framework for the oversight of clinical and health software that improves on the framework of the Food and Drug Administration. (6) A working group convened jointly by the Food and Drug Administration, the Federal Communications Commission, and the Office of the National Coordinator for Health Information Technology identified in a report that there are several major barriers to the effective regulation of health information technology that cannot be alleviated without changes to existing law. (b) Sense of Congress It is the sense of Congress that— (1) the President and Congress must intervene to facilitate interagency coordination across regulators that focuses agency efforts on fostering health information technology and mobile health innovation while better protecting patient safety, improving health care, and creating jobs in the United States; (2) the President and the Congress should work together to develop and enact legislation that establishes a risk-based regulatory framework for such clinical software and health software that reduces regulatory burdens, fosters innovation, and, most importantly, improves patient safety; (3) The National Institute of Standards and Technology should be the Federal agency that has oversight over technical standards used by clinical software; and (4) The National Institute of Standards and Technology, in collaboration with the Federal Communications Commission, the National Patient Safety Foundation, and the Office of the National Coordinator for Health Information Technology, should work on next steps, beyond current oversight efforts, regarding health information technology, such as collaborating with nongovernmental entities to develop certification processes and to promote best practice standards. 3. Clinical software and health software (a) Definitions Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (ss) (1) The term clinical software (A) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man or other animals; and (B) is intended to be marketed for use only by a health care provider in a health care setting. (2) The term health software (A) that captures, analyzes, changes, or presents patient or population clinical data or information; (B) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or (C) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. (3) The terms clinical software health software (A) that is intended to interpret patient-specific device data and directly diagnose a patient or user without the intervention of a health care provider; (B) that conducts analysis of radiological or imaging data in order to provide patient-specific diagnostic and treatment advice to a health care provider; (C) whose primary purpose is integral to the function of a drug or device; or (D) that is a component of a device. . (b) Prohibition Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. 524B. Clinical software and health software Clinical software and health software shall not be subject to regulation under this Act. . 4. Exclusion from definition of device Section 201(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(h) The term device

Preventing Regulatory Overreach To Enhance Care Technology Act of 2014

SCORE for Small Business Act of 2014 - Amends the Small Business Act, with respect to the SCORE program (Service Corps of Retired Executives), to: (1) reauthorize such program for FY2015-FY2017; (2) modify requirements of such program with respect to the role of participating volunteers, program plans and goals, and reporting; and (3) outline privacy requirements pertaining to the disclosure of information of businesses assisted under such program. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to repeal the program of assistance to microenterprises (i.e., businesses that have fewer than five employees and generally lack access to conventional loans, equity, or other banking services).

113 S2008 IS: SCORE for Small Business Act of 2014 U.S. Senate 2014-02-10 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 113th CONGRESS 2d Session S. 2008 IN THE SENATE OF THE UNITED STATES February 10, 2014 Ms. Landrieu Mr. Risch Committee on Small Business and Entrepreneurship A BILL To strengthen resources for entrepreneurs by improving the SCORE program, and for other purposes. 1. Short title This Act may be cited as the SCORE for Small Business Act of 2014 2. SCORE Reauthorization Section 20 of the Small Business Act ( 15 U.S.C. 631 (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following: (g) SCORE program There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed— (1) $9,100,000 in fiscal year 2015; (2) $10,500,000 in fiscal year 2016; and (3) $10,500,000 in fiscal year 2017. . 3. SCORE program Section 8 of the Small Business Act ( 15 U.S.C. 637 (1) in subsection (b)(1)(B), by striking a Service Corps of Retired Executives (SCORE) the SCORE program described in subsection (c) (2) by striking subsection (c) and inserting the following: (c) SCORE program (1) Definition In this subsection, the term SCORE program (2) Volunteers A volunteer participating in the SCORE program shall— (A) based on the business experience and knowledge of the volunteer— (i) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and (ii) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (B) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (3) Plans and goals The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program. (4) Annual report The SCORE Association shall submit to the Administrator an annual report that contains— (A) the number of individuals counseled or trained under the SCORE program; (B) the number of hours of counseling provided under the SCORE program; and (C) to the extent possible— (i) the number of small business concerns formed with assistance from the SCORE program; (ii) the number of small business concerns expanded with assistance from the SCORE program; and (iii) the number of jobs created with assistance from the SCORE program. (5) Privacy requirements (A) In general Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless— (i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information This paragraph shall not— (i) restrict the access of the Administrator to program activity data; or (ii) prevent the Administrator from using client information to conduct client surveys. (C) Regulations (i) In general The Administrator shall issue regulations to establish standards for— (I) disclosures with respect to financial audits under subparagraph (A)(II); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection The regulations issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (iii) Inspector general Until the effective date of the regulations issued under this subparagraph, any client survey and the use of any client information shall be approved by the Inspector General of the Administration, who shall include any such approval in the semi-annual report of the Inspector General. . 4. Repeal of authority for the Program for Investment in Microentrepreneurs (a) Repeal Subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 15 U.S.C. 6901 et seq. (b) Rule of construction Nothing in this section shall affect any grant or assistance provided under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 15 U.S.C. 6901 et seq. 5. Technical and conforming amendments (a) Small Business Act The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 7(m)(3)(A)(i)(VIII) ( 15 U.S.C. 636(m)(3)(A)(i)(VIII) Service Corps of Retired Executives SCORE program (2) in section 22 ( 15 U.S.C. 649 (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives SCORE program (ii) in paragraph (3), by striking Service Corps of Retired Executives SCORE program (B) in subsection (c)(12), by striking Service Corps of Retired Executives SCORE program (b) Other laws (1) Section 621 of the Children's Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives SCORE program (2) Section 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) Service Corps of Retired Executives (SCORE) SCORE program

SCORE for Small Business Act of 2014

Rural Veterans Improvement Act of 2014 - Directs the Secretary of Veterans Affairs to provide mental health care to veterans who have a mental health issue resulting from a health condition incurred or aggravated in the line of duty and who live in a rural area or highly rural area through shared health facilities or by contracting with or providing payments to mental health care providers that are not otherwise affiliated with the Department of Veterans Affairs (VA) if the Secretary makes specified determinations related to the lack of accessibility to or availability of recommended or requested care from the VA. Requires the Secretary to report on the effectiveness of complementary and alternative medicine used by the VA in treating veterans with mental health conditions resulting from a health condition that was incurred or aggravated in the line of duty. Authorizes the Secretary to: (1) award grants of up to $100,000 to state veterans agencies, veterans service organizations, and/or tribal organizations to provide transportation to and from medical centers to veterans in rural and highly rural areas who would otherwise be eligible for reimbursement for or payment of travel expenses by the VA; and (2) carry out a pilot program to assess the feasibility and advisability of providing a housing allowance to health care providers of the VA who accept assignment at rural or highly rural community-based outpatient clinics. Directs the Secretary to establish a program to train health care professionals for assignment at community-based outpatient clinics that predominantly serve veterans who live in rural and highly rural areas. Requires the VA Secretary and the Secretary of Defense (DOD) to jointly establish a program to encourage an individual who serves in the Armed Forces with a military occupational specialty relating to the provision of health care to seek employment with the Veterans Health Administration when the individual is discharged or released from service or is contemplating separating from such service. Directs the Secretary to: (1) conduct a periodic assessment of community-based outpatient clinics in rural and highly rural areas to determine whether expansion and improvement of such clinics is feasible or advisable, and (2) report on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site in each area in which the nearest such center or site is more than 300 miles away.

113 S2009 IS: Rural Veterans Improvement Act of 2014 U.S. Senate 2014-02-10 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 113th CONGRESS 2d Session S. 2009 IN THE SENATE OF THE UNITED STATES February 10, 2014 Mr. Udall of New Mexico Mr. Heller Committee on Veterans' Affairs A BILL To improve the provision of health care by the Department of Veterans Affairs to veterans in rural and highly rural areas, and for other purposes. 1. Short title This Act may be cited as the Rural Veterans Improvement Act of 2014 2. Provision of mental health care to certain veterans in rural and highly rural areas (a) In general The Secretary of Veterans Affairs shall provide mental health care to eligible veterans described in subsection (c) for which a determination has been made under subsection (d). (b) Use of other providers (1) In general The Secretary may provide mental health care under this section by contracting with or providing payments to mental health care providers that are not otherwise affiliated with the Department of Veterans Affairs and shall, to the extent feasible, use health care resources pursuant to existing arrangements, contracts, or agreements entered into under section 8153 (2) Payments The Secretary may not provide payments described in paragraph (1) that exceed the amount that the Secretary would otherwise expend in providing similar mental health care through the Department or under such existing arrangements, contracts, or agreements. (c) Eligible veterans An eligible veteran described in this subsection is a veteran that— (1) has a mental health issue resulting from post-traumatic stress disorder, traumatic brain injury, or any other health condition that was incurred or aggravated in line of duty in the active military, naval, or air service; and (2) lives in a rural area or highly rural area. (d) Determination The Secretary shall provide the care required by subsection (a) to an eligible veteran if the Secretary determines any of the following: (1) (A) A mental health care provider affiliated with the Department is not available to provide mental health care services to the eligible veteran at the medical facility of the Department that is nearest to the residence of the eligible veteran; and (B) (i) in-person and telehealth mental health care services from the Department are not available to the eligible veteran; (ii) the eligible veteran requests that a mental health care provider affiliated with the Department provide mental health care services to the eligible veteran in private and the provider is unable or unwilling to do so; or (iii) travel by the eligible veteran to a regional medical center of the Department is impractical or severely detrimental to the health of the eligible veteran. (2) That— (A) (i) a mental health care provider affiliated with the Department has recommended that a complementary and alternative therapy approved by the Food and Drug Administration be administered to the eligible veteran; (ii) the eligible veteran is a member of an Indian tribe or a Native Hawaiian and requests a healing method that is a cultural tradition of the eligible veteran; or (iii) a mental health care provider has recommended a treatment for the eligible veteran that, based on the medical knowledge of the health care provider, is safe and would assist the eligible veteran in coping with post-traumatic stress disorder, traumatic brain injury, or another mental health issue; and (B) (i) the eligible veteran has not received the therapy, healing method, or treatment described in subparagraph (A) because of the inaccessibility or unavailability of such treatment from a medical facility of the Department; and (ii) the eligible veteran, as a result of the mental health condition of the eligible veteran— (I) cannot work or maintain employment; (II) is at increased risk of doing physical harm to the eligible veteran or others; or (III) cannot adequately manage activities of daily life. (e) Indian tribe defined In this section, the term Indian tribe 25 U.S.C. 450b 3. Report on effectiveness of complementary and alternative medicine in treating veterans with certain mental illnesses Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the effectiveness of complementary and alternative medicine used by the Department of Veterans Affairs in treating veterans with mental health conditions resulting from post-traumatic stress disorder, traumatic brain injury, or any other health condition that was incurred or aggravated in line of duty in the active military, naval, or air service. 4. Grants to provide transportation to community-based outpatient clinics for veterans in rural and highly rural areas (a) Grants authorized (1) In general The Secretary of Veterans Affairs may award grants to eligible entities to provide transportation to veterans in rural and highly rural areas who would otherwise be eligible for reimbursement for or payment of travel expenses by the Department of Veterans Affairs pursuant to section 111 or section 111A of title 38, United States Code. (2) Maximum amount The Secretary may not award a grant under this section in an amount that exceeds $100,000. (3) No matching required The Secretary may not require that an eligible entity provide a contribution of funds as a condition of receiving the grant. (b) Eligible entities The Secretary may award grants under this section to any of the following entities: (1) State veterans agencies. (2) Veterans service organizations. (3) Tribal organizations. (c) Use of grants Eligible entities in receipt of a grant under this section may use the grant amount as follows: (1) To provide transportation to veterans in rural and highly rural areas to and from medical centers of the Department of Veterans Affairs, including transportation by air or sea if necessary. (2) To otherwise assist veterans in rural and highly rural areas with transportation in connection with the provision of medical care to those veterans, including transportation by air or sea if necessary. (d) Application (1) In general Each eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents Each application submitted pursuant to paragraph (1) shall contain a proposal for the manner in which the eligible entity seeks to provide the transportation described in subsection (a). (e) Priority The Secretary shall give priority in the awarding of grants under this section to applications submitted under subsection (d) that contain proposals that comply with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (f) Definitions In this section: (1) Tribal organization The term tribal organization 25 U.S.C. 450b (2) Veterans service organization The term veterans service organization section 5902 5. Pilot program on housing allowances for health care providers of the Department of Veterans Affairs accepting assignment at rural and highly rural community-based outpatient clinics (a) Pilot program authorized The Secretary of Veterans Affairs may carry out a pilot program to assess the feasibility and advisability of providing a housing allowance to health care providers of the Department of Veterans Affairs who accept assignment at rural or highly rural community-based outpatient clinics as a means of encouraging such health care providers to accept assignment to such clinics. (b) Eligibility An individual is eligible for participation in the pilot program if the individual— (1) is a health care provider; (2) is, or agrees to become, an employee of the Veterans Health Administration on a full-time basis in a health care position designated by the Secretary for purposes of the pilot program; and (3) accepts an assignment in such position for a term of not less than 36 months at a rural or highly rural community-based outpatient clinic selected by the Secretary for purposes of the pilot program. (c) Conditions on payment of housing allowance Except as provided in subsection (d)(3), an individual may be provided a housing allowance under the pilot program only while— (1) in good standing as a health care provider within the Veterans Health Administration; and (2) assigned as a health care provider at a rural or highly rural community-based outpatient clinic. (d) Amount of housing allowance (1) Monthly amount during initial term During the first 36 months of participation in the pilot program, the housing allowance provided a health care provider participating in the pilot program shall be provided on a monthly basis at a rate that is equivalent to the monthly rate of basic allowance for housing (BAH) payable under section 403 (2) Monthly amount for certain providers for additional term If upon completion of the first 36 months in the pilot program a health care provider accepts continuing participation in the pilot program at a rural or highly rural community-based outpatient clinic for a term of not less than 12 additional months, the housing allowance provided the health care provider under the pilot program shall be provided on a monthly basis for such additional months at a rate determined in accordance with paragraph (1). (3) Bonus amount (A) Completion of initial term Any health care provider who successfully completes 36 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to three months of the monthly rate of housing allowance provided the health care provider under paragraph (1) during the last month before the provider's completion of participation in the pilot program. (B) Completion of additional one-year term Any health care provider who successfully completes 48 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 12 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (C) Completion of additional two-year term Any health care provider who successfully completes 60 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 13 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (D) No requirement to remain on assignment An amount payable under this paragraph shall be paid whether or not the health care provider concerned remains in an assignment at a rural or highly rural community-based outpatient clinic. (e) Nature of allowance (1) Supplemental amount Any housing allowance provided under the pilot program shall be in addition to any pay (including basic pay, special pay, and retirement or other bonus pay) payable to personnel of the Veterans Health Administration personnel under chapter 74 of title 38, United States Code, or any other provision of law. (2) Exemption from taxation For purposes of the Internal Revenue Code of 1986, any housing allowance provided under the pilot program shall not be included in gross income. (f) Annual reports (1) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter while the pilot program is in effect, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) A current description of the pilot program, including the current number of participants in the pilot program and the amounts of housing allowance being provided such participants. (B) A current assessment of the value of the housing allowance under the pilot program in encouraging health care providers in accepting assignment to rural and highly rural community-based outpatient clinics. (g) Funding Amounts for housing allowances under the pilot program shall be derived from amounts available for the Veterans Health Administration for Medical Services. (h) Sunset (1) In general No individual may commence participation in the pilot program on or after the date that is five years after the date of the enactment of this Act. (2) Continuation of on-going provision of allowance Nothing in paragraph (1) shall be construed to prohibit the Secretary from providing housing allowances under the pilot program to individuals who commence participation in the pilot program before the date that is five years after the date of the enactment of this Act. (i) Rural or highly rural community-Based outpatient clinic defined In this section, the term rural or highly rural community-based outpatient clinic 6. Program on training health care professionals for assignment at community-based outpatient clinics that predominantly serve veterans who live in rural and highly rural areas (a) Program required (1) In general The Secretary of Veterans Affairs shall establish a program to train health care professionals for assignment at community-based outpatient clinics that predominantly serve veterans who live in rural and highly rural areas. (2) Partnership with educational institutions (A) In general In carrying out the program, the Secretary may enter into partnerships with educational institutions. (B) Consultation If the Secretary enters into a partnership with an educational institution to carry out the program, the Secretary shall consult with the head of such educational institution with respect to the training and curriculum provided under the program at such educational institution. (b) Training The training provided to health care professionals under the program shall include the following courses: (1) Courses on general professional development of health care professionals. (2) Courses on providing health care to rural populations and specifically to rural veterans. (c) Curriculum The program shall include training with respect to health issues that commonly afflict veterans as specified by the Secretary. (d) Hiring preference (1) In general Each health care professional that completes the program and completes a three-year assignment at a community-based outpatient clinic that predominantly serves veterans who live in rural and highly rural areas shall receive a preference in selection for employment in the Veterans Health Administration at the end of such three-year assignment. (2) Degree of preference (A) In general The preference received under paragraph (1) shall be less than the preference given a veteran. (B) Veterans A veteran that receives a preference under paragraph (1) shall receive a greater preference than an individual that receives a preference under such paragraph who is not a veteran. 7. Encouraging and facilitating transition of military medical professionals into employment with Veterans Health Administration (a) Encouraging employment with Veterans Health Administration The Secretary of Veterans Affairs and the Secretary of Defense shall jointly establish a program to encourage an individual who serves in the Armed Forces with a military occupational specialty relating to the provision of health care to seek employment with the Veterans Health Administration when the individual has been discharged or released from service in the Armed Forces or is contemplating separating from such service. (b) Matching of military occupational specialties The Secretary of Veterans Affairs and the Secretary of Defense shall jointly identify military occupational specialties relating to the provision of health care and match such occupational specialties with occupations and positions of employment within the Veterans Health Administration for which experience in such military occupational specialty qualifies one for employment in such occupation or position of employment. (c) Facilitation of transition to employment with Veterans Health Administration The Secretary of Veterans Affairs and the Secretary of Defense shall prescribe such regulations and take such actions as may be necessary to facilitate the transition of individuals with military occupational specialties identified under subsection (b) into the corresponding occupations and positions of employment with the Veterans Health Administration under such subsection. 8. Assessment of community-based outpatient clinics in rural and highly rural areas (a) Assessment (1) In general The Secretary of Veterans Affairs shall conduct a periodic assessment of community-based outpatient clinics in rural and highly rural areas to determine whether expansion and improvement of community-based outpatient clinics in those areas is feasible or advisable. (2) Elements Each periodic assessment required by subsection (a) shall include the following with respect to each community-based outpatient clinic assessed: (A) An assessment of whether the facility— (i) meets applicable building code requirements; (ii) meets applicable health care requirements related to privacy; (iii) has the capacity to handle the number of patients that seek care at the facility; (iv) has sufficient parking for patients that seek care at the facility; (v) has adequate access to broadband technology to allow the use or expansion of telehealth services at the facility; and (vi) has the capacity to properly store and dispose of medical and other hazardous waste. (B) A survey of health care providers who practice at the facility with respect to— (i) strengths of the facility; (ii) weaknesses of the facility; and (iii) areas in which the facility may be improved. (b) Report Not later than one year after the date of the enactment of this Act, and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives a report on the findings of the Secretary with respect to the most recently completed assessment conducted under subsection (a), including such recommendations as the Secretary may have for the expansion or improvement of community-based outpatient clinics in rural and highly rural areas. 9. Report on establishment of Polytrauma Rehabilitation Centers or Polytrauma Network Sites of the Department of Veterans Affairs in rural areas (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site in each area in which the nearest Polytrauma Rehabilitation Center or Polytrauma Network Site is more than 300 miles away. (b) Requirements (1) In general The report required by this section shall include the following: (A) An assessment of the adequacy of existing Polytrauma Rehabilitation Centers and Polytrauma Network Sites in providing care to veterans that live more than 300 miles from such facilities. (B) An assessment of the adequacy of existing Polytrauma Rehabilitation Centers and Polytrauma Network Sites in providing rehabilitation services pursuant to section 1710C (C) An assessment of the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site in each State in which there is a medical center of the Department of Veterans Affairs. (D) An assessment of whether establishing new Polytrauma Rehabilitation Centers and Polytrauma Network Sites would be beneficial— (i) to the veteran population in general; (ii) to veterans who live— (I) more than 300 miles from the nearest Polytrauma Rehabilitation Center or Polytrauma Network Site; or (II) in a State in which there is not a Polytrauma Rehabilitation Center or Polytrauma Network Site; and (iii) to veterans who served in the active military, naval, or air service on or after September 11, 2001. (2) Budget for additional facilities If the Secretary determines that establishing additional Polytrauma Rehabilitation Centers and Polytrauma Network Sites is feasible and advisable, the Secretary shall include with the report required by subsection (a) a budget and plan for the establishment of those additional facilities. 10. Definitions In this Act: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Highly rural area The term highly rural area (3) Rural area The term rural area (4) Urbanized area The term urbanized area

Rural Veterans Improvement Act of 2014

Stop Targeting of Political Beliefs by the IRS Act of 2014 - Requires the Internal Revenue Service (IRS) standards and definitions in effect on January 1, 2010, for determining whether an organization qualifies for tax-exempt status as an organization operated exclusively for social welfare to apply to such determinations after enactment of this Act. Prohibits the Secretary of the Treasury, or any delegate of the Secretary, from issuing, revising, or finalizing any regulation (including proposed regulations), revenue ruling, or other guidance not limited to a particular taxpayer relating to such standards and definitions. Terminates this Act one year after its enactment.

113 S2011 IS: Stop Targeting of Political Beliefs by the IRS Act of 2014 U.S. Senate 2014-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2011 IN THE SENATE OF THE UNITED STATES February 11, 2014 Mr. Flake Mr. Roberts Mr. McConnell Mr. Cornyn Mr. Alexander Mr. Thune Mr. Hatch Mr. Enzi Mr. Inhofe Mr. Burr Mr. Rubio Mr. Boozman Mr. Coats Mr. Moran Mr. Scott Mr. Risch Mr. Vitter Mr. Graham Mr. Johanns Mrs. Fischer Mr. Coburn Mr. Isakson Mr. Toomey Mr. Johnson of Wisconsin Mr. Cruz Mr. Lee Mr. Blunt Mr. Wicker Mr. Kirk Mr. Chambliss Mr. Portman Mr. Paul Mr. McCain Mr. Crapo Mr. Barrasso Mr. Cochran Mr. Hoeven Mr. Corker Mr. Shelby Mr. Grassley Committee on Finance A BILL To prohibit the Internal Revenue Service from modifying the standard for determining whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) 1. Short title This Act may be cited as the Stop Targeting of Political Beliefs by the IRS Act of 2014 2. Applicable standard for determinations of whether an organization is operated exclusively for the promotion of social welfare (a) In general The standard and definitions as in effect on January 1, 2010, which are used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 shall apply for purposes of determining the status of organizations under section 501(c)(4) (b) Prohibition on modification of standard The Secretary of the Treasury may not (nor may any delegate of such Secretary) issue, revise, or finalize any regulation (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)), revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard and definitions specified in subsection (a). (c) Application to organizations Except as provided in subsection (d), this section shall apply with respect to any organization claiming tax exempt status under section 501(c)(4) of the Internal Revenue Code of 1986 which was created on, before, or after the date of the enactment of this Act. (d) Sunset This section shall not apply after the one-year period beginning on the date of the enactment of this Act.

Stop Targeting of Political Beliefs by the IRS Act of 2014

Designer Anabolic Steroid Control Act of 2014 - Amends the Controlled Substances Act to:  (1) expand the list of substances defined as "anabolic steroids"; (2) authorize the Attorney General to issue a temporary order adding a drug or other substance to the list of anabolic steroids; (3) impose enhanced criminal and civil penalties for possessing or trafficking in any anabolic steroid, or product containing an anabolic steroid, unless it bears a label clearly identifying the anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry; and (4) authorize the Attorney General to collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled. Specifies that a substance shall not be considered to be a drug or hormonal substance that is considered to be an anaboloic steroid if it is: (1) an herb or other botanical; (2) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; (3) a combination of two or more such substances (i.e., botanical or concentrate, metabolite, or extract); or (4) a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act. Provides that any person claiming the benefit of an exemption or exception from being considered a drug or hormonal substance shall bear the burden of providing the appropriate evidence. Directs: (1) the United States Sentencing Commission to review and amend federal sentencing guidelines with respect to offenses involving anabolic steroids, and (2) the Administrator of the Drug Enforcement Administration (DEA) to report every two years on what anabolic steroids have been scheduled on a temporary basis under this Act.

113 S2012 IS: Designer Anabolic Steroid Control Act of 2014 U.S. Senate 2014-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2012 IN THE SENATE OF THE UNITED STATES February 11, 2014 Mr. Whitehouse Mr. Hatch Committee on the Judiciary A BILL To amend the Controlled Substances Act to more effectively regulate anabolic steroids. 1. Short title This Act may be cited as the Designer Anabolic Steroid Control Act of 2014 2. Amendments to the Controlled Substances Act (a) Definitions Section 102(41) of the Controlled Substances Act ( 21 U.S.C. 802(41) (1) in subparagraph (A)— (A) in clause (xlix), by striking and (B) by redesignating clause (xlx) as clause (lxxvii); and (C) by inserting after clause (xlix) the following: (l) 5α-Androstan-3,6,17-trione; (li) Androst-4-ene-3,6,17-trione; (lii) Androsta-1,4,6-triene-3,17-dione; (liii) 6-bromo-androstan-3,17-dione; (liv) 6-bromo-androsta-1,4-diene-3,17-dione; (lv) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; (lvi) 4-chloro-17α-methyl-androst-4-ene-3β,17β-diol; (lvii) 4-chloro-17α-methyl-17β-hydroxy-androst-4-en-3-one; (lviii) 4-chloro-17α-methyl-17β-hydroxy-androst-4-ene-3,11-dione; (lix) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; (lx) 2α,17α-dimethyl-17β-hydroxy-5α-androstan-3-one; (lxi) 2α,17α-dimethyl-17β-hydroxy-5β-androstan-3-one; (lxii) 2α,3α-epithio-17α-methyl-5α-androstan-17β-ol; (lxiii) [3,2-c]-furazan-5α-androstan-17β-ol; (lxiv) 3β-hydroxy-estra-4,9,11-trien-17-one; (lxv) 17α-methyl-androst-2-ene-3,17β-diol; (lxvi) 17α-methyl-androsta-1,4-diene-3,17β-diol; (lxvii) Estra-4,9,11-triene-3,17-dione; (lxviii) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one; (lxix) 6α-Methyl-androst-4-ene-3,17-dione; (lxx) 17α-Methyl-androstan-3-hydroxyimine-17β-ol; (lxxi) 17α-Methyl-5α-androstan-17β-ol; (lxxii) 17β-Hydroxy-androstano[2,3-d]isoxazole; (lxxiii) 17β-Hydroxy-androstano[3,2-c]isoxazole; (lxxiv) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5α-androstan-17β-ol; (lxxv) [3,2-c]pyrazole-androst-4-en-17β-ol; (lxxvi) [3,2-c]pyrazole-5α-androstan-17β-ol; and ; and (2) by adding at the end the following: (C) (i) Subject to clause (ii) and the limitations under section 201(i)(6), a drug or hormonal substance (other than estrogens, progestins, corticosteroids, and de­hy­dro­epi­an­dros­ter­one) that is not listed in subparagraph (A) and is derived from, or has a chemical structure substantially similar to, 1 or more anabolic steroids listed in subparagraph (A) shall be considered to be an anabolic steroid for purposes of this Act if— (I) the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either— (aa) promotes muscle growth; or (bb) otherwise causes a pharmacological effect similar to that of testosterone; or (II) the drug or substance has been, or is intended to be, marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone. (ii) A substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it— (I) is— (aa) an herb or other botanical; (bb) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; or (cc) a combination of 2 or more substances described in item (aa) or (bb); and (II) is a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (iii) In accordance with section 515(a), any person claiming the benefit of an exemption or exception under clause (ii) shall bear the burden of going forward with the evidence with respect to such exemption or exception. . (b) Classification authority Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: (i) Temporary and permanent scheduling of recently emerged anabolic steroids (1) The Attorney General may issue a temporary order adding a drug or other substance to the list of anabolic steroids if the Attorney General finds that— (A) the drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41) but is not listed in that section or by regulation of the Attorney General as being an anabolic steroid; and (B) adding such drug or other substance to the list of anabolic steroids will assist in preventing the unlawful importation, manufacture, distribution, or dispensing of such drug or other substance. (2) An order issued under paragraph (1) shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The order shall expire not later than 24 months after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 6 months. (3) A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent scheduling order under paragraph (5). (4) An order issued under paragraph (1) is not subject to judicial review. (5) The Attorney General may, by rule, issue a permanent order adding a drug or other substance to the list of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41). Such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph (1). (6) If a drug or other substance has not been temporarily or permanently added to the list of anabolic steroids pursuant to this subsection, the drug or other substance shall be considered an anabolic steroid if in any criminal, civil, or administrative proceeding arising under this Act it has been determined in such proceeding, based on evidence presented in the proceeding, that the substance satisfies the criteria for being considered an anabolic steroid under paragraph (41)(A), (41)(C)(i), or (41)(C)(ii) of section 102. . (c) Labeling requirements (1) In general The Controlled Substances Act is amended by inserting after section 305 ( 21 U.S.C. 825 305A. Offenses involving false labeling of anabolic steroids (a) Unlawful acts (1) It shall be unlawful— (A) to import into the United States or to export from the United States; (B) to manufacture, distribute, dispense, sell, or offer to sell; or (C) to possess with intent to manufacture, distribute, dispense, sell, or offer to sell; any anabolic steroid, or any product containing an anabolic steroid, unless it bears a label clearly identifying any anabolic steroid contained in such steroid or product by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). (2) A product that is the subject of an approved application as described in section 505(b), (i) or (j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) (b) Criminal penalties Any person who violates subsection (a) knowing, intending, or having reasonable cause to believe, that the substance or product is an anabolic steroid, or contains an anabolic steroid, shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both. (c) Civil penalties (1) Any person who violates subsection (a) shall be subject to a civil penalty as follows: (A) In the case of an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (B)), up to $500,000 per violation. For purposes of this subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, or distribution, and each anabolic steroid or product imported, exported, manufactured, or distributed. (B) In the case of a sale or offer to sell at retail, up to $25,000 per violation. For purposes of this subparagraph, each sale and each product offered for sale shall be considered a separate violation. Continued offers to sell by a person 10 or more days after written notice (including through electronic message) to the person by the Attorney General or the Secretary shall be considered additional violations. (2) In this subsection, the term product (d) Identification and publication of list of products containing anabolic steroids (1) The Attorney General may, in his discretion, collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section. The Attorney General may publish in the Federal Register or on the website of the Drug Enforcement Administration a list of products that he has determined, based on substantial evidence, contain an anabolic steroid and are not labeled in accordance with this section. (2) The absence of a product from the list referred to in paragraph (1) shall not constitute evidence that the product does not contain an anabolic steroid. . (2) Table of contents The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 305 the following: Sec. 305A. Offenses involving false labeling of anabolic steroids. . 3. Sentencing commission guidelines The United States Sentencing Commission shall— (1) review and amend the Federal sentencing guidelines with respect to offenses involving anabolic steroids, including the offenses under section 305A of the Controlled Substance Act, as added by section 2; (2) amend the Federal sentencing guidelines, including notes to the drug quantity tables, to provide clearly that in a case involving an anabolic steroid not in a tablet, capsule, liquid, or other form where dosage can be readily ascertained (such as a powder, topical cream, gel, or aerosol), the sentence shall be determined based on the entire weight of the mixture or substance; (3) amend the applicable guidelines by designating quantities of mixture or substance that correspond to a unit so that offenses involving such forms of anabolic steroids are penalized at least as severely as offenses involving forms whose dosage can be readily ascertained; and (4) take such other action as the Commission considers necessary to carry out this Act and this section. 4. Congressional oversight The Administrator of the Drug Enforcement Administration shall report to Congress every 2 years— (1) what anabolic steroids have been scheduled on a temporary basis under the provisions of this Act; and (2) the findings and conclusions that led to such scheduling.

Designer Anabolic Steroid Control Act of 2014

Department of Veterans Affairs Management Accountability Act of 2014 - Authorizes the Secretary of Veterans Affairs to: (1) remove any employee of the Department of Veterans Affairs (VA) from a Senior Executive Service position upon determining such individual's performance warrants removal, and (2) remove such individual from the civil service or appoint the individual to a General Schedule position at any grade that the Secretary deems appropriate. Requires: (1) the Secretary to notify the House and Senate Veterans' Affairs committees within 30 days after removing such an individual, and (2) such removal to be done in the same manner as the removal of a professional staff member employed by a Member of Congress.

113 S2013 IS: Department of Veterans Affairs Management Accountability Act of 2014 U.S. Senate 2014-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2013 IN THE SENATE OF THE UNITED STATES February 11, 2014 Mr. Rubio Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for the removal of Senior Executive Service employees of the Department of Veterans Affairs for performance, and for other purposes. 1. Short title This Act may be cited as the Department of Veterans Affairs Management Accountability Act of 2014 2. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance (a) In general Chapter 7 713. Senior Executive Service: removal based on performance (a) In general (1) Notwithstanding subchapter V of chapter 35 chapter 75 section 3132(a) (2) If the Secretary so removes such an individual, the Secretary may— (A) remove the individual from the civil service (as defined in section 2101 (B) appoint the individual to a General Schedule position at any grade of the General Schedule the Secretary determines appropriate. (b) Notice to Congress Not later than 30 days after removing an individual from the Senior Executive Service under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice in writing of such removal and the reason for such removal. (c) Manner of removal A removal under this section shall be done in the same manner as the removal of a professional staff member employed by a Member of Congress. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: removal based on performance. .

Department of Veterans Affairs Management Accountability Act of 2014

GI Education Benefit Fairness Act of 2014 - Expands the definition of "children," for purposes of provisions allowing members or former members of the uniformed services who served on active duty for specified periods beginning on or after September 11, 2001, to transfer their entitlement to educational assistance, to mean an unmarried person who: (1) is placed in the legal custody of a member or former member by court order for at least 12 consecutive months, (2) has not attained the age of 21, (3) has not attained the age of 23 and is enrolled in a full-time course of study at an institution of higher learning, (4) is incapable of self support due to a mental or physical incapacity that occurred while such person was a dependent of the member or former member, (5) is dependent on the member or former member for over one-half of his or her support, (6) resides with the member or former member unless separated due to military service or institutionalization for a disability or incapacitation, and (7) is not a dependent of a member or former member under any other provision defining dependent.

113 S2014 IS: GI Education Benefit Fairness Act of 2014 U.S. Senate 2014-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2014 IN THE SENATE OF THE UNITED STATES February 11, 2014 Mr. Durbin Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for clarification regarding the children to whom entitlement to educational assistance may be transferred under Post-9/11 Educational Assistance, and for other purposes. 1. Short title This Act may be cited as the GI Education Benefit Fairness Act of 2014 2. Clarification regarding the children to whom entitlement to educational assistance may be transferred under Post-9/11 Educational Assistance (a) In general Subsection (c) of section 3319 (c) Eligible dependents (1) Transfer An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement as follows: (A) To the individual’s spouse. (B) To one or more of the individual’s children. (C) To a combination of the individuals referred to in subparagraphs (A) and (B). (2) Definition of children For purposes of this subsection, the term children section 1072(2)(I) . (b) Applicability The amendment made by subsection (a) shall apply with respect to educational assistance payable under chapter 33

GI Education Benefit Fairness Act of 2014

Welfare Reform and Upward Mobility Act - Amends the Food and Nutrition Act of 2008 to declare that it should be the purpose of the supplemental nutrition assistance program (SNAP, formerly the food stamp program) to increase employment, encourage healthy marriage, and promote prosperous self-sufficiency, which means the ability of households to maintain an income above the poverty level without services and benefits from the federal government. Declares that food or a food product shall be considered a food under such Act only if it is a bare essential (as determined by the Secretary of Agriculture [USDA]). Defines "able-bodied, work capable adult" and "physically or mentally incapable of work." Prescribes additional conditions of participation, denying SNAP eligibility, for instance, to any able-bodied, work-capable adult who: (1) refuses to register for employment or without good cause accept an offer of employment at a certain wage, (2) refuses without good cause to give a state agency sufficient information of his or her employment status or job availability, (3) voluntarily quits a job or reduces work effort below 30 hours a week unless another adult in the same family unit increases employment to make up the difference, or (4) is on strike because of a labor dispute other than a lockout. Revises SNAP eligibility requirements for students with dependent children. Denies SNAP eligibility to members of a program-eligible family required by the state agency to participate in work activation unless the relevant one or more adults in such family comply with the work activation standards. Terminates benefits for all family members for failure to participate in work activation during a given month. Prescribes work activation standards for a family unit with adult members required to participate in work activation. Requires each state participating in SNAP to carry out a work activation program whose goals are to: (1) encourage and assist able-bodied, work-capable adult SNAP recipients to obtain paid employment; (2) reduce dependence on government assistance; and (3) ensure that able-bodied, work-capable adult SNAP recipients make a contribution to society and the taxpayers in exchange for assistance received. Sets forth mandatory state work activation participation rates. Prescribes requirements for: (1) funding reductions as a penalty for inadequate state performance, (2) restoration in funding resulting from improved state performance, and (3) rewards to states for reducing government dependence. Amends the American Recovery and Reinvestment Act of 2009 to terminate its temporary increase in SNAP benefits. Requires the President's budget to include the total level of means-tested welfare spending by the federal government as well as the total by all states, local governments, and the federal government for the most recent year for which such data is available, and estimated levels for the fiscal year during which the budget submission is made. Amends the Congressional Budget Act of 1974 to define "means-tested welfare spending" and specifies the federal programs on which welfare spending shall be means-tested, and which federal programs shall not be. Requires reports to congressional budget committees and the concurrent resolution on the budget to include specified information with respect to means-tested welfare spending, and requires a point of order in both chambers of Congress if the means-tested welfare spending limit is to be exceeded. Amends the Social Security Act (SSA) to authorize the Secretary of Health and Human Services (HHS) to make grants to states to reward reductions in poverty and government dependence and increases in self-sufficiency. Restricts funding for health benefits coverage that includes abortion.

113 S2015 IS: Welfare Reform and Upward Mobility Act U.S. Senate 2014-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2015 IN THE SENATE OF THE UNITED STATES February 11, 2014 Mr. Lee Mr. Cruz Mr. Vitter Mr. Inhofe Committee on Finance A BILL To help individuals receiving assistance under means-tested welfare programs obtain self-sufficiency, to provide information on total spending on means-tested welfare programs, to provide an overall spending limit on means-tested welfare programs, and for other purposes. 1. Short title This Act may be cited as the Welfare Reform and Upward Mobility Act 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Modifications to supplemental nutrition assistance program Sec. 101. Work requirements. Sec. 102. Termination of benefit increase. TITLE II—Reporting of means-tested welfare spending in President’s budget submission Sec. 201. Additional information in President’s budget submission. TITLE III—Aggregate cap for means-tested welfare spending Sec. 301. Definition of means-tested welfare spending. Sec. 302. Reports to budget committees. Sec. 303. Content of concurrent resolutions on the budget. Sec. 304. Allocations of means-tested welfare spending. Sec. 305. Reconciliation. TITLE IV—Grants to promote self-sufficiency Sec. 401. Grants to States. TITLE V—Prohibition on funding of abortion Sec. 501. Prohibition on funding for abortions. Sec. 502. Prohibition on funding for health benefits plans that cover abortion. Sec. 503. Prohibition on tax benefits relating to abortion. Sec. 504. Construction relating to separate coverage. Sec. 505. Construction relating to the use of non-Federal funds for health coverage. Sec. 506. Treatment of abortions related to rape, incest, or preserving the life of the mother. I Modifications to supplemental nutrition assistance program 101. Work requirements (a) Declaration of policy Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C. 2011) is amended by adding at the end the following: Congress further finds that it should also be the purpose of the supplemental nutrition assistance program to increase employment, to encourage healthy marriage, and to promote prosperous self-sufficiency, which means the ability of households to maintain an income above the poverty level without services and benefits from the Federal Government. (b) Definition of food Section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k) , except that a food, food product, meal, or other item described in this subsection shall be considered a food under this Act only if it is a bare essential (as determined by the Secretary) (c) Other definitions Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 (w) Able-Bodied, work-Capable adult (1) In general The term able-bodied, work-capable adult (A) is more than 18, and less than 63, years of age; (B) is not physically or mentally incapable of work; and (C) is not the full-time caretaker of a disabled adult dependent. (2) Physically or mentally incapable of work For purposes of paragraph (1)(B), the term physically or mentally incapable of work (A) currently receives benefits under the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work; or (B) has been medically certified as physically or mentally incapable of work and who has a credible pending application for enrollment in the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work. (x) Approved offsite work activation The term approved offsite work activation (1) online job preparation and training programs that are approved and monitored by the State agency; or (2) job search activities that are approved by the State agency and monitored by the State to ensure that an appropriate number of job applications and employer contacts are performed. (y) Family head The term family head (1) a biological parent who is lawfully present in the United States and resides within a household with 1 or more dependent children who are the biological offspring of the parent; or (2) in the absence of a biological parent, a step parent, adoptive parent, guardian, or adult relative who resides with and provides care to the 1 or more children and is lawfully present in the United States. (z) Family unit The term family unit (1) an adult residing without dependent children; (2) a single-headed family with dependent children; or (3) a married couple family with dependent children. (aa) Family with dependent children (1) In general The term family with dependent children (2) Multiple families in a household There may be more than 1 family with dependent children in a single household. (bb) Married couple family with dependent children The term married couple family with dependent children (cc) Married spouse of the family head The term married spouse of the family head (1) resides with the family head and dependent children; and (2) is lawfully present in the United States. (dd) Member of a family The term member of a family (ee) Onsite work activation (1) In general The term onsite work activation (A) supervised job search; (B) community service activities; (C) education and job training for individuals who are family heads or married spouses of family heads; (D) workfare under section 20; or (E) drug or alcohol treatment. (2) Supervised job search For purposes of paragraph (1)(A), the term supervised job search (A) The job search occurs at an official location where the presence and activity of the recipient can be directly observed, supervised, and monitored. (B) The recipient's entry, time onsite, and exit from the official job search location are recorded in a manner that prevents fraud. (C) The recipient is expected to remain and undertake job search activities at the job search center. (D) The quantity of time the recipient is observed and monitored engaging in job search at the official location is recorded for purposes of compliance with section 29. (ff) Penalty period (1) In general The term penalty period (2) First penalty period The first penalty period of each fiscal year shall be the 6-month period beginning on October 1. (3) Second penalty period The second penalty period of each fiscal year shall be the 6-month period beginning on April 1. (4) Adjustment The entire supplemental nutrition assistance program 6-month funding allotment of a State during a penalty period shall be adjusted in response to the performance of the work activation program of the State during previous performance measurement periods. (gg) Performance measurement period (1) In general The term performance measurement period (2) First performance measurement period The first performance measurement period of each fiscal year shall be the 6-month period beginning on October 1. (3) Second performance measurement period The second performance measurement period of each fiscal year shall be the 6-month period beginning on April 1. (hh) Program-Eligible adult without dependent children The term program-eligible adult without dependent children (1) receives program benefits for 1 month; and (2) has maintained less than 120 hours of paid employment during that month. (ii) Program-Eligible family unit The term program-eligible family unit (1) a program-eligible adult without dependent children; (2) a program-eligible single-headed family with dependent children; or (3) a program-eligible married couple with dependent children. (jj) Program-Eligible married couple with dependent children The term program-eligible married couple with dependent children (1) receives program benefits for 1 month; and (2) has maintained less than 120 hours of paid employment between the family head and the married spouse of the family head, summed together and counted jointly, during the month. (kk) Program-Eligible single-Headed family with dependent children The term program-eligible single-headed family with dependent children (1) receives program benefits for 1 month; and (2) has a family head who has maintained less than 120 hours of paid employment during that month. (ll) Single-Headed family with dependent children The term single-headed family with dependent children (1) contains a family head residing with the family; but (2) does not have a married spouse of the family head residing with the family. (mm) State share of work-Capable family units in calendar year 2010 The term State share of work-capable family units in calendar year 2010 (1) the average monthly number of work-capable family units in the State during calendar year 2010; by (2) the average monthly number of work-capable family units in all 50 States and the District of Columbia during calendar year 2010. (nn) Total family units eligible for participation in work activation The term total family units eligible for participation in work activation (1) program-eligible adults without dependent children; (2) program-eligible single-headed families with dependent children; and (3) program-eligible married couples with dependent children. (oo) Work activation The term work activation (1) onsite work activation; and (2) approved offsite work activation. (pp) Work-Capable adult without dependent children The term work-capable adult without dependent children (1) is an able-bodied, work-capable adult; and (2) is not a family head or the married spouse of a family head. (qq) Work-Capable married couple family with dependent children The term work-capable married couple family with dependent children (1) the family head; or (2) the married spouse of the family head. (rr) Work-Capable single-Headed family with dependent children The term work-capable single-headed family with dependent children . (d) Conditions of participation Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (d) Conditions of participation (1) Work requirements (A) In general No able-bodied, work-capable adult shall be eligible to participate in the supplemental nutrition assistance program if the individual— (i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary; (ii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of— (I) the applicable Federal or State minimum wage; or (II) 80 percent of the wage that would have applied had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) (iii) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; or (iv) voluntarily— (I) quits a job; or (II) reduces work effort and, after the reduction, is working less than 30 hours per week, unless another adult in the same family unit increases employment at the same time by an amount that is at least equal to the reduction in work effort by the first adult. (B) Family unit ineligibility If an able-bodied, work-capable adult is ineligible to participate in the supplemental nutrition assistance program because of subparagraph (A), no other member of the family unit to which that adult belongs shall be eligible to participate. (C) Duration of ineligibility An able-bodied, work-capable adult who becomes ineligible under subparagraph (A), and members of the family unit who become ineligible under subparagraph (B), shall remain ineligible for 3 months after the date on which ineligibility began. (D) Restoration of eligibility At the end of the 3-month period of ineligibility under subparagraph (c), members of a work-capable family unit may have their eligibility to participate in the supplemental nutrition assistance program restored, if— (i) the family unit is no longer a work-capable family unit; or (ii) the adult members of the family unit begin and maintain any combination of paid employment and work activation sufficient to meet the appropriate standards for resumption of benefits in section 29(c)(2). (2) Strike against a government For the purpose of subparagraph (A)(iv), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause. (3) Striking workers ineligible (A) In general Except as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, no member of a family shall be eligible to participate in the supplemental nutrition assistance program at any time that any able-bodied, work-capable adult member of the household is on strike as defined in section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142 29 U.S.C. 152 (B) Prior eligibility (i) In general Subject to clause (ii), a family unit shall not lose eligibility to participate in the supplemental nutrition assistance program as a result of 1 of the members of the family unit going on strike if the household was eligible immediately prior to the strike. (ii) No increased allotment A family unit described in clause (i) shall not receive an increased allotment as the result of a decrease in the income of the 1 or more striking members of the household. (C) Refusal to accept employment Ineligibility described in subparagraph (A) shall not apply to any family unit that does not contain a member on strike, if any of the members of the family unit refuses to accept employment at a plant or site because of a strike or lockout. . (e) Eligibility of students with dependent children Section 6(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(e) (8) is enrolled full-time in an institution of higher education, as determined by the institution, and— (A) is a single parent with responsibility for the care of a dependent child under 12 years of age; or (B) is a family head or married spouse of a family head in a married couple family with dependent children and has a dependent child under age 12 residing in the home. . (f) Work requirement Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (o) Fulfillment of employment and work activation requirements (1) In general If 1 or more adults within a program-eligible family unit are required by the State agency to participate in work activation under section 29, no member of the family unit shall be eligible for supplemental nutrition assistance benefits unless the relevant 1 or more adults fully comply with the work activation standards. (2) Sanctions and resumption of benefits If 1 or more adults within a program-eligible family unit who are required by the State agency to participate in work activation under section 29 during a given month fail to comply with the work activation standards, benefits for all members of the family unit— (A) shall be terminated in accordance with section 29(c)(1); and (B) may be resumed upon compliance with section 29(c)(2). . (g) Exclusion Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (r) Minor children No child less than age 18 years of age may participate in the supplemental nutrition assistance program unless the child is a member of a family with dependent children and resides with an adult who is— (1) the family head of the same family of which the child is also a member; (2) eligible to participate, and participating, in the supplemental nutrition assistance program as a member of the same household as the child; and (3) lawfully residing, and eligible to work, in the United States. . (h) Hearing and determination Section 11(e)(10) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(10)) is amended by striking : Provided hearing; (i) Work requirements and activation program The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: 29. Work requirements and activation program (a) Work activation standards (1) In general Subject to paragraph (3), a family unit with adult members that is required to participate in work activation under subsection (e) during a full month of participation in the supplemental nutrition assistance program shall fulfill the following levels of work activation during that month: (A) Work activation performance level for program-eligible adult without dependent children Each program-eligible adult without dependent children who is required to participate in work activation by a State agency under subsection (e) for a particular month shall be required to perform a minimum of 36 hours of work activation for that month, including at least— (i) a minimum of 16 hours of supervised onsite work activation; and (ii) a minimum of 20 additional hours of— (I) onsite work activation; (II) approved offsite work activation; or (III) a combination of both. (B) Work activation performance levels for program-eligible single parent families with dependent children Work-capable adult family heads in program-eligible single parent families with dependent children who are required by a State agency to participate in work activation under subsection (e) shall be required to perform a minimum of 72 hours of work activation per month, including at least— (i) a minimum of 32 hours of supervised onsite work activation; and (ii) a minimum of 40 additional hours of— (I) onsite work activation; (II) approved offsite work activation; or (III) a combination of both. (C) Work activation performance levels for program-eligible married couples with dependent children (i) In general Subject to clause (ii), each program-eligible married couple with dependent children that is required by a State agency to participate in work activation under subsection (e) shall be required to perform a minimum of 72 hours of work activation per month, including at least— (I) a minimum of 32 hours of supervised onsite work activation; and (II) a minimum of 40 additional hours of— (aa) onsite work activation; (bb) approved offsite work activation; or (cc) a combination of both. (ii) Requirements (I) Single joint obligation The 72-hour requirement under clause (i) shall be a single joint obligation for the married couple as a whole in which the activities of both married partners shall be combined together and counted jointly. (II) Options The work activation requirement for a work-capable married couple family with dependent children may be fulfilled by— (aa) 72 or more hours of appropriate activity by the family head; (bb) 72 or more hours of appropriate activity by the married spouse of the family head; or (cc) the combined activity of the family head and married spouse of the family head which when added together equal or exceed 72 hours. (D) No separate work activation requirement Neither the family head nor the married spouse of the family in a married couple family with dependent children shall be subject to a separate work activation requirement as individuals. (2) Limitation on combined hours of work activation and paid employment (A) In general Notwithstanding subparagraphs (A), (B), and (C) of paragraph (1), a State may count any program-eligible family unit as fulfilling the full engagement requirement of the family unit for a month, for purposes of paragraphs (3) and (4) of subsection (e), if the combined sum of paid employment and work activation by work-capable adults within the family unit in that month equals at least 160 hours. (B) Result of fulfillment If the combined sum of hours of paid employment and work activation by work-capable individuals within a program-eligible family unit is at least 160 hours in a given month— (i) the family unit has fulfilled the Federal work activation standards of the family unit for that month; and (ii) the State agency need not require members of the family unit to perform additional work activation during that month. (b) Pro rata reduction in employment and work activation standard during a partial month (1) In general A program-eligible family unit shall be subject to a pro-rated work activation standard, if the family unit— (A) receives a pro-rated monthly allotment during the initial month of enrollment under section 8(c); and (B) is required by the State to participate in the work activation program during that month. (2) Pro-rated work activation standard For purposes of paragraph (1), the term pro-rated work activation standard (A) the pro-rated monthly allotment received by the household for the partial month under section 8(c); bears to (B) the full allotment the same household would receive for a complete month. (3) Requirement For purposes of fulfilling the pro-rated work activation requirement during an initial month of enrollment in the supplemental nutrition assistance program, only those hours of adult work activation that occurred during the portion of the month in which the family unit was participating in the supplemental nutrition assistance program shall be counted. (c) Sanction for noncompliance by family units (1) Standard (A) In general If 1 or more members of a program-eligible family unit are required to participate in the work activation program under subsection (e) in a calendar month and 1 or more individuals fail to fulfill the work activation standards under subsection (a) or (b) for that month— (i) no member of the family unit shall be eligible to receive supplemental nutrition assistance benefits during the subsequent calendar month; and (ii) except as provided in subparagraph (B), the State agency shall not provide the supplemental nutrition assistance benefit payment for all members of the family unit that otherwise would have been issued at the beginning of the next month. (B) Administrative delay of sanction (i) In general Except as provided in clauses (ii) and (iii), if it is administratively infeasible for the State to not provide the supplemental nutrition assistance benefit that would be issued at the beginning of the first month after the month of noncompliance, the State shall not provide the payment to all members of the family unit that otherwise would have been made at the beginning of the second month after the month of noncompliance. (ii) Deadline The sanction of benefits shall occur not later than 32 days after the end of the month of noncompliance. (iii) Relationship of payments to members of the family unit At least 1 monthly payment to all members of the family unit shall be not provided for each month of noncompliance under subparagraph (A). (2) Resumption of benefits after sanction (A) In general If a family unit has had the monthly benefit of the family unit not provided due to noncompliance with a work activation requirement under paragraph (1), the family unit shall not be eligible to receive future benefits under the supplemental nutrition assistance program until— (i) the 1 or more work-capable members of the family unit have— (I) successfully participated in a work activation program under subsection (e) for at least 4 consecutive, subsequent weeks; and (II) fulfilled the work activation standard for the family unit for that same 4-week period by maintaining an hourly total of participation in work activation that is at least equal to the appropriate monthly totals for hours of participation provided in subsection (a); (ii) the family unit no longer contains any able-bodied, work-capable adults; or (iii) the family unit maintains at least 120 hours of paid employment during the 4-week period. (B) Limitation The resumed benefits provided under subparagraph (A) shall not restore or compensate for the benefits that were not provided due to the sanction imposed under paragraph (1). (d) Work activation is not employment Participation in work activation activities under this section shall not be— (1) considered to be employment; or (2) subject to any law pertaining to wages, compensation, hours, or conditions of employment under any law administered by the Secretary of Labor. (e) Work activation program (1) Program Each State participating in the supplemental nutrition assistance program shall carry out a work activation program. (2) Purpose (A) In general The goals of each work activation program shall be— (i) to encourage and assist able-bodied, work-capable adult recipients of supplemental nutrition assistance to obtain paid employment; (ii) to reduce dependence on government assistance; and (iii) to ensure that able-bodied, work-capable adult recipients of supplemental nutrition assistance make a contribution to society and the taxpayers in exchange for assistance received. (B) Requirement To accomplish the goals described in subparagraph (A), each State shall require able-bodied, work-capable adult recipients of supplemental nutrition assistance who are unemployed or under-employed to engage in work activation. (3) Required State work activation participation rates (A) In general Subject to subparagraph (D), each State that receives supplemental nutrition assistance program funding shall be required to meet, for the work activation programs of the State— (i) a work activation participation rate for work-capable adults without dependent children, as described in subparagraph (B); and (ii) a total recipient work activity participation rate, as described in subparagraph (C). (B) Participation rate for work-capable without dependent children The average monthly percent of program-eligible work-capable without dependent children who shall be required to maintain full engagement in work activation under subparagraph (A)(i) shall be— (i) for each performance measurement period in fiscal year 2014, 50 percent of all program-eligible adults without dependent children; and (ii) for each performance measurement period in fiscal year 2015 and each subsequent fiscal year, 85 percent of all program-eligible adults without dependent children who are eligible for work activation. (C) Overall participation rate for all program-eligible recipients The average monthly number of program-eligible family units who shall be required to maintain full engagement in work activation in a given month shall be— (i) for each performance measurement period in fiscal year 2015, the lesser of— (I) the product obtained by multiplying— (aa) the State share of work-capable family units in calendar year 2010; by (bb) 2,000,000; or (II) 85 percent of the average monthly number of total program-eligible family units in the State; and (ii) for each performance measurement period in fiscal year 2016 and each subsequent fiscal year, the lesser of— (I) the product obtained by multiplying— (aa) the State share of work-capable family units in calendar year 2010; by (bb) 4,000,000; or (II) 85 percent of the average monthly number of total family units eligible for participation in work activation in the State in the calendar year. (D) Limitation If the total number of individuals in a State who are required to participate in work activation under the work-capable adults without dependent children work activation requirement described in subparagraph (B) is greater than the number of individuals in the State who are required to participate under the overall participation rate requirement described in subparagraph (C), the State shall be required to fulfill only the requirement for work-capable adults without dependent children. (4) Counting full engagement in work activation for purposes of measuring State compliance with participation rates (A) In general For purposes of determining the compliance of a State with the participation rate standards in paragraph (3), a State shall count in each month the number of program-eligible family units that maintained full engagement in work activation in that month. (B) Full Engagement (i) In general For purposes of subparagraph (A), a family unit shall be counted as having maintained full engagement in work activation in a given month if the family unit was— (I) a program-eligible family unit that performed sufficient work activation in the month to meet the work activation standards provided in subsection (a) or (b); (II) a family unit that did not qualify for supplemental nutrition assistance benefits in a current month because of a prior sanction but that qualified for a resumption of benefits due to work activation performed in the month that meets the standards provided in subsection (c)(2); or (III) a program-eligible family unit that— (aa) received supplemental nutrition assistance benefits in a given month; (bb) was required by a State agency to participate in work activation in that month; (cc) failed to perform sufficient work activation in that month to meet the standards in subsection (a) or (b); and (dd) was sanctioned by an elimination of supplemental nutrition assistance benefits in the 1 or more immediately succeeding months, in accordance with subsection (c)(1). (ii) Limitation (I) In general For purposes of clause (i)(III), a family unit that was required to participate in work activation but failed to perform sufficient activity to meet the standard shall be counted as having maintained full engagement in work activation only in the first month of noncompliance. (II) Subsequent months Except as provided in clause (i)(II), the family unit shall not be counted as maintaining full engagement in work activation in any subsequent month in which the family unit was subject to the sanction for noncompliance. (C) Benefits previously terminated Except as provided in subparagraph (B)(i)(II) concerning family units that qualify for resumption of benefits, a family unit that does not receive supplemental nutrition assistance benefits in a given month because the benefits of the family unit have been previously terminated in accordance with subsection (c)(1) shall not be counted in that month— (i) as a family unit that has maintained full engagement in work activation; or (ii) as a program-eligible family unit. (5) Penalties for inadequate State performance (A) Requirement (i) In general Beginning in fiscal year 2015 and for each subsequent fiscal year, each State shall count the monthly average number of program-eligible family units that maintain full engagement in work activation during each performance measurement period. (ii) Reduction in funding If the monthly average number of program-eligible family units that maintain full engagement in a State is not sufficient to fulfill 1 or both of the relevant performance standards in subparagraphs (B) and (C) of paragraph (3) during a performance measurement period (subject to the limitation in paragraph (3)(D)), the Federal supplemental nutrition assistance program funding for the State shall be reduced for the entire penalty period that commences 12 months after the commencement of the relevant performance measurement period. (B) Schedule of funding reductions (i) In general The funding reduction for a State under subparagraph (A) shall be determined by the number of consecutive performance measurement periods during which the State has failed to meet 1 or both of the relevant work activation participation rates under subparagraphs (B) and (C) of paragraph (3) (subject to paragraph (3)(D)). (ii) Failure If any State fails to maintain a monthly average number of program-eligible family units that maintain full engagement in work activation during a performance measurement period that fulfills 1 or both of the relevant performance standards under subparagraphs (B) and (C) of paragraph (3) (subject to paragraph (3)(D))— (I) for a single, nonconsecutive performance measurement period, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 20 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (II) for 2 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 30 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (III) for 3 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 40 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (IV) for 4 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 50 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (V) for 5 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 70 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; or (VI) for 6 or more consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 100 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period. (C) Restoration in funding resulting from improved State performance (i) In general Subject to clause (iii), if a State maintains a monthly average number of program-eligible family units that maintain full engagement in work activation that is sufficient to fulfill the relevant performance standards described in subparagraphs (B) and (C) of paragraph (3), subject to the limitation in paragraph (3)(D) for 1 nonconsecutive performance measurement period, the Federal supplemental nutrition assistance funding for the State for the next penalty period shall equal 1/2 (I) the normal funding allotment of the State for the performance measurement period; and (II) the funding allotment of the State for the previous penalty period. (ii) Subsequent periods Subject to clause (iii), if a State maintains a monthly average number of program-eligible family units who maintain full engagement in work activation that is sufficient to fulfill the relevant performance standards described in subparagraphs (B) and (C) of paragraph (3), subject to the limitation in paragraph (3)(D) for 2 consecutive performance measurement periods, the Federal supplemental nutrition assistance funding for the State shall equal 100 percent of the normal funding allotment of the State for the next penalty period. (iii) Limitation Notwithstanding clauses (i) and (ii), no State shall receive more than 100 percent of the normal funding allotment of the State due to the provisions of this paragraph. (6) Rewards to States for reducing government dependence (A) In general If, in any future year, a State reduces the supplemental nutrition assistance caseload of the State below the levels that existed in calendar year 2006, the State shall receive a financial reward for reducing dependence. (B) Amount The reward shall equal 1⁄4 (C) Use of reward A State may use reward funding under this paragraph for any purpose chosen by the State that— (i) provides benefits or services to individuals with incomes below 200 percent of the Federal poverty level; (ii) improves social outcomes in low-income populations; (iii) encourages healthy marriage; or (iv) increases self-sufficiency and reduces dependence. (7) Authorization of funding (A) In general There is authorized to be appropriated to the Secretary to provide funds to State governments for the purpose of carrying out work activation programs in accordance with this section $500,000,000 for fiscal year 2014 and each subsequent fiscal year. (B) Allocation among States The total amount appropriated under subparagraph (A) for a fiscal year shall be allocated among the States in accordance with the proportion of each State’s share of total funding for the supplemental nutrition assistance program under this Act in fiscal year 2007. (C) Additional funding (i) TANF funding (I) In general Notwithstanding any other provision of law, in fiscal year 2014 and each subsequent fiscal year, a State that receives supplemental nutrition assistance funds may spend, in that fiscal year to administer the work activation program of the State under this section, up to— (aa) 30 percent of the Federal funds available to the State through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (bb) 30 percent of funds from State sources allocated to the operation of the program described in item (aa). (II) Effect Any State that uses State funds allocated to the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (ii) Workforce Investment Act funding Notwithstanding any other provision of law, in fiscal year 2014 and each subsequent fiscal year, a State that receives Federal funds under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. . (j) Conforming amendments (1) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (A) in subsection (a), in the second sentence, by striking , 6(d)(2), (B) in subsection (d)(14), by striking section 6(d)(4)(I) section 29 (C) in subsection (e)(3)(B)(ii), by striking subsection (d)(3) section 29 (D) in the first sentence of subsection (g)(3), by striking section 6(d) section 29 (2) Section 7(i)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by striking section 6(o)(2) section 6(o) (3) Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) (A) by striking paragraph (19); and (B) by redesignating paragraphs (20) through (23) as paragraphs (19) through (22), respectively. (4) Section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 (A) in subsection (b)(4), by striking section 6(d) section 29 (B) by striking subsection (h). (5) Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 (A) in subsection (b)— (i) in paragraph (1)(B)(iv)(III)— (I) by striking item (bb); and (II) by redesignating items (cc) through (jj) as items (bb) through (ii), respectively; (ii) in paragraph (2), by striking the second sentence; and (iii) in paragraph (3)(B), in the first sentence, by striking section 6(d) section 29, (B) by striking subsection (g). (6) Section 20 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2029 (A) in subsection (b)— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively; (B) by striking subsection (f); and (C) by redesignating subsection (g) as subsection (f). (7) Section 22(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b) (8) Section 26(f)(3)(E) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(f)(3)(E) (22), and (23) (21), and (22) (9) Section 501(b)(2)(E) of the Workforce Investment Act of 1998 ( 20 U.S.C. 9271(b)(2)(E) section 6(d) section 29 of the Food and Nutrition Act of 2008. (10) Section 112(b)(8)(A)(iii) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(8)(A)(iii)) is amended by striking section 6(d)(4) (7 U.S.C. 2015(d)(4)) section 29 of the Food and Nutrition Act of 2008 (11) Section 121(b)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(2)(B)(ii)) is amended by striking section 6(d)(4) section 29 of the Food and Nutrition Act of 2008; 102. Termination of benefit increase Section 101(a)(2) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 120; 124 Stat. 2394; 124 Stat. 3265) is amended by striking paragraph (2) and inserting the following: (2) Termination The authority provided by this subsection shall terminate on the date of enactment of the Welfare Reform and Upward Mobility Act . II Reporting of means-tested welfare spending in President’s budget submission 201. Additional information in President’s budget submission Section 1105(a) (1) by redesignating the second paragraph designated as paragraph (37), relating to outdated or duplicative plans and reports, as added by section 11 of the GPRA Modernization Act of 2010 ( Public Law 111–352 (2) by adding at the end the following: (40) the total level of means-tested welfare spending (as defined in section 3 of the Congressional Budget Act of 1974 ( 2 U.S.C. 622 . III Aggregate cap for means-tested welfare spending 301. Definition of means-tested welfare spending Section 3 of the Congressional Budget Act of 1974 ( 2 U.S.C. 622 (12) (A) The term means-tested welfare spending (i) means spending for any Federal program that is designed to specifically provide assistance or benefits exclusively to low-income Americans; (ii) does not include such a program if the program— (I) is based on earned eligibility; (II) is not need-based; (III) is a program designed exclusively or primarily for veterans of military service; or (IV) offers universal or near universal eligibility to the working population and their dependents; and (iii) includes community and economic development programs targeted to low-income communities or populations. (B) For purposes of subparagraph (A), the spending on following Federal programs shall be means-tested welfare spending: (i) Cash and general programs (I) Supplemental Security Income. (II) Earned Income Tax Credit (Refundable Portion). (III) Refundable Child Credit. (IV) Temporary Assistance to Needy Families. (V) Title IV–E Foster Care. (VI) Title IV–E Adoption Assistance. (VII) General Assistance to Indians. (VIII) Assets for Independence. (ii) Medical (I) Medicaid. (II) State Children’s Health Insurance Program. (III) Indian Health Services. (IV) Consolidated Health Centers/Community Health Centers. (V) Maternal and Child Health. (VI) Healthy Start. (VII) Refundable Premiums and Out of Pocket Subsidies under the Patient Protection and Affordable Health Care Act (PPACA). (iii) Food (I) Food Stamps Program. (II) School Lunch Program. (III) Women, Infant and Children (WIC) Food Program. (IV) School Breakfast. (V) Child Care Food Program. (VI) Nutrition Program for the Elderly, Nutrition Service Incentives. (VII) Summer Food Service Program. (VIII) Commodity Supplemental Food Program. (IX) Temporary Emergency Food Program. (X) Needy Families. (XI) Farmer’s Market Nutrition Program. (XII) Special Milk Program. (iv) Housing (I) Section 8 Housing (HUD). (II) Public Housing (HUD). (III) State Housing Expenditures. (IV) Home Investment Partnership Program (HUD). (V) Homeless Assistance Grants (HUD). (VI) Rural Housing Insurance Fund (Agriculture). (VII) Rural Housing Service (Agriculture). (VIII) Housing for the Elderly (HUD). (IX) Native American Housing Block Grants (HUD). (X) Other Assisted Housing Programs (HUD). (XI) Housing for Persons with Disabilities (HUD). (v) Energy and Utilities (I) Low-Income Home Energy Assistance. (II) Universal Service Fund—Subsidized Phone Service for Low-Income Persons. (III) Weatherization. (vi) Education (I) Pell Grants. (II) Title I Grants to Local Education Authorities. (III) Special Programs for Disadvantaged (TRIO). (IV) Supplemental Education Opportunity Grants. (V) Migrant Education. (VI) Gear-Up. (VII) Education for Homeless Children and Youth. (VIII) Leveraging Educational Assistance Partnership (LEAP) Program. (IX) Even Start. (vii) Training (I) Job Corps. (II) Youth Opportunity Grants (under the Workforce Investment Act). (III) Adult Employment and Training (under the Workforce Investment Act). (IV) Senior Community Service Employment. (V) Food Stamp Employment and Training Program. (VI) Migrant Training. (VII) YouthBuild. (VIII) Native American Training. (viii) Services (I) Title XX Social Services Block Grant. (II) Community Service Block Grant. (III) Social Services for Refugees, Asylees, and Humanitarian Cases. (IV) Title III Aging Americans Act. (V) Legal Services Block Grant. (VI) Family Planning. (VII) Emergency Food and Shelter. (VIII) Healthy Marriage and Responsible Fatherhood Grants. (IX) Americorps VISTA. (ix) Child Care and Child Development (I) Headstart. (II) Childcare and Child Development Block Grant. (III) Child Care Block Grant (under Temporary Assistance to Needy Families Program). (x) Community Development (I) Community Development Block Grant. (II) Economic Development Administration. (III) Appalachian Regional Development. (IV) Empowerment Zones, Enterprise Communities, Renewal Communities. (V) Urban Development Block Grant. (C) For purposes of subparagraph (A), spending on following Federal programs shall not be means-tested welfare spending: (i) The Social Security Disability Insurance program. (ii) Medicare. (iii) Retirement insurance benefits and survivor benefits under the Social Security program. (iv) Any program designed exclusively or primarily for veterans of military service. (v) Unemployment insurance benefits. (vi) Programs designed specifically to provide benefits to workers to compensate for job-related injuries or illnesses. (D) The term means-tested welfare spending (E) (i) (I) For purposes of this paragraph, only the refundable portion of the following tax credits shall be means-tested welfare spending: (aa) The earned income tax credit. (bb) The child tax credit. (cc) The making work pay tax credit. (II) For purposes of this paragraph, only the refundable portion of the premium and out of pocket health care subsidies to be paid under the Patient Protection and Affordable Health Care Act shall be means-tested welfare spending. (III) For purposes of this clause, the term refundable portion (ii) For purposes of this paragraph, only the costs of the free and reduced price segments of the school lunch and school breakfast programs shall be means-tested welfare spending. (F) For purposes of this paragraph expenditures by State and local governments of funds that are— (i) obtained by the State and local government from taxes, fees, or other sources of revenue established by the State or local government; and (ii) are not received as any form of grant from the Federal Government, shall not be Federal means-tested welfare spending, without regard to whether such State and local expenditures take the form of contributions to a Federal program described in subparagraph (A) or listed in subparagraph (B). . 302. Reports to budget committees Section 202(e)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(e)(1) (1) by inserting (A) (1) (2) by adding at the end the following: (B) (i) The Director shall include in each report submitted to the Committees on the Budget of the House of Representatives and the Senate under subparagraph (A) the information described in clause (ii) beginning on the earlier of— (I) the first fiscal year that begins after the date of enactment of this subparagraph and after any monthly rate of unemployment during the immediately preceding fiscal year is below 6 percent; or (II) fiscal year 2016. (ii) The Director shall include the following information for the fiscal year commencing on October 1 of the year in which the report is submitted and for each of the ensuing 4 fiscal years: (I) The Congressional Budget Office baseline level of means-tested welfare spending. (II) The aggregate level of means-tested welfare spending computed by taking the aggregate level of means-tested welfare spending for fiscal year 2007 and adjusting that for inflation according to the procedures specified in clause (iii). (iii) In preparing the information required to be included under this subparagraph— (I) means-tested welfare spending relating to medical assistance programs shall be adjusted for inflation according to the price index for personal consumption expenditures for health products and services as calculated by the Bureau of Economic Analysis; and (II) all other means-tested welfare spending shall be adjusted for inflation according to the weighted price index for personal consumption expenditures excluding health products and services as calculated by the Bureau of Economic Analysis. . 303. Content of concurrent resolutions on the budget Section 301 of the Congressional Budget Act of 1974 ( 2 U.S.C. 632 (j) Means-Tested welfare spending (1) In general The concurrent resolution on the budget for a fiscal year shall set forth the appropriate level for aggregate means-tested welfare spending for the first fiscal year of that concurrent resolution and for at least each of the 4 ensuing fiscal years beginning on the earlier of— (A) the first fiscal year that begins after the date of enactment of this subsection and after any monthly rate of unemployment during the immediately preceding fiscal year is below 6 percent; or (B) fiscal year 2016. (2) Setting level The level described in paragraph (1) shall not exceed— (A) in fiscal year 2016, $825,000,000,000; (B) in fiscal year 2017, $750,000,000,000; and (C) in fiscal year 2018 and subsequent fiscal years, the aggregate level of Federal means-tested welfare spending for fiscal year 2007, adjusted for inflation as follows: (i) Means-tested welfare spending relating to medical assistance programs shall be adjusted for inflation according to the price index for personal consumption expenditures for health products and services as calculated by the Bureau of Economic Analysis. (ii) All other means-tested welfare spending shall be adjusted for inflation according to the weighted price index for personal consumption expenditures excluding health products and services as calculated by the Bureau of Economic Analysis. . 304. Allocations of means-tested welfare spending (a) In general Section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 (h) Means-Tested welfare spending limit (1) Further division of amounts For any concurrent resolution on the budget in which levels for aggregate means-tested welfare spending are set forth under section 301(j), in the House of Representatives and the Senate, the amounts allocated under subsection (a) shall be further divided to establish an allocation of— (A) total new budget authority and total outlays for discretionary means-tested welfare spending in appropriation measures for the first fiscal year of that concurrent resolution; and (B) total new budget authority and total outlays for mandatory means-tested welfare spending for the first fiscal year of that concurrent resolution and at least each of the ensuing 4 fiscal years to all other committees of the House of Representatives and the Senate that have jurisdiction over legislation providing mandatory means-tested welfare spending. (2) Point of order (A) In general Except as provided in subparagraph (B), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or amendment between the Houses if— (i) the enactment of such bill or resolution as reported; (ii) the adoption and enactment of such amendment; (iii) the enactment of such bill or resolution in the form recommended in such conference report; or (iv) the enactment of such amendment between the Houses, would cause the applicable allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) for a fiscal year to be exceeded. (B) Exception The limits on the allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) shall not be in effect for a fiscal year if the average monthly unemployment rate in the preceding fiscal year exceeded 7.5 percent. . (b) Conforming amendment Section 302(b) of the Congressional Budget Act of 1974 is amended by striking under subsection (a) under subsections (a) and (h) 305. Reconciliation Section 310(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 641(a) (1) in paragraph (3), by striking or (2) by redesignating paragraph (4) as paragraph (5); (3) by inserting after paragraph (3) the following: (4) specify the total amount by which new budget authority for such fiscal year for mandatory means-tested welfare spending contained in laws, bills, and resolutions within the jurisdiction of a committee is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount, which amount shall be the amount by which the Congressional Budget Office baseline level of spending for aggregate mandatory means-tested welfare programs exceeds the allocation made pursuant to section 302(h)(1)(B) for such fiscal year; and ; and (4) in paragraph (5), as so redesignated, by striking and (3) (3), and (4) IV Grants to promote self-sufficiency 401. Grants to States (a) Purpose The purpose of this title is to encourage States to develop policies to promote self-sufficiency and prosperity and to reduce poverty and Government dependence. (b) Grants The Social Security Act is amended by adding at the end the following: XXII Grants to States to Promote Self-Sufficiency and Prosperity and to Reduce Dependence 2201. Grants to States (a) In general The Secretary may provide grants to States to reward reductions in poverty and Government dependence and increases in self-sufficiency. (b) Allocation of grants to states For each fiscal year for which funds are made available under subsection (e), the Secretary shall make a grant in an amount equal to $100,000,000 to each of the 3 States with the greatest percentage increases in the self-sufficiency ratio of the State for the preceding fiscal year over the self-sufficiency ratio of the State for fiscal year 2007, as compared with the changes in that ratio for each other State, subject to subsection (c). (c) Limitation on eligibility for grants A State shall not be eligible for a grant under this title for a fiscal year unless the self-sufficiency ratio of the State for the fiscal year is greater than the self-sufficiency ratio of the State for fiscal year 2007. (d) Definitions In this title: (1) The term self-sufficient family (2) The term self-sufficiency ratio (A) the number of self-sufficient families residing in the State during the fiscal year that are headed by able-bodied individuals who have not attained 63 years of age; divided by (B) the total number of families residing in the State during the fiscal year that are headed by able-bodied individuals who have not attained 63 years of age. (3) The term State (e) Limitations on authorization of appropriations For grants under this title, there are authorized to be appropriated to the Secretary $300,000,000 for fiscal year 2016 and each succeeding fiscal year. . V Prohibition on funding of abortion 501. Prohibition on funding for abortions No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. 502. Prohibition on funding for health benefits plans that cover abortion None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. 503. Prohibition on tax benefits relating to abortion For taxable years beginning after the date of the enactment of this section, no credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion. 504. Construction relating to separate coverage Nothing in this title shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. 505. Construction relating to the use of non-Federal funds for health coverage Nothing in this title shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. 506. Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in this title shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.

Welfare Reform and Upward Mobility Act

California Emergency Drought Relief Act of 2014 - Requires the Administrator of the Environmental Protection Agency (EPA), the Secretary of Commerce, and the Secretary of the Interior (Secretaries), in response to the declaration of a state of drought emergency in California, to provide the maximum quantity of water supplies possible to Central Valley Project (CVP) and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in California by approving, consistent with applicable laws: (1) any project or operations to provide additional water supplies if there is any possible way the Secretaries can do so, unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. Sets forth actions to be taken to increase water supply, including: (1) ensuring that the Delta Cross Channel Gates remain open to the greatest extent possible, (2) requiring the Director of the National Marine Fisheries Service to recommend revisions to operations of the CVP and the California State Water Project, (3) adopt a 1:1 inflow to export ratio for the increased flow of the San Joaquin River, (4) require the Director and the Commissioner of the Bureau of Reclamation to complete all requirements under the National Environmental Policy Act of 1969 (NEPA) and the Endangered Species Act of 1973 necessary to make final permit decisions on water transfer requests, and (5) make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects on a priority and expedited basis. Authorizes financial assistance under the Reclamation States Emergency Drought Relief Act of 1991 for projects to increase water supply. Requires federal agency heads to consult with the Council on Environmental Quality to develop alternative arrangements to comply with NEPA. Directs the EPA to prioritize projects under state water pollution control revolving funds to provide water to areas at risk of having an inadequate supply of water for public health and safety purposes. Requires the Commissioner of Reclamation to provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types, upon request, to CVP or Klamath Project contractors or other reclamation project contractors in California, including contractors who possess contracts for refuge water supplies or who deliver refuge water supplies. Reauthorizes: (1) the Calfed Bay-Delta Act, (2) the Reclamation States Emergency Drought Relief Act of 1991, and (3) the Secure Water Act. Amends the Klamath Basin Water Supply Enhancement Act of 2000 to authorize the Secretary of the Interior to take actions to reduce water consumption or demand or to restore ecosystems in the Klamath Basin watershed, including tribal fishery resources held in trust. Directs the Secretary of the Treasury to transfer to the Secretary of Agriculture emergency supplemental appropriations to provide: (1) drought assistance to agricultural producers and for mitigation activities related to drought and wildfire hazards, (2) emergency community water assistance grants to address impacts of drought, and (3) grants to assist low-income migrant and seasonal farm workers affected by drought and for forest restoration. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to expand federal emergency assistance to provide for disaster unemployment, emergency nutrition, and crisis counseling assistance. Designates this Act as an emergency requirement for budgetary purposes.

113 S2016 IS: California Emergency Drought Relief Act of 2014 U.S. Senate 2014-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2016 IN THE SENATE OF THE UNITED STATES February 11, 2014 Mrs. Feinstein Mrs. Boxer Mr. Wyden Mr. Merkley Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency to take actions to provide additional water supplies and disaster assistance to the State of California due to drought, and for other purposes. 1. Short title This Act may be cited as the California Emergency Drought Relief Act of 2014 2. Table of contents The table of contents of this Act are as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—California emergency drought relief Sec. 101. Findings. Sec. 102. Definitions. Sec. 103. Emergency projects. Sec. 104. Emergency funding. Sec. 105. Emergency environmental reviews. Sec. 106. State revolving funds. Sec. 107. Drought planning assistance. Sec. 108. Calfed Bay-Delta Act reauthorization. Sec. 109. Reclamation States Emergency Drought Relief Act reauthorization. Sec. 110. Secure Water Act reauthorization. Sec. 111. Effect on State laws. Sec. 112. Klamath Basin water supply. Sec. 113. Termination of authorities. TITLE II—Emergency supplemental agriculture disaster appropriations Sec. 201. Emergency supplemental agriculture disaster appropriations. TITLE III—Federal disaster assistance Sec. 301. Treatment of drought under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. TITLE IV—Emergency designations Sec. 401. Emergency designations. I California emergency drought relief 101. Findings Congress finds that— (1) as established in the Proclamation of a State of Emergency issued by the Governor of the State on January 17, 2014, the State is experiencing record dry conditions; (2) extremely dry conditions have persisted in the State since 2012, and the current drought conditions are likely to persist into the future; (3) the water supplies of the State are at record-low levels, as indicated by a statewide average snowpack of 12 percent of the normal average for winter as of February 1, 2014, and the fact that all major Central Valley Project reservoir levels are below 50 percent of the capacity of the reservoirs as of the date of enactment of this Act; (4) the 2013–2014 drought constitutes a serious emergency posing immediate and severe risks to human life and safety and to the environment throughout the State; (5) the emergency requires— (A) immediate and credible action that respects the complexity of the State of California’s water system and its importance to the entire State; and (B) policies that do not pit stakeholders against one another, which history has shown only leads to costly litigation that benefits no one and prevents any real solutions; (6) Federal law (including regulations) directly authorizes expedited decisionmaking procedures and environmental and public review procedures to enable timely and appropriate implementation of actions to respond to such a type and severity of emergency; and (7) the serious emergency posed by the 2013–2014 drought in the State fully satisfies the conditions necessary for the exercise of emergency decisionmaking, analytical, and public review requirements under— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) water control management procedures of the Corps of Engineers described in section 222.5 of title 33, Code of Federal Regulations (including successor regulations); and (D) the Reclamation States Emergency Drought Relief Act of 1991 ( Public Law 102–250 102. Definitions In this title: (1) Central valley project The term Central Valley Project (2) Klamath Project The term Klamath Project (A) as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093); and (B) as described in— (i) title II of the Oregon Resource Conservation Act of 1996 ( Public Law 104–208 (ii) the Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 (3) Reclamation project The term Reclamation Project (4) Reserved works The term reserved works (5) Secretaries The term Secretaries (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce; and (C) the Secretary of the Interior. (6) State The term State (7) State water project The term State Water Project 103. Emergency projects (a) In general In response to the declaration of a state of drought emergency by the Governor of the State, the Secretaries shall provide the maximum quantity of water supplies possible to Central Valley Project and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in the State, by approving, consistent with applicable laws (including regulations)— (1) any project or operations to provide additional water supplies if there is any possible way whatsoever that the Secretaries can do so unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. (b) Mandate In carrying out subsection (a), the applicable agency heads described in that subsection shall, consistent with applicable laws (including regulations)— (1) authorize and implement actions to ensure that the Delta Cross Channel Gates shall remain open to the greatest extent possible, timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the State's drought emergency declaration, consistent with operational criteria and monitoring criteria developed pursuant to the California State Water Resources Control Board’s Order Approving a Temporary Urgency Change in License and Permit Terms in Response to Drought Conditions, effective January 31, 2014, or a successor order; (2) (A) collect data associated with the operation of the Delta Cross Channel Gates described in paragraph (1) and its impact on species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) after assessing the data described in subparagraph (A), require the Director of the National Marine Fisheries Service to recommend revisions to operations of the Central Valley Project and the California State Water Project, including, if appropriate, the reasonable and prudent alternatives contained in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, that are likely to produce fishery, water quality, and water supply benefits; (3) (A) implement turbidity control strategies that allow for increased water deliveries while avoiding jeopardy to adult delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants; and (B) manage reverse flow in Old and Middle Rivers as prescribed by the biological opinion issued by the United States Fish and Wildlife Service and dated December 15, 2008, to minimize water supply reductions for the Central Valley Project and the State Water Project; (4) adopt a 1:1 inflow to export ratio for the increased flow of the San Joaquin River, as measured as a 3-day running average at Vernalis during the period from April 1 through May 31, resulting from voluntary transfers and exchanges of water supplies, among other purposes; (5) issue all necessary permit decisions under the authority of the Secretaries within 30 days of receiving a completed application by the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for State Water Project and Central Valley Project South of Delta water contractors and other water users, which barriers or gates should provide benefits for species protection and in-Delta water user water quality and shall be designed such that formal consultations under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (6) (A) require the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation to complete all requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. (B) require the Director of the United States Fish and Wildlife Service to allow any water transfer request associated with fallowing to maximize the quantity of water supplies available for nonhabitat uses as long as the fallowing and associated water transfer are in compliance with applicable Federal laws (including regulations); (7) allow North of Delta water service contractors with unused 2013 Central Valley Project contract supplies to take delivery of those unused supplies through April 15, 2014, if— (A) the contractor requests the extension; and (B) the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet water delivery obligations; (8) maintain all rescheduled water supplies held in the San Luis Reservoir and Millerton Reservoir for all water users for delivery in the immediately following contract water year unless precluded by reservoir storage capacity limitations; (9) to the maximum extent possible based on the availability of water and without causing land subsidence— (A) meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of wells to use groundwater resources and the purchase of water from willing sellers, which activities may be accomplished by using funding made available under section 104 or the Water Assistance Program or the WaterSMART program of the Department of the Interior; and (B) make a quantity of Central Valley Project surface water obtained from the measures implemented under subparagraph (A) available to Central Valley Project contractors; (10) make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects within the State on a priority and expedited basis— (A) to provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet minimum public health and safety needs; (B) to prevent the loss of permanent crops; (C) to minimize economic losses resulting from drought conditions; and (D) to provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits; (11) implement offsite upstream projects in the Delta and upstream Sacramento River and San Joaquin basins, in coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, that offset the effects on species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (12) for reserved works only, authorize annual operation and maintenance deficits, owed to the Federal Government and incurred due to delivery of contract water supplies to a Central Valley Project or Klamath Project water contractor during each fiscal year the State emergency drought declaration is in force, to accrue without interest for a period of 5 years and then to be repaid, notwithstanding section 106 of Public Law 99–546 (A) the project interest rate; and (B) the rate specified in section 106 of Public Law 99–546 (13) use all available scientific tools to identify and implement any changes to real-time operations of Bureau of Reclamation, State, and local water projects that could result in the availability of additional water supplies. (c) Other agencies To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies. (d) Accelerated project decision and elevation (1) In general Upon the request of the State, the heads of Federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a Federal project or operation to provide additional water supplies or address emergency drought conditions pursuant to subsections (a) and (b). (2) Request for resolution (A) In general Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. (B) Meeting The Secretary of the Interior shall convene a meeting requested under subparagraph (A) not later than 7 days after receiving the meeting request. (3) Notification Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) Decision Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project. (5) Meeting convened by Secretary The Secretary may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2). 104. Emergency funding (a) Financial assistance (1) In general Financial assistance may be made available under the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2201 et seq. Secure Water Act of 2009 (2) Additional availability Financial assistance may be made available under this section to organizations and entities, including tribal governments, that are engaged in collaborative processes to restore the environment while settling water rights claims that are part of an active water rights adjudication or a broader settlement of claims that are part of a basin-wide solution for restoration. (b) Types of assistance Assistance under subsection (a) shall include a range of projects, including— (1) the installation of pumps, temporary barriers, or operable gates for water diversion and fish protection; (2) the installation of groundwater wells in wildlife refuges and other areas; (3) the purchase or assistance in the purchase of water from willing sellers; (4) conservation projects providing water supply benefits in the short-term; (5) exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years; (6) maintenance of cover crops to prevent public health impacts from severe dust storms; (7) emergency pumping projects for critical health and safety purposes; (8) activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims; (9) the use of new or innovative water on-farm water conservation technologies or methods that may assist in sustaining permanent crops in areas with severe water shortages; (10) technical assistance to improve existing irrigation practices to provide water supply benefits in the short-term; and (11) any other assistance the Secretary determines to be necessary to increase available water supplies or mitigate drought impacts. (c) Funding There is appropriated, out of funds of the Treasury not otherwise appropriated, $100,000,000 to the Secretary of the Interior and the Secretary of Commerce to carry out this section. 105. Emergency environmental reviews To minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions in the State, the head of each applicable Federal agency shall, in carrying out this Act, consult with the Council on Environmental Quality in accordance with section 1506.11 42 U.S.C. 4321 et seq. 106. State revolving funds The Administrator of the Environmental Protection Agency, in allocating amounts for each of the fiscal years during which the State's emergency drought declaration is in force to State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. 42 U.S.C. 300j–12 33 U.S.C. 1383 42 U.S.C. 300j–12(a)(2) (1) require the State to review and prioritize funding for such projects; (2) issue a determination of waivers within 30 days of the conclusion of the informal public comment period pursuant to section 436(c) of title IV of division G of Public Law 113–76; and (3) authorize, at the request of the State, 40-year financing for assistance under section 603(d)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(d)(2) 42 U.S.C. 300j–12(f)(2) 107. Drought planning assistance (a) In general Upon the request of Central Valley Project or Klamath Project contractors or other Reclamation Project contractors in the State, the Secretary of the Interior, acting through the Commissioner of Reclamation, shall provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types to those Central Valley Project or Klamath Project contractors or other Reclamation Project contractors making those requests, including contractors who possess contracts for refuge water supplies or deliver refuge water supplies. (b) Types of assistance Assistance under subsection (a) shall include— (1) hydrological forecasting; (2) assessment of water supply sources under different water year classification types; (3) identification of alternative water supply sources; (4) guidance on potential water transfer partners; (5) technical assistance regarding Federal and State permits and contracts under the Act of February 21, 1911 (36 Stat. 925, chapter 141) (commonly known as the Warren Act (6) technical assistance regarding emergency provision of water supplies for critical health and safety purposes; (7) activities carried out in conjunction with the National Oceanic and Atmospheric Administration, the National Integrated Drought Information System, and the State partners of the National Integrated Drought Information System under the National Integrated Drought Information System Act of 2006 (15 U.S.C. 313d)— (A) to collect and integrate key indicators of drought severity and impacts; and (B) to produce and communicate timely monitoring and forecast information to local and regional communities, including the San Joaquin Valley, the Delta, and the Central Coast; and (8) any other assistance the Secretary determines to be necessary. 108. Calfed Bay-Delta Act reauthorization Title I of the Water Supply, Reliability, and Environmental Improvement Act (118 Stat. 1681; 123 Stat. 2860) (as amended by section 207 of title II of division D of the Consolidated Appropriations Act, 2014) is amended by striking 2015 2018 109. Reclamation States Emergency Drought Relief Act reauthorization Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 (1) by striking $90,000,000 $190,000,000 (2) by striking 2012 2017 110. Secure Water Act reauthorization Section 9504 of Public Law 111–11 42 U.S.C. 10364 (1) in subsection (a)(3)(E), by adding at the end the following: (v) Authority of Commissioner The Commissioner of Reclamation may, at the discretion of the Commissioner— (I) waive any cost-share requirements to address emergency situations; and (II) prioritize projects based on the ability of the projects to expeditiously yield water supply benefits during periods of drought. ; and (2) in subsection (e), by striking $200,000,000 $250,000,000 111. Effect on State laws Nothing in this Act preempts any State law in effect on the date of enactment of this Act, including area of origin and other water rights protections. 112. Klamath Basin water supply The Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: 4. Water management and planning activities The Secretary is authorized to engage in activities, including entering into agreements and contracts, or otherwise making financial assistance available, to reduce water consumption or demand, or to restore ecosystems in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with collaborative agreements for environmental restoration and settlements of water rights claims. . 113. Termination of authorities The authorities under sections 103, 104, 105, and 106 expire on the date on which the Governor of the State suspends the state of drought emergency declaration. II Emergency supplemental agriculture disaster appropriations 201. Emergency supplemental agriculture disaster appropriations (a) Funding (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture (referred to in this section as the Secretary (A) to provide to agricultural producers and other eligible entities affected by the 2014 drought assistance upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act 7 U.S.C. 1961(a) (B) to carry out any other activities the Secretary determines necessary as a result of the 2014 drought, such as activities relating to wildfire damage. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (b) Emergency assistance program for livestock, honey bees, and farm-Raised fish Notwithstanding any other applicable limitations under law, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to carry out the emergency assistance program for livestock, honey bees, and farm-raised fish under section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) for fiscal year 2014 to provide assistance to agricultural producers for losses due to drought. (c) FEMA predisaster hazard mitigation grants (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator of the Federal Emergency Management Agency $25,000,000 for fiscal year 2014 for mitigation activities related to drought and wildfire hazards. (2) Receipt and acceptance The Administrator of the Federal Emergency Management Agency shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (d) Emergency community water assistance grants (1) In general Notwithstanding any other provision of law— (A) as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 to provide emergency community water assistance grants under section 306A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926a (B) the maximum amount of a grant provided under subparagraph (A) for fiscal year 2014 shall be $1,000,000; and (C) for fiscal year 2014, a community whose population is less than 50,000 shall be eligible for a grant under this paragraph. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (e) Office of the Inspector General (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Inspector General of the Department of Agriculture $2,000,000 for fiscal year 2014, to remain available until expended, for oversight of activities carried out by the Department relating to drought. (2) Receipt and acceptance The Inspector General of the Department of Agriculture shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (f) Emergency grants To assist low-Income migrant and seasonal farmworkers (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 to provide emergency grants to assist low-income migrant and seasonal farmworkers under section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 42 U.S.C. 5177a 7 U.S.C. 1961(a) (2) Receipt and acceptance (g) Emergency forest restoration program (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 for the Emergency Forest Restoration Program under section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 7 U.S.C. 1961(a) (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. III Federal disaster assistance 301. Treatment of drought under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (a) Findings Congress finds that— (1) the term major disaster 42 U.S.C. 5122 (2) a major drought shall be eligible to be declared a major disaster or state of emergency by the President on the request of the Governor of any State; (3) droughts are natural disasters that do occur, and while of a different type of impact, the scale of the impact of a major drought can be equivalent to other disasters that have been declared by the President to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. (4) droughts have wide-ranging and long-term impacts on ecosystem health, agriculture production, permanent crops, forests, waterways, air quality, public health, wildlife, employment, communities, State and national parks, and other natural resources of a State and the people of that State that have significant value. (b) Amendment Section 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended— (1) in paragraph (7), by striking and (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (9) provide disaster unemployment assistance in accordance with section 410; (10) provide emergency nutrition assistance in accordance with section 412; and (11) provide crisis counseling assistance in accordance with section 416. . IV Emergency designations 401. Emergency designations (a) This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 2 U.S.C. 933(g) (b) In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

California Emergency Drought Relief Act of 2014

River Paddling Protection Act - Opens the rivers and streams of Yellowstone National Park and Grand Teton National Park in Wyoming to hand-propelled vessels. Declares specified regulations to have no force or effect with regard to the closing of rivers and streams of such Parks to such vessels. Requires the Fish and Wildlife Service to coordinate any recreational use of hand-propelled vessels on the Gros Ventre River within the National Elk Refuge in Wyoming with Grand Teton National Park to ensure that use is consistent with the requirements of the National Wildlife Refuge System Administration Act of 1966.

113 S2018 IS: River Paddling Protection Act U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2018 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Barrasso Committee on Energy and Natural Resources A BILL To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and the National Elk Refuge, and for other purposes. 1. Short title This Act may be cited as the River Paddling Protection Act 2. Regulations superseded (a) In general The rivers and streams of Yellowstone National Park and Grand Teton National Park shall be open to hand-propelled vessels as determined by the Director of the National Park Service within 3 years of the date of enactment of this Act. Beginning on the date that is 3 years after the date of enactment of this Act, the following regulations shall have no force or effect regarding closing rivers and streams of Yellowstone National Park and Grand Teton National Park to hand-propelled vessels: (1) Section 7.13(d)(4)(ii) (2) Section 7.22(e)(3) (b) Coordination of recreational use The Fish and Wildlife Service shall coordinate any recreational use of hand-propelled vessels on the Gros Ventre River within the National Elk Refuge with Grand Teton National Park to ensure such use is consistent with the requirements of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq.

River Paddling Protection Act

SECURE Water Amendments Act of 2014 - Amends the Omnibus Public Land Management Act of 2009 to: (1) include "planning for or addressing the impact of drought" among the activities for which the Secretary may make grants and enter cooperative agreements for water management improvement, (2) include Hawaii among the states in which eligible grant and agreement applicants may be located, (3) authorize appropriations for such grants and agreements, and (4) authorize appropriations for national water availability and use assessment program grants for FY2014-FY2018.

113 S2019 IS: SECURE Water Amendments Act of 2014 U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2019 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Schatz Mr. Heinrich Mr. Wyden Mr. Udall of New Mexico Ms. Hirono Mr. Udall of Colorado Committee on Energy and Natural Resources A BILL To reauthorize and update certain provisions of the Secure Water Act. 1. Short title This Act may be cited as the SECURE Water Amendments Act of 2014 2. Authorized activities; eligibility; authorization of appropriations (a) In general Section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 (1) in subsection (a)— (A) in paragraph (1)(H)— (i) in clause (i), by striking or (ii) in clause (ii), by striking the period and inserting ; or (iii) by adding at the end the following: (iii) to plan for or address the impacts of drought. ; and (B) in paragraph (2)(A)— (i) by striking ; and ; or (ii) by striking (A) be located within the States (A) be located in— (i) the States ; and (iii) by adding at the end the following: (ii) the State of Hawaii; and ; and (2) in subsection (e), by striking There is $200,000,000 There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2015 through 2023 3. Authorization of appropriations for national water availability and use assessment program Section 9508(e)(2) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10368(e)(2) $12,500,000 for the period of fiscal years 2009 through 2013 such sums as are necessary for the period of fiscal years 2014 through 2023

SECURE Water Amendments Act of 2014

Accountability Through Electronic Verification Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-Verify program permanent. Requires: (1) federal departments, agencies, contractors, and critical employers to participate in E-Verify; (2) all U.S. employers to participate in E-Verify within one year of enactment of this Act; and (3) employers using a contract, subcontract, or exchange to obtain labor to certify that they utilize E-Verify. Directs the Secretary of Homeland Security (DHS) to require the E-Verify participation of an employer or class of employers if the Secretary has reasonable cause to believe that the employer is or has been in material violation of the employment eligibility verification process under the Immigration and Nationality Act (INA). Treats an employer’s failure to use E-Verify as a violation of the INA requirement to verify employment eligibility and creates a reputable presumption that the employer knowingly hired, recruited, or referred an illegal alien. Increases civil and criminal penalties for specified hiring-related violations. Establishes a good faith civil penalty exemption/reduction for certain hiring-related violations. Authorizes the debarment from federal contract, grant, or cooperative agreement participation for employers who are convicted of specified hiring related crimes or who have repeatedly committed specified hiring-related violations. Prohibits state and local governments from prohibiting employers from using E-Verify to determine the employment eligibility of new hires or current employees. Authorizes the verification of individuals before they are hired, recruited, or referred if the individual so consents. Requires employers to: (1) use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified through E-Verify not later than three years after enactment of this Act, (2) reverify the work authorization of individuals not later than three days after the date on which their employment authorization is due to expire, and (3) terminate an employee following receipt of a final E-Verify nonconfirmation and submit to DHS information the Secretary determines would assist in enforcing or administering U.S. immigration laws. Requires: (1) U.S. Citizenship and Immigration Services (USCIS) to report weekly to Immigration and Customs Enforcement (ICE) regarding each person receiving a final E-Verify nonconfirmation; and (2) the Social Security Administration (SSA), DHS, and the Department of the Treasury (DOT) to establish an information sharing program. Provides for elimination of the Form I-9 process. Sets forth E-Verify design and operation requirements. Amends the federal criminal code to: (1) provide that illegal aliens possessing or otherwise using false identification information not their own can be punished for identity fraud, and (2) subject a person who uses false identity information in furtherance of harboring or hiring illegal aliens to a fine and/or penalty of up to 20 years in prison. Requires USCIS to establish a demonstration program to assist small businesses in rural areas or areas without Internet capabilities to verify employment eligibility through the use of publicly accessible Internet terminals.

114 S1032 IS: Accountability Through Electronic Verification Act U.S. Senate 2015-04-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1032 IN THE SENATE OF THE UNITED STATES April 21, 2015 Mr. Grassley Mr. Lee Mr. Vitter Mr. Enzi Mrs. Fischer Mr. Corker Mr. Cotton Mr. Inhofe Mr. Wicker Mrs. Capito Mr. Boozman Mr. Sessions Mr. Perdue Committee on the Judiciary A BILL To expand the use of E-Verify, to hold employers accountable, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Accountability Through Electronic Verification Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permanent reauthorization. Sec. 3. Mandatory use of E-Verify. Sec. 4. Consequences of failure to participate. Sec. 5. Preemption; liability. Sec. 6. Expanded use of E-Verify. Sec. 7. Reverification. Sec. 8. Holding employers accountable. Sec. 9. Information sharing. Sec. 10. Form I–9 Process. Sec. 11. Algorithm. Sec. 12. Identity theft. Sec. 13. Small Business Demonstration Program. 2. Permanent reauthorization Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 8 U.S.C. 1324a Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015. 3. Mandatory use of E-Verify (a) Federal Government Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (1) by amending subparagraph (A) to read as follows: (A) Executive departments and agencies Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ; and (2) in subparagraph (B), by striking , that conducts hiring in a State shall participate in E-Verify by complying with the terms and conditions set forth in this section. (b) Federal contractors; critical employers Section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by subsection (a), is further amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following: (2) United states contractors Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. (3) Designation of critical employers Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall— (A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; (B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and (C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation. . (c) All employers Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by this section, is further amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Mandatory participation in E-Verify (1) In general Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. (2) Use of contract labor Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer uses E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). (3) Interim mandatory participation (A) In general Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a (B) Notification Not later than 14 days before an employer or class of employers is required to begin participating in E-Verify pursuant to subparagraph (A), the Secretary shall provide such employer or class of employers with— (i) written notification of such requirement; and (ii) appropriate training materials to facilitate compliance with such requirement. . 4. Consequences of failure to participate (a) In general Section 402(e)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (5) Consequences of failure to participate If a person or other entity that is required to participate in E-Verify fails to comply with the requirements under this title with respect to an individual— (A) such failure shall be treated as a violation of section 274A(a)(1)(B) with respect to such individual; and (B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A). . (b) Penalties Section 274A of the Immigration and Nationality Act 8 U.S.C. 1324a (1) in subsection (e)— (A) in paragraph (4)— (i) in subparagraph (A), in the matter preceding clause (i), by inserting , subject to paragraph (10), in an amount (ii) in subparagraph (A)(i), by striking not less than $250 and not more than $2,000 not less than $2,500 and not more than $5,000 (iii) in subparagraph (A)(ii), by striking not less than $2,000 and not more than $5,000 not less than $5,000 and not more than $10,000 (iv) in subparagraph (A)(iii), by striking not less than $3,000 and not more than $10,000 not less than $10,000 and not more than $25,000 (v) by amending subparagraph (B) to read as follows: (B) may require the person or entity to take such other remedial action as is appropriate. ; (B) in paragraph (5)— (i) by inserting , subject to paragraphs (10) through (12), in an amount (ii) by striking $100 $1,000 (iii) by striking $1,000 $25,000 (iv) by striking the size of the business of the employer being charged, the good faith of the employer the good faith of the employer being charged (v) by adding at the end the following: Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A). (C) by adding at the end the following: (10) Exemption from penalty In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of paragraph (1)(A) or (2) of subsection (a) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. (11) Authority to debar employers for certain violations (A) In general If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. (B) Does not have contract, grant, agreement If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such an person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. (C) Has contract, grant, agreement If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary or Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or Attorney General may waive the operation of this paragraph or refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. (D) Review Any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. ; and (2) in subsection (f)— (A) by amending paragraph (1) to read as follows: (1) Criminal penalty Any person or entity which engages in a pattern or practice of violations of subsection (a)(1) or (2) shall be fined not more than $15,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than 1 year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels. ; and (B) in paragraph (2), by striking Attorney General Secretary of Homeland Security 5. Preemption; liability Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (h) Limitation on State authority (1) Preemption A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E-Verify. (2) Liability A person or other entity that participates in E-Verify may not be held liable under any Federal, State, or local law for any employment-related action taken with respect to the wrongful termination of an individual in good faith reliance on information provided through E-Verify. . 6. Expanded use of E-Verify Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (A) In general (i) Before hiring The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. If an employer receives a tentative nonconfirmation for an individual, the employer shall comply with procedures prescribed by the Secretary, including— (I) providing the individual employees with private, written notification of the finding and written referral instructions; (II) allowing the individual to contest the finding; and (III) not taking adverse action against the individual if the individual chooses to contest the finding. (ii) After employment offer The person or other entity shall verify the employment eligibility of an individual through E-Verify not later than 3 days after the date of the hiring, recruitment, or referral, as the case may be. (iii) Existing employees Not later than 3 years after the date of the enactment of the Accountability Through Electronic Verification Act . 7. Reverification Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (5) Reverification Each person or other entity participating in E-Verify shall use the E-Verify confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual's employment authorization is scheduled to expire (as indicated by the Secretary or the documents provided to the employer pursuant to section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) . 8. Holding employers accountable (a) Consequences of nonconfirmation Section 403(a)(4)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (C) Consequences of nonconfirmation (i) Termination and notification If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately— (I) terminate the employment, recruitment, or referral of the individual; and (II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. (ii) Consequence of continued employment If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a . (b) Interagency nonconfirmation report Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (c) Interagency nonconfirmation report (1) In general The Director of U.S. Citizenship and Immigration Services shall submit a weekly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each individual who receives final nonconfirmation through E-Verify— (A) the name of such individual; (B) his or her Social Security number or alien file number; (C) the name and contact information for his or her current employer; and (D) any other critical information that the Assistant Secretary determines to be appropriate. (2) Use of weekly report The Secretary of Homeland Security shall use information provided under paragraph (1) to enforce compliance of the United States immigration laws. . 9. Information sharing The Commissioner of Social Security, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter and any information in the earnings suspense file. 10. Form I–9 Process Not later than 9 months after date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to Congress that contains recommendations for— (1) modifying and simplifying the process by which employers are required to complete and retain a Form I–9 for each employee pursuant to section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a (2) eliminating the process described in paragraph (1). 11. Algorithm Section 404(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (d) Design and operation of system E-Verify shall be designed and operated— (1) to maximize its reliability and ease of use by employers; (2) to insulate and protect the privacy and security of the underlying information; (3) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; (4) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed; (5) to register any time when E-Verify is unable to receive inquiries; (6) to allow for auditing use of the system to detect fraud and identify theft; (7) to preserve the security of the information in all of the system by— (A) developing and using algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents; (B) developing and using algorithms to detect misuse of the system by employers and employees; (C) developing capabilities to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; and (D) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees; (8) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including— (A) records maintained by the Social Security Administration; (B) birth and death records maintained by vital statistics agencies of any State or other jurisdiction in the United States; (C) passport and visa records (including photographs) maintained by the Department of State; and (D) State driver's license or identity card information (including photographs) maintained by State department of motor vehicles; (9) to electronically confirm the issuance of the employment authorization or identity document; and (10) to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee or, in exceptional cases, if a photograph is not available from the issuer, to provide for a temporary alternative procedure, specified by the Secretary, for confirming the authenticity of the document. . 12. Identity theft Section 1028 of title 18, United States Code, is amended— (1) in subsection (a)(7), by striking of another person that is not his or her own (2) in subsection (b)(3)— (A) in subparagraph (B), by striking or (B) in subparagraph (C), by adding or (C) by adding at the end the following: (D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act ( 8 U.S.C. 1324 . 13. Small Business Demonstration Program Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Small Business Demonstration Program Not later than 9 months after the date of the enactment of the Accountability Through Electronic Verification Act .

Accountability Through Electronic Verification Act

Puerto Rico Status Resolution Act - Authorizes the State Elections Commission of Puerto Rico to provide for a ratification vote on the admission of Puerto Rico as a state of the United States on an equal footing with the several states in all respects. Requires, if a majority of votes cast in the ratification vote are for the admission of Puerto Rico as a state: (1) the President to submit to Congress legislation to admit Puerto Rico as a state; and (2) Congress to act, through legislation, to admit Puerto Rico as a state.

113 S2020 IS: Puerto Rico Status Resolution Act U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2020 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Heinrich Mr. Wyden Committee on Energy and Natural Resources A BILL To set forth the process for Puerto Rico to be admitted as a State of the Union. 1. Short title This Act may be cited as the Puerto Rico Status Resolution Act 2. Findings and purposes (a) Findings Congress finds that— (1) in 1898, Puerto Rico became a United States territory and persons born in Puerto Rico have been granted United States citizenship by law since March 2, 1917; (2) Puerto Rico has been granted authority over local matters that is similar to the authority that the several States possess, but Puerto Rico remains subject to the powers of Congress under the Territory Clause of the Constitution of the United States; (3) the approximately 3,700,000 residents of Puerto Rico do not have a democratic form of government at the national level, because— (A) United States citizens residing in the territory— (i) are disenfranchised in the election for the President and the Vice President; and (ii) are not represented in the United States Senate; and (B) the 1 representative of United States citizens residing in the territory in the House of Representatives can only vote in committees of the House of Representatives; (4) the Federal Government may, and often does, treat Puerto Rico and residents of Puerto Rico unequally under Federal program, tax, and other laws relative to the several States and the District of Columbia and residents; (5) (A) on November 6, 2012, the Government of Puerto Rico held a 2-part referendum; (B) the first question asked voters if Puerto Rico should continue to have its present form of territorial status (C) of the 1,798,987 voters who chose an option, 53.97 percent voted against continued territorial status; (6) (A) the second question asked voters to express their preference among the 3 possible alternatives to territorial status: statehood, independence, and nationhood in free association with the United States; and (B) of the 1,363,854 voters who chose an option, 61.16 percent voted for statehood; and (7) the number of votes cast in favor of statehood exceeded the number of votes cast in favor of continued territorial status. (b) Purposes The purposes of this Act are— (1) to provide for a federally authorized ratification vote in Puerto Rico on the admission of Puerto Rico into the Union as a State; and (2) if a majority of voters ratify the desire of Puerto Rico for statehood, to describe the steps that the President and Congress shall take to enable the admission of Puerto Rico as a State of the Union. 3. Ratification vote The State Elections Commission of Puerto Rico is authorized to provide for a ratification vote on the admission of Puerto Rico into the Union as a State, in accordance with rules and regulations determined by the Commission, including qualifications for voter eligibility, with the following on the ballot: As a State: (A) Puerto Rico would be permanently united to the other States of the Union. (B) All provisions of the Constitution of the United States that apply to the States would apply to Puerto Rico. (C) Individuals born in Puerto Rico would be United States citizens by virtue of the Constitution of the United States, instead of by virtue of laws of the United States. (D) Puerto Rico would be treated equally with the other States in all Federal laws of general application. (E) There would be a period of transition to statehood, during which equal treatment of Puerto Rico in program and tax laws would be phased in. (F) Puerto Rico would be represented— (i) in the Senate by 2 Senators; (ii) in the House of Representatives by a number of Representatives in proportion to its share of the national population (and the number of Members of the House of Representatives would be increased by the same number); and (iii) for the election of the President and the Vice President by a number of votes in the Electoral College equal to the number of its Senators and Representatives. (G) The Government of Puerto Rico, like the governments of the other States, would have permanent authority over all matters not delegated to the Federal Government or the people by the Constitution of the United States. Do you want Puerto Rico to be admitted as a State of the United States? Yes__ No__ . 4. Implementation (a) Presidential action If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, the President, not later than 180 days after the certification of the vote, shall submit to Congress legislation to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act. (b) Legislative action If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, this Act constitutes a commitment by Congress to act, through legislation, to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act.

Puerto Rico Status Resolution Act

Biodiesel Tax Incentive Reform and Extension Act of 2014 - Amends the Internal Revenue Code to revise the income and excise tax credits for biodiesel used as fuel to: (1) allow a $1.00 tax credit for each gallon of biodiesel produced, (2) provide for an increased income tax credit for small biodiesel producers, (3) revise the definitions of "biodiesel" and "small biodiesel producer," (4) treat renewable diesel in the same manner as biodiesel for income tax purposes, and (5) treat biodiesel as a taxable fuel for excise tax purposes. Extends the biodiesel income and excise tax credits through December 31, 2017.

113 S2021 IS: Biodiesel Tax Incentive Reform and Extension Act of 2014 U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2021 IN THE SENATE OF THE UNITED STATES February 12, 2014 Ms. Cantwell Mr. Grassley Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the incentives for the production of biodiesel. 1. Short title This Act may be cited as the Biodiesel Tax Incentive Reform and Extension Act of 2014 2. Reform of biodiesel income tax incentives (a) In general Section 40A of the Internal Revenue Code of 1986 is amended to read as follows: 40A. Biodiesel production (a) In general For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer which during the taxable year— (1) is sold by such producer to another person— (A) for use by such other person’s trade or business (other than casual off-farm production), (B) for use by such other person as a fuel in a trade or business, or (C) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or (2) is used or sold by such producer for any purpose described in paragraph (1). (b) Increased credit for small producers (1) In general In the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents. (2) Limitation Paragraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year. (c) Coordination with credit against excise tax The amount of the credit determined under this section with respect to any biodiesel shall be reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 6426 or 6427(e). (d) Definitions and special rules For purposes of this section— (1) Biodiesel The term biodiesel (A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 (B) the requirements of the American Society for Testing and Materials D6751. Such term shall not include any liquid with respect to which a credit may be determined under section 40. (2) Biodiesel not used for a qualified purpose If— (A) any credit was determined with respect to any biodiesel under this section, and (B) any person does not use such biodiesel for the purpose described in subsection (a), then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (a) and the number of gallons of such biodiesel. (3) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (4) Limitation to biodiesel produced in the United States No credit shall be determined under this section with respect to any biodiesel unless such biodiesel is produced in the United States from raw feedstock. For purposes of this paragraph, the term United States (5) Biodiesel transfers from an IRS registered biodiesel production facility to an IRS registered terminal or refinery The credit allowed under subsection (a) shall be allowed to the terminal or refinery referred to in section 4081(a)(1)(B)(i) in instances where section 4081(a)(1)(B)(iii) is applicable. The credit allowed under subsection (a) cannot be claimed by a terminal or refinery on fuel upon which the credit was previously claimed by a biodiesel producer. (e) Definitions and special rules for small biodiesel producers (1) Eligible small biodiesel producer The term eligible small biodiesel producer (2) Aggregation rule For purposes of the 15,000,000 gallon limitation under subsection (b)(2) and the 60,000,000 gallon limitation under paragraph (1), 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. (3) Partnership, s corporation, and other pass-thru entities In the case of a partnership, trust, S corporation, or other pass-thru entity, the limitations contained in subsection (b)(2) and paragraph (1) shall be applied at the entity level and at the partner or similar level. (4) Allocation For purposes of this subsection, in the case of a facility in which more than 1 person has an interest, productive capacity shall be allocated among such persons in such manner as the Secretary may prescribe. (5) Regulations The Secretary may prescribe such regulations as may be necessary— (A) to prevent the credit provided for in subsection (b) from directly or indirectly benefitting any person with a direct or indirect productive capacity of more than 60,000,000 gallons of biodiesel during the taxable year, or (B) to prevent any person from directly or indirectly benefitting with respect to more than 15,000,000 gallons during the taxable year. (6) Allocation of small biodiesel credit to patrons of cooperative (A) Election to allocate (i) In general In the case of a cooperative organization described in section 1381(a), any portion of the increase determined under subsection (b) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. (ii) Form and effect of election An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). (B) Treatment of organizations and patrons (i) Organizations The amount of the credit not apportioned to patrons pursuant to subparagraph (A) shall be included in the amount determined under subsection (b) for the taxable year of the organization. (ii) Patrons The amount of the credit apportioned to patrons pursuant to subparagraph (A) shall be included in the amount determined under such subsection for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. (iii) Special rules for decrease in credits for taxable year If the amount of the credit of the organization determined under such subsection for a taxable year is less than the amount of such credit shown on the return of the organization for such year, an amount equal to the excess of— (I) such reduction, over (II) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. (f) Renewable diesel For purposes of this title— (1) Treatment in the same manner as biodiesel Renewable diesel shall be treated in the same manner as biodiesel. (2) Renewable diesel defined The term renewable diesel (A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 (B) the requirements of the American Society for Testing and Materials D975 or D396, or other equivalent standard approved by the Secretary. Such term shall not include any liquid with respect to which a credit may be determined under section 40. Such term does not include any fuel derived from coprocessing biomass with a feedstock which is not biomass. For purposes of this paragraph, the term biomass (3) Certain aviation fuel Except as provided in the last 3 sentences of paragraph (2), the term renewable diesel (g) Termination This section shall not apply to any sale or use after December 31, 2017. . (b) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 Sec. 40A. Biodiesel production. . (c) Effective date The amendments made by this section shall apply to biodiesel sold or used after December 31, 2013. 3. Reform of biodiesel excise tax incentives (a) In general Subsection (c) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Biodiesel credit (1) In general For purposes of this section, the biodiesel credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which— (A) is sold by such producer to another person— (i) for use by such other person’s trade or business (other than casual off-farm production), (ii) for use by such other person as a fuel in a trade or business, or (iii) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or (B) is used or sold by such producer for any purpose described in subparagraph (A). (2) Definitions Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. (3) Biodiesel transfers from an IRS registered biodiesel production facility to an IRS registered terminal The credit allowed under this subsection can be claimed by a registered terminal or refinery in instances where section 4081(a)(1)(B)(iii) is applicable. The credit allowed under this subsection cannot be claimed by a terminal or refinery on fuel upon which the credit was previously claimed by a biodiesel producer. (4) Termination This subsection shall not apply to any sale, use, or removal for any period after December 31, 2017. . (b) Payment of credit Subsection (e) of section 6427 of the Internal Revenue Code of 1986 is amended— (1) by striking or the biodiesel mixture credit (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph: (3) Biodiesel credit If any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel credit with respect to such biodiesel. , (3) by striking paragraph (1) or (2) paragraph (1), (2), or (3) (4) by striking alternative fuel fuel (5) by striking biodiesel mixture (as defined in section 6426(c)(3)) biodiesel (within the meaning of section 40A) (6) by striking 2013 2017 (c) Exemption for biodiesel transferred from a registered producer to a registered terminal Subparagraph (B) of section 4081(a)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking clause (ii) clauses (ii) and (iii) (2) by adding at the end the following new clause: (iii) Exemptions for biodiesel transferred from a registered producer to a registered terminal The tax imposed by this paragraph shall not apply to any removal or entry of biodiesel (as defined in section 40A(d)(1)) transferred in bulk (without regard to the manner of such transfer) to a terminal or refinery if— (I) such biodiesel was produced by a person who is registered under section 4101 as a producer of biodiesel and who provides reporting under the ExStars fuel reporting system of the Internal Revenue Service, and (II) the operator of such terminal or refinery is registered under section 4101. . (d) Producer registration requirement Subsection (a) of section 6426 subsections (d) and (e) subsections (c), (d), and (e) (e) Recapture Subsection (f) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows: (f) Recapture (1) Alcohol fuel mixtures If— (A) any credit was determined under this section with respect to alcohol used in the production of any alcohol fuel mixture, and (B) any person— (i) separates the alcohol from the mixture, or (ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such alcohol. (2) Biodiesel If any credit was determined under this section with respect to the production of any biodiesel and any person does not use such biodiesel for a purpose described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1 for each gallon of such biodiesel. (3) Applicable laws All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) or (2) as if such tax were imposed by section 4081 and not by this section. . (f) Clerical amendments (1) The heading of section 6426 of the Internal Revenue Code of 1986 is amended by striking alcohol fuel, biodiesel, and alternative fuel mixtures alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures (2) The item relating to section 6426 in the table of sections for subchapter B of chapter 65 of such Code is amended by striking alcohol fuel, biodiesel, and alternative fuel mixtures alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures (g) Effective date The amendments made by this section shall apply to biodiesel sold or used after December 31, 2013. 4. Biodiesel treated as taxable fuel (a) Biodiesel treated as taxable fuel Clause (i) of section 4083(a)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting , including biodiesel (as defined in section 6426(c)(3)), (other than gasoline) (b) Effective date The amendment made by this section shall apply to biodiesel removed, entered, or sold after the date which is 6 months after the date of the enactment of this Act.

Biodiesel Tax Incentive Reform and Extension Act of 2014

Forensic Science and Standards Act of 2014 - (Sec. 4) Establishes a National Forensic Science Research Initiative to improve, expand, and coordinate federal research in forensic sciences (scientific research and its application to the recognition, collection, preservation, evaluation, and analysis of evidence for use in investigations and legal proceedings). Includes the National Science Foundation (NSF), the National Institute of Standards and Technology (NIST), the Department of Justice (DOJ), and other federal departments, agencies, and offices contributing to research in forensic science in the Initiative. Establishes a National Forensic Science Coordinating Office with a full-time director to be located at the Office of Science and Technology Policy (OSTP). Makes the Director responsible for carrying out the provisions of this section, including the development and implementation of a unified federal research strategy. Requires the federal agencies participating in the Initiative to share responsibility for funding the Office and permits the agencies to dedicate staff to the Office. Establishes an interagency forensic science committee to be co-chaired by the Director of the Coordinating Office and a senior scientist from an agency participating in the Initiative. Requires the NSF to contract with the National Academy of Sciences, or a similar independent science entity, to develop a report that: (1) identifies the most critical forensic science disciplines that require further research, and (2) makes recommendations for research to strengthen the scientific foundation in the disciplines. Requires the Director of the Coordinating Office, in coordination with the Interagency Committee, to oversee: the development of a unified federal research strategy; a five-year roadmap for the implementation of the strategy; and any necessary programs, policies, and budgets to support the implementation of the roadmap. Requires the Director of the Coordinating Office, in coordination with the Interagency Committee, to evaluate the Initiative and report to Congress on a biennial basis. Sets forth reporting requirements and deadlines related to the strategy and the roadmap. (Sec. 5) Directs federal agencies participating in the Initiative to improve the foundation and practice of forensic science by: (1) conducting or supporting research consistent with the unified federal research strategy; (2) building relationships between forensic science practitioners and the research community; (3) encouraging and promoting education and training; and (4) broadly disseminating the results of the research. Requires all external forensic science research grants awarded by federal agencies under this section to be consistent with the merit review criteria as approved by the National Science Board and as described in the National Science Foundation Proposal and Award Policies and Procedures Guide. Requires all research conducted from grants awarded under this section to take into consideration the requirements of peer-reviewed scientific journals, and encourage the communication and open exchange of data and results. Directs NSF to: (1) award grants to improve the foundation of forensic science; (2) to establish one or more multidisciplinary forensic research centers led by public-private partnerships between universities, industry, state or local entities, and federal agencies; and (3) conduct a comprehensive evaluation of the forensic science research grants awarded by the NSF and multidisciplinary research centers every four years. Directs NIST to: (1) establish and operate a competitively selected Center of Excellence focusing on measurement sciences, technology, and standards in forensic science, and (2) conduct a comprehensive evaluation of the Center and report to Congress on the results. (Sec. 6) Permits federal agencies to use existing prizes and challenge authority to advance forensic science research needs and priorities. Directs NIST or DOJ to provide or contract with a non-federal party to prepare data sets and physical specimens to be shared without limitation for the purpose of a prize or a challenge. (Sec. 7) Directs NIST to: (1) identify and coordinate the development of voluntary consensus forensic science standards; (2) develop measurement standards and standard reference materials to support forensic science disciplines; (3) test and validate existing standards, and (4) provide independent validation of forensic science measurements and methods. Requires NIST to ensure that any proposed voluntary consensus standards, guidelines, or methods are publicly available, and that the forensic community has an opportunity for public review and comment. Directs the NIST and DOJ to establish scientific area committees to identify gaps in and opportunities for standards development in the forensic sciences and serve as the primary mechanism for identifying and coordinating the development of voluntary consensus forensic science standards. (Sec. 8) Directs NIST and DOJ to establish a National Commission on Forensic Science to provide advice to the agencies participating in the unified federal research strategy and review guidance on standards development in forensic science. Requires the Director of the NIST and the Attorney General, or their designees, to co-chair the Commission. (Sec. 9) Directs DOJ to: (1) encourage the broad adoption of forensic science standards and to require DOJ and other federal laboratories to adopt these standards, as appropriate, (2) promote accreditation and certification based on forensic science standards, and (3) promote recommendations made by the National Commission on Forensic Science. Amends the National Institute of Standards and Technology Act to require NIST to identify and coordinate the development of voluntary consensus forensic science standards to enhance the validity and reliability of forensic science activities.

113 S2022 IS: Forensic Science and Standards Act of 2014 U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2022 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Rockefeller Committee on Commerce, Science, and Transportation A BILL To establish scientific standards and protocols across forensic disciplines, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Forensic Science and Standards 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. Sec. 4. National forensic science research program. Sec. 5. Forensic science research grants program. Sec. 6. Forensic science research challenges. Sec. 7. Forensic science standards. Sec. 8. Forensic Science Advisory Committee. Sec. 9. Adoption, accreditation, and certification. Sec. 10. National Institute of Standards and Technology functions. 2. Findings Congress finds that— (1) at the direction of Congress, the National Academy of Sciences led a comprehensive review of the state of forensic science and issued its findings in a 2009 report, Strengthening Forensic Science in the United States: A Path Forward (2) the report's findings indicate the need for independent scientific research to support the foundation of forensic disciplines; (3) the report stresses the need for standards in methods, data interpretation, and reporting, and the importance of preventing cognitive bias and mitigating human factors; and (4) according to the report, forensic science research is not financially well supported, and there is a need for a unified strategy for developing a forensic science research plan across Federal agencies. 3. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Coordinating Office The term Coordinating Office (3) Forensic science (A) In general The term forensic science (B) Applied scientific research In subparagraph (A), the term applied scientific research (C) Basic scientific research In subparagraph (A), the term basic scientific research (4) Standards development organization The term standards development organization 4. National forensic science research program (a) Establishment There shall be a national forensic science research program to improve, expand, and coordinate Federal research in the forensic sciences. (b) National Academy of Sciences Report on Forensic Science The Director of the National Science Foundation shall contract with the National Academy of Sciences to develop, not later than 180 days after the date of enactment of this Act, a report that— (1) identifies the most critical forensic science disciplines, which may include forensic pathology and digital forensics, that require further research to strengthen the scientific foundation in those disciplines; and (2) makes recommendations regarding research that will help strengthen the scientific foundation in the forensic science disciplines identified under paragraph (1). (c) National forensic science coordinating office (1) Establishment There is established a National Forensic Science Coordinating Office, with a director and full-time staff, to be located at the National Science Foundation. The Director of the Coordinating Office shall be responsible for carrying out the provisions of this subsection. (2) Unified Federal research strategy The Coordinating Office established under paragraph (1) shall coordinate among relevant Federal departments, agencies, or offices— (A) the development of a unified Federal research strategy that— (i) specifies and prioritizes the research necessary to enhance the validity and reliability of the forensic science disciplines; and (ii) is consistent with the recommendations in the National Academy of Sciences report on forensic science under subsection (b); (B) the development of a 5-year roadmap, updated triennially thereafter, for the unified Federal research strategy under subparagraph (A) that includes a description of— (i) which department, agency, or office will carry out each specific element of the unified Federal research strategy; (ii) short-term and long-term priorities and objectives; and (iii) common metrics and other evaluation criteria that will be used to assess progress toward achieving the priorities and objectives under clause (ii); and (C) any necessary programs, policies, and budgets to support the implementation of the roadmap under subparagraph (B). (3) Additional duties The Coordinating Office shall— (A) evaluate annually the national forensic science research program to determine whether it is achieving its objectives; and (B) report annually to Congress the findings under subparagraph (A). (4) Deadlines The Coordinating Office shall submit to Congress— (A) not later than 1 year after the date of enactment of this Act, the unified Federal research strategy under paragraph (2)(A); (B) not later than 1 year after the date of enactment of this Act, the initial 5-year roadmap under paragraph (2)(B); and (C) not later than 1 month after the date it is updated, each updated 5-year roadmap under paragraph (2)(B). 5. Forensic science research grants program (a) Establishment Not later than 1 year after the date of enactment of this Act, the National Science Foundation shall establish a forensic science research grants program to improve the foundation and practice of forensic science in the United States based on the recommendations in the unified Federal research strategy under section 4. (b) Merit review Each grant under this section shall be awarded on a merit-reviewed, competitive basis. (c) Publication The National Science Foundation shall support, as appropriate, the publication of research results under this section in scholarly, peer-reviewed scientific journals. (d) Forensic science research centers (1) In general As part of the forensic science research grants program under subsection (a), the Director of the National Science Foundation shall establish 2 forensic science research centers— (A) to conduct research consistent with the unified Federal research strategy under section 4; (B) to build relationships between forensic science practitioners and members of the research community; (C) to encourage and promote the education and training of a diverse group of people to be leaders in the interdisciplinary field of forensic science; and (D) to broadly disseminate the results of the research under subparagraph (A). (2) Terms of designation (A) In general The Director shall designate each forensic science research center for a 4-year term. (B) Revocation The Director may revoke a designation under subparagraph (A) if the Director determines that the forensic science research center is not demonstrating adequate performance. (C) Amount of award Subject to subsection (f), the Director shall award a grant up to $10,000,000 to each forensic science research center. A grant awarded under this subparagraph shall be for a period of 4 years. (D) Limitation on use of funds No funds authorized under this section may be used to construct or renovate a building or structure. (3) Reports Each forensic science research center shall submit an annual report to the Director, at such time and in such manner as the Director may require, that contains a description of the activities the center carried out with the funds received under this subsection, including a description of how those activities satisfy the requirement under paragraph (2)(D). (e) Evaluation (1) In general The Director of the National Science Foundation shall conduct a comprehensive evaluation of the forensic science research grants program every 4 years— (A) to determine whether the program is achieving the objectives of improving the foundation and practice of forensic science in the United States; and (B) to evaluate the extent to which the program is contributing toward the priorities and objectives described in the roadmap under section 4(c)(2)(B). (2) Report to Congress The Director of the National Science Foundation shall report to Congress the results of each comprehensive evaluation under paragraph (1). (f) Authorization of appropriations There are authorized to be appropriated to the National Science Foundation to carry out this section— (1) $37,000,000 for fiscal year 2014; (2) $40,000,000 for fiscal year 2015; (3) $43,000,000 for fiscal year 2016; (4) $46,000,000 for fiscal year 2017; and (5) $49,000,000 for fiscal year 2018. 6. Forensic science research challenges (a) Prizes and challenges (1) In general A Federal department, agency, or office may assist in satisfying the research needs and priorities identified in the unified Federal research strategy under section 4 by using prizes and challenges under the America COMPETES Reauthorization Act (124 Stat. 3982) or under any other provision of law, as appropriate. (2) Purposes The purpose of a prize or challenge under this section, among other possible purposes, may be— (A) to determine or develop the best data collection practices or analytical methods to evaluate a specific type of forensic data; or (B) to determine the accuracy of an analytical method. (b) Forensic evidence prizes and challenges (1) In general A Federal department, agency, or office, or multiple Federal departments, agencies, or offices in cooperation, carrying out a prize or challenge under this section— (A) may establish a prize advisory board; and (B) shall select each member of the prize advisory board with input from relevant Federal departments, agencies, or offices. (2) Prize advisory board The prize advisory board shall— (A) identify 1 or more types of forensic evidence for purposes of a prize or challenge; (B) using the samples under paragraph (3), recommend how to structure a prize or challenge that requires a competitor to develop a forensic data collection practice, an analytical method, or a relevant approach or technology to be tested relative to a known outcome or other proposed judging methodology; and (C) through the Coordinating Office, advise relevant Federal departments, agencies, or offices in designing prizes or challenges that satisfy the research needs and priorities identified in the unified Federal research strategy under section 4. (3) Samples The National Institute of Standards and Technology or the Department of Justice shall provide or contract with a non-Federal party to prepare, for each type of forensic evidence under paragraph (2)(A), a sufficient set of samples, including associated digital data that could be shared without limitation and physical specimens that could be shared with qualified parties, for purposes of a prize or challenge. (4) Fingerprint data interoperability At least 1 prize or challenge under this section shall be focused on achieving nationwide fingerprint data interoperability if the prize advisory board, the Coordinating Office, or a Federal department, agency, or office identifies an area where a prize or challenge will assist in satisfying a strategy related to this issue. 7. Forensic science standards (a) Establishment (1) In general The National Institute of Standards and Technology shall— (A) identify or coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities, including— (i) authoritative methods, standards, and technical guidance, including protocols and best practices, for forensic measurements, analysis, and interpretation; (ii) technical standards for products and services used by forensic science practitioners; (iii) standard content, terminology, and parameters to be used in reporting and testifying on the results and interpretation of forensic science measurements, tests, and procedures; and (iv) standards to provide for the interoperability of forensic science-related technology and databases; (B) test and validate existing forensics standards, as appropriate; and (C) provide independent validation of forensic science measurements and methods. (2) Consultation (A) In general In carrying out its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consult with— (i) standards development organizations and other stakeholders, including relevant Federal departments, agencies, and offices; and (ii) testing laboratories and accreditation bodies to ensure that products and services meet necessary performance levels. (3) Prioritization When prioritizing its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consider— (A) the unified Federal research strategy under section 4; and (B) the recommendations of any expert working group under subsection (b). (4) Report to Congress The Director of the National Institute of Standards and Technology shall report annually, with the President's budget request, to Congress on the progress in carrying out the National Institute of Standards and Technology's responsibilities under paragraph (1). (b) Expert working groups (1) In general The Director of the National Institute of Standards and Technology may establish 1 or more discipline-specific expert working groups to identify gaps, areas of need, and opportunities for standards development with respect to forensic science. (2) Members A member of an expert working group shall— (A) be appointed by the Director of the National Institute of Standards and Technology; (B) have significant academic, research, or practical expertise in a discipline of forensic science or in another area relevant to the purpose of the expert working group; and (C) balance scientific rigor with practical and regulatory constraints. (3) Federal Advisory Committee Act An expert working group established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (c) Authorization of appropriations There are authorized to be appropriated to the National Institute of Standards and Technology to carry out this section— (1) $12,000,000 for fiscal year 2014; (2) $20,000,000 for fiscal year 2015; (3) $27,000,000 for fiscal year 2016; (4) $35,000,000 for fiscal year 2017; and (5) $43,000,000 for fiscal year 2018. 8. Forensic Science Advisory Committee (a) Establishment The Director of the National Institute of Standards and Technology and the Attorney General, in collaboration with the Director of the National Science Foundation, shall establish a Forensic Science Advisory Committee. (b) Duties The Advisory Committee shall provide advice to— (1) the Federal departments, agencies, and offices implementing the unified Federal research strategy under section 4; (2) the National Institute of Standards and Technology, including recommendations regarding the National Institute of Standards and Technology's responsibilities under section 7; and (3) the Department of Justice, including recommendations regarding the Department of Justice's responsibilities under section 9. (c) Subcommittees The Advisory Committee may form subcommittees related to specific disciplines in forensic science or as necessary to further its duties under subsection (b). A subcommittee may include an individual who is not a member of the Advisory Committee. (d) Chairs The Director of the National Institute of Standards and Technology and the Attorney General, or their designees, shall co-chair the Advisory Committee. (e) Membership The Director of the National Institute of Standards and Technology and the Attorney General, in consultation with the Director of the National Science Foundation, shall appoint each member of the Advisory Committee. The Advisory Committee shall include balanced representation between forensic science disciplines (including academic scientists, statisticians, social scientists, engineers, and representatives of other related scientific disciplines) and relevant forensic science applications (including Federal, State, and local representatives of the forensic science community, the legal community, victim advocate organizations, and law enforcement). (f) Administration The Attorney General shall provide administrative support to the Advisory Committee. (g) Federal Advisory Committee Act The Advisory Committee established under this section shall not be subject to section 14 of the Federal Advisory Committee Act (5 U.S.C. App.). 9. Adoption, accreditation, and certification The Attorney General— (1) shall promote the adoption of forensic science standards developed under section 7, including— (A) by requiring each Federal forensic laboratory to adopt the forensic science standards; (B) by encouraging each non-Federal forensic laboratory to adopt the forensic science standards; (C) by promoting accreditation and certification requirements based on the forensic science standards; and (D) by promoting any recommendations made by the Advisory Committee for adoption and implementation of forensic science standards; and (2) may promote the adoption of the forensic science standards as a condition of Federal funding or for inclusion in national data sets. 10. National Institute of Standards and Technology functions Section 2(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(b) (1) in paragraph (12), by striking and (2) in paragraph (13), by striking the period at the end and inserting ; and (3) by adding at the end the following: (14) to identify and coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities. .

Forensic Science and Standards Act of 2014

Fair Elections Now Act - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to: (1) eligibility and qualifying contribution requirements and benefits of fair elections financing of Senate election campaigns, (2) establishment of a Fair Elections Fund, (3) eligibility for Fund allocations, (4) contribution and expenditure requirements, (5) a public debate requirement, (6) certification of whether or not a federal election candidate is a participating candidate, (7) benefits for participating candidates, (8) 600% matching payments to candidates for certain small dollar contributions, (9) political advertising vouchers, (10) establishment of a Fair Elections Oversight Board, (11) civil penalties for violation of contribution and expenditure requirements, (12) prohibition of joint fundraising committees with any political committee other than a candidate's authorized committee, and (13) an exception to a specified limitation on coordinated expenditures by political party committees with participating candidates for any expenditure from a qualified political party-participating candidate coordinated expenditure fund. Amends the Communications Act of 1934 to: (1) prohibit the preemption of the use of a broadcasting station by a legally qualified Senate candidate who has purchased and paid for such use, (2) revise Federal Communications Commission (FCC) authority to revoke licenses for broadcasting stations who fail to provide access to Senate candidates, and (3) revise the formula for determining reduced broadcast rates for participating candidates in certain circumstances. Directs the FCC to initiate a rulemaking proceeding to establish a standardized form to be used by broadcasting stations to record and report the purchase of advertising time by or on behalf of a candidate for nomination for election, or for election, to federal elective office. Amends FECA to: (1) empower the Federal Election Commission (FEC) to petition the U.S. Supreme Court for a writ of certiorari to appeal a civil action; (2) require all designations, statements, and reports required to be filed under FECA to be filed directly with the FEC, and in computer-accessible electronic form; and (3) reduce from 48 to 24 hours after their receipt the deadline for the FEC to make designations, statements, reports, or notifications available to the public in the FEC office and on the Internet. Amends the Internal Revenue Code to allow a refundable tax credit in the amount of 50% of the qualified My Voice Federal Senate campaign contributions paid or incurred by the taxpayer during the taxable year. Limits such credit to a maximum $50 (twice such amount in the case of a joint return). Prohibits any such credit to any taxpayer who made aggregate contribuitons in excess of $300 during the taxable year to any single federal Senate candidate or to any political committee established and maintained by a national party. Imposes an excise tax on any payment made pursuant to a U.S. government contract to any person that is not a state or local government, a foreign nation, or a tax-exempt organization and that has contracts with the U.S. government in excess of $10 million. Sets the rate of such tax imposed on any payment to a qualified person under any such contract at 0.50% of the amount paid and limits the aggregate annual amount of tax so imposed for any calendar year to not more than $500,000. Expresses the sense of the Senate that the tax revenues raised by this Act should be used for the financing of a Fair Elections Fund and the public financing of Senate elections.

113 S2023 IS: Fair Elections Now Act U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2023 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Durbin Mrs. Boxer Mr. Brown Mr. Cardin Mr. Franken Mrs. Gillibrand Mr. Harkin Mr. Heinrich Ms. Klobuchar Mr. Leahy Mr. Menendez Mr. Markey Mr. Merkley Mr. Murphy Mr. Sanders Mrs. Shaheen Ms. Warren Committee on Finance A BILL To reform the financing of Senate elections, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Fair Elections Now Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Fair elections financing of Senate election campaigns Subtitle A—Fair elections financing program Sec. 101. Findings and declarations. Sec. 102. Eligibility requirements and benefits of Fair Elections financing of Senate election campaigns. Sec. 103. Prohibition on joint fundraising committees. Sec. 104. Exception to limitation on coordinated expenditures by political party committees with participating candidates. TITLE II—Improving voter information Sec. 201. Broadcasts relating to all Senate candidates. Sec. 202. Broadcast rates for participating candidates. Sec. 203. FCC to prescribe standardized form for reporting candidate campaign ads. TITLE III—Responsibilities of the Federal Election Commission Sec. 301. Petition for certiorari. Sec. 302. Filing by Senate candidates with Commission. Sec. 303. Electronic filing of FEC reports. TITLE IV—Participation in Funding of Elections Sec. 401. Refundable tax credit for Senate campaign contributions. TITLE V—Revenue provisions Sec. 501. Fair Elections Fund revenue. TITLE VI—Miscellaneous provisions Sec. 601. Severability. Sec. 602. Effective date. I Fair elections financing of Senate election campaigns A Fair elections financing program 101. Findings and declarations (a) Undermining of democracy by campaign contributions from private sources The Senate finds and declares that the current system of privately financed campaigns for election to the United States Senate has the capacity, and is often perceived by the public, to undermine democracy in the United States by— (1) creating a culture that fosters actual or perceived conflicts of interest by encouraging Senators to accept large campaign contributions from private interests that are directly affected by Federal legislation; (2) diminishing or appearing to diminish Senators' accountability to constituents by compelling legislators to be accountable to the major contributors who finance their election campaigns; (3) undermining the meaning of the right to vote by allowing monied interests to have a disproportionate and unfair influence within the political process; (4) imposing large, unwarranted costs on taxpayers through legislative and regulatory distortions caused by unequal access to lawmakers for campaign contributors; (5) making it difficult for some qualified candidates to mount competitive Senate election campaigns; (6) disadvantaging challengers and discouraging competitive elections; and (7) burdening incumbents with a preoccupation with fundraising and thus decreasing the time available to carry out their public responsibilities. (b) Enhancement of democracy by providing allocations from the Fair Elections Fund The Senate finds and declares that providing the option of the replacement of large private campaign contributions with allocations from the Fair Elections Fund for all primary, runoff, and general elections to the Senate would enhance American democracy by— (1) reducing the actual or perceived conflicts of interest created by fully private financing of the election campaigns of public officials and restoring public confidence in the integrity and fairness of the electoral and legislative processes through a program which allows participating candidates to adhere to substantially lower contribution limits for contributors with an assurance that there will be sufficient funds for such candidates to run viable electoral campaigns; (2) increasing the public's confidence in the accountability of Senators to the constituents who elect them, which derives from the program's qualifying criteria to participate in the voluntary program and the conclusions that constituents may draw regarding candidates who qualify and participate in the program; (3) helping to reduce the ability to make large campaign contributions as a determinant of a citizen's influence within the political process by facilitating the expression of support by voters at every level of wealth, encouraging political participation, and incentivizing participation on the part of Senators through the matching of small dollar contributions; (4) potentially saving taxpayers billions of dollars that may be (or that are perceived to be) currently allocated based upon legislative and regulatory agendas skewed by the influence of campaign contributions; (5) creating genuine opportunities for all Americans to run for the Senate and encouraging more competitive elections; (6) encouraging participation in the electoral process by citizens of every level of wealth; and (7) freeing Senators from the incessant preoccupation with raising money, and allowing them more time to carry out their public responsibilities. 102. Eligibility requirements and benefits of Fair Elections financing of Senate election campaigns The Federal Election Campaign Act of 1971 2 U.S.C. 431 et seq. V Fair elections financing of Senate election campaigns A General provisions 501. Definitions In this title: (1) Allocation from the Fund The term allocation from the Fund (2) Board The term Board (3) Fair Elections qualifying period The term Fair Elections qualifying period (A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and (B) ending on the date that is 30 days before— (i) the date of the primary election; or (ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (4) Fair Elections start date The term Fair Elections start date (A) the date of the primary election; or (B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (5) Fund The term Fund (6) Immediate family The term immediate family (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (7) Matching contribution The term matching contribution (8) Nonparticipating candidate The term nonparticipating candidate (9) Participating candidate The term participating candidate (10) Qualifying contribution The term qualifying contribution (A) is in an amount that is— (i) not less than the greater of $5 or the amount determined by the Commission under section 531; and (ii) not more than the greater of $150 or the amount determined by the Commission under section 531; (B) is made by an individual— (i) who is a resident of the State in which such candidate is seeking election; and (ii) who is not otherwise prohibited from making a contribution under this Act; (C) is made during the Fair Elections qualifying period; and (D) meets the requirements of section 512(b). (11) Qualified small dollar contribution The term qualified small dollar contribution (A) which is not a qualifying contribution (or does not include a qualifying contribution); (B) which is made by an individual who is not prohibited from making a contribution under this Act; and (C) the aggregate amount of which does not exceed the greater of— (i) $150 per election; or (ii) the amount per election determined by the Commission under section 531. 502. Fair Elections Fund (a) Establishment There is established in the Treasury a fund to be known as the Fair Elections Fund (b) Amounts held by Fund The Fund shall consist of the following amounts: (1) Appropriated amounts (A) In general Amounts appropriated to the Fund. (B) Sense of the Senate regarding appropriations It is the sense of the Senate that— (i) there should be imposed on any payment made to any person (other than a State or local government or a foreign nation) who has contracts with the Government of the United States in excess of $10,000,000 a tax equal to 0.50 percent of amount paid pursuant to such contracts, except that the aggregate tax for any person for any taxable year shall not exceed $500,000; and (ii) the revenue from such tax should be appropriated to the Fund. (2) Voluntary contributions Voluntary contributions to the Fund. (3) Other deposits Amounts deposited into the Fund under— (A) section 513(c) (relating to exceptions to contribution requirements); (B) section 521(c) (relating to remittance of allocations from the Fund); (C) section 533 (relating to violations); and (D) any other section of this Act. (4) Investment returns Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). (c) Investment The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. (d) Use of Fund (1) In general The sums in the Fund shall be used to provide benefits to participating candidates as provided in subtitle C. (2) Insufficient amounts Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code shall apply. B Eligibility and certification 511. Eligibility (a) In general A candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. (2) The candidate meets the qualifying contribution requirements of section 512. (3) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; (B) if certified, will comply with the debate requirements of section 514; (C) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and (D) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. 512. Qualifying contribution requirement (a) In general A candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— (1) a number of qualifying contributions equal to the greater of— (A) the sum of— (i) 2,000; plus (ii) 500 for each congressional district in the State with respect to which the candidate is seeking election; or (B) the amount determined by the Commission under section 531; and (2) a total dollar amount of qualifying contributions equal to the greater of— (A) 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate; or (B) the amount determined by the Commission under section 531. (b) Requirements relating to receipt of qualifying contribution Each qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing— (A) the contributor’s name and the contributor's address in the State in which the contributor is registered to vote; and (B) an oath declaring that the contributor— (i) understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for Fair Elections financing; (ii) is making the contribution in his or her own name and from his or her own funds; (iii) has made the contribution willingly; and (iv) has not received anything of value in return for the contribution; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. 513. Contribution and expenditure requirements (a) General rule A candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— (1) except as provided in subsection (b), accepts no contributions other than— (A) qualifying contributions; (B) qualified small dollar contributions; (C) allocations from the Fund under section 522; (D) matching contributions under section 523; and (E) vouchers provided to the candidate under section 524; (2) makes no expenditures from any amounts other than from— (A) qualifying contributions; (B) qualified small dollar contributions; (C) allocations from the Fund under section 522; (D) matching contributions under section 523; and (E) vouchers provided to the candidate under section 524; and (3) makes no expenditures from personal funds or the funds of any immediate family member (other than funds received through qualified small dollar contributions and qualifying contributions). For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (b) Contributions for leadership PACs, etc A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— (1) the aggregate contributions from such person for any calendar year do not exceed $150; and (2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (c) Exception Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— (1) returned to the contributor; or (2) submitted to the Commission for deposit in the Fund. 514. Debate requirement A candidate for Senator meets the requirements of this section if the candidate participates in at least— (1) 1 public debate before the primary election with other participating candidates and other willing candidates from the same party and seeking the same nomination as such candidate; and (2) 2 public debates before the general election with other participating candidates and other willing candidates seeking the same office as such candidate. 515. Certification (a) In general Not later than 5 days after a candidate for Senator files an affidavit under section 511(a)(3), the Commission shall— (1) certify whether or not the candidate is a participating candidate; and (2) notify the candidate of the Commission's determination. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits If certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. C Benefits 521. Benefits for participating candidates (a) In general For each election with respect to which a candidate is certified as a participating candidate, such candidate shall be entitled to— (1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; (2) matching contributions, as provided in section 523; and (3) for the general election, vouchers for broadcasts of political advertisements, as provided in section 524. (b) Restriction on uses of allocations from the Fund Allocations from the Fund received by a participating candidate under section 522 and matching contributions under section 523 may only be used for campaign-related costs. (c) Remitting allocations from the Fund (1) In general Not later than the date that is 45 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— (A) the amount of money in the candidate's campaign account; or (B) the sum of the allocations from the Fund received by the candidate under section 522 and the matching contributions received by the candidate under section 523. (2) Exception In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. 522. Allocations from the Fund (a) In general The Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— (1) in the case of amounts provided under subsection (c)(1), not later than 48 hours after the date on which such candidate is certified as a participating candidate under section 515; (2) in the case of a general election, not later than 48 hours after— (A) the date of the certification of the results of the primary election or the primary runoff election; or (B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and (3) in the case of a primary runoff election or a general runoff election, not later than 48 hours after the certification of the results of the primary election or the general election, as the case may be. (b) Method of payment The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. (c) Amounts (1) Primary election allocation; initial allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. (2) Primary runoff election allocation The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. (4) General runoff election allocation The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. (5) Uncontested elections (A) In general In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. (B) Uncontested election defined For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. (d) Base amount (1) In general Except as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the greater of— (A) the sum of— (i) $750,000; plus (ii) $150,000 for each congressional district in the State with respect to which the candidate is seeking election; or (B) the amount determined by the Commission under section 531. (2) Indexing In each even-numbered year after 2015— (A) each dollar amount under paragraph (1)(A) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2014; (B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. 523. Matching payments for qualified small dollar contributions (a) In general The Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the State in which such participating candidate is seeking election after the date on which such candidate is certified under section 515. (b) Limitation The aggregate payments under subsection (a) with respect to any candidate shall not exceed the greater of— (1) 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (c)(5) thereof); or (2) the percentage of such allocation determined by the Commission under section 531. (c) Time of payment The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports (1) In general Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports Each report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; (B) the amount of each qualified small dollar contribution received by the candidate from a resident of the State in which the candidate is seeking election; and (C) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports Reports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; (B) once every week after the period described in subparagraph (A) and until the date that is 21 days before the election; and (C) once every day after the period described in subparagraph (B). (4) Limitation on regulations The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. 524. Political advertising vouchers (a) In general The Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. (b) Candidates The Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 515 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. (c) Amounts The Commission shall disburse vouchers to each candidate certified under subsection (b) in an aggregate amount equal to the greater of— (1) $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office; or (2) the amount determined by the Commission under section 531. (d) Use (1) Exclusive use Vouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that— (A) a candidate may exchange vouchers with a political party under paragraph (2); and (B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). (2) Exchange with political party committee (A) In general A participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate’s choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. (B) Continuation of candidate obligations The transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate. (C) Party committee obligations Any political party committee to which a voucher or portion thereof is transferred under subparagraph (A)— (i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and (ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). (D) Voucher as a contribution under FECA If a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)— (i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; (ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and (iii) the amount, if identified as a voucher exchange (e) Value; acceptance; redemption (1) Voucher Each voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. (2) Acceptance A broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. (3) Redemption The Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. (4) Expiration (A) Candidates A voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. (B) Exception for political party committees A voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. (5) Voucher as expenditure under feca The use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). (f) Definitions In this section: (1) Broadcasting station The term broadcasting station (2) Political party The term political party D Administrative provisions 531. Fair Elections Oversight Board (a) Establishment There is established within the Federal Election Commission an entity to be known as the Fair Elections Oversight Board (b) Structure and membership (1) In general The Board shall be composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom— (A) 2 shall be appointed after consultation with the majority leader of the Senate; (B) 2 shall be appointed after consultation with the minority leader of the Senate; and (C) 1 shall be appointed upon the recommendation of the members appointed under subparagraphs (A) and (B). (2) Qualifications (A) In general The members shall be individuals who are nonpartisan and, by reason of their education, experience, and attainments, exceptionally qualified to perform the duties of members of the Board. (B) Prohibition No member of the Board may be— (i) an employee of the Federal Government; (ii) a registered lobbyist; or (iii) an officer or employee of a political party or political campaign. (3) Date Members of the Board shall be appointed not later than 60 days after the date of the enactment of this Act. (4) Terms A member of the Board shall be appointed for a term of 5 years. (5) Vacancies A vacancy on the Board shall be filled not later than 30 calendar days after the date on which the Board is given notice of the vacancy, in the same manner as the original appointment. The individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (6) Chairperson The Board shall designate a Chairperson from among the members of the Board. (c) Duties and powers (1) Administration (A) In general The Board shall have such duties and powers as the Commission may prescribe, including the power to administer the provisions of this title. (2) Review of fair elections financing (A) In general After each general election for Federal office, the Board shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 501(11); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(10); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; (iv) the amount of allocations from the Fund that candidates may receive under section 522; (v) the maximum amount of matching contributions a candidate may receive under section 523; (vi) the amount and usage of vouchers under section 524; (vii) the overall satisfaction of participating candidates and the American public with the program; and (viii) such other matters relating to financing of Senate campaigns as the Board determines are appropriate. (B) Criteria for review In conducting the review under subparagraph (A), the Board shall consider the following: (i) Qualifying contributions and qualified small dollar contributions The Board shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Board determines is appropriate. (ii) Review of program benefits The Board shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, and vouchers under section 524 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Board determines is appropriate. (C) Adjustment of amounts (i) In general Based on the review conducted under subparagraph (A), the Board shall provide for the adjustments of the following amounts: (I) the maximum dollar amount of qualified small dollar contributions under section 501(11)(C); (II) the maximum and minimum dollar amounts for qualifying contributions under section 501(10)(A); (III) the number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1); (IV) the base amount for candidates under section 522(d); (V) the maximum amount of matching contributions a candidate may receive under section 523(b); and (VI) the dollar amount for vouchers under section 524(c). (ii) Regulations The Commission shall promulgate regulations providing for the adjustments made by the Board under clause (i). (D) Report Not later than March 30 following any general election for Federal office, the Board shall submit a report to Congress on the review conducted under paragraph (1). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Board based on such review. (d) Meetings and hearings (1) Meetings The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out the purposes of this Act. (2) Quorum Three members of the Board shall constitute a quorum for purposes of voting, but a quorum is not required for members to meet and hold hearings. (e) Reports Not later than March 30, 2017, and every 2 years thereafter, the Board shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (f) Administration (1) Compensation of members (A) In general Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 (B) Chairperson The Chairperson shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Personnel (A) Director The Board shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 (B) Staff appointment With the approval of the Chairperson, the Executive Director may appoint such personnel as the Executive Director and the Board determines to be appropriate. (C) Actuarial experts and consultants With the approval of the Chairperson, the Executive Director may procure temporary and intermittent services under section 3109(b) (D) Detail of government employees Upon the request of the Chairperson, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Board to assist in carrying out the duties of the Board. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (E) Other resources The Board shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Board shall make requests for such access in writing when necessary. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 532. Administration provisions The Commission shall prescribe regulations to carry out the purposes of this title, including regulations— (1) to establish procedures for— (A) verifying the amount of valid qualifying contributions with respect to a candidate; (B) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (C) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (D) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and (E) the administration of the voucher program under section 524; and (2) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. 533. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate under section 515(a) accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. (b) Repayment for improper use of Fair Elections Fund (1) In general If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. . 103. Prohibition on joint fundraising committees Section 302(e) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(e) (6) No authorized committee of a participating candidate (as defined in section 501) may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate. . 104. Exception to limitation on coordinated expenditures by political party committees with participating candidates Section 315(d) of the Federal Election Campaign Act of 1971 2 U.S.C. 441a(d) (1) in paragraph (3)(A), by striking in the case of except as provided in paragraph (5), in the case of (2) by adding at the end the following new paragraph: (5) (A) The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund. (B) In this paragraph, the term qualified political party-participating candidate coordinated expenditure fund (C) In this paragraph, the term qualified coordinated expenditure contribution (i) which is made by an individual who is not prohibited from making a contribution under this Act; and (ii) the aggregate amount of which does not exceed $500 per election. . II Improving voter information 201. Broadcasts relating to all Senate candidates (a) Lowest unit charge; national committees Section 315(b) of the Communications Act of 1934 (1) by striking to such office to such office, or by a national committee of a political party on behalf of such candidate in connection with such campaign, (2) by inserting for pre-emptible use thereof station (b) Preemption; audits Section 315 of such Act ( 47 U.S.C. 315 (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively and moving them to follow the existing subsection (e); (2) by redesignating the existing subsection (e) as subsection (c); and (3) by inserting after subsection (c) (as redesignated by paragraph (2)) the following: (d) Preemption (1) In general Except as provided in paragraph (2), and notwithstanding the requirements of subsection (b)(1)(A), a licensee shall not preempt the use of a broadcasting station by a legally qualified candidate for Senate who has purchased and paid for such use. (2) Circumstances beyond control of licensee If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the station, any candidate or party advertising spot scheduled to be broadcast during that program shall be treated in the same fashion as a comparable commercial advertising spot. (e) Audits During the 30-day period preceding a primary election and the 60-day period preceding a general election, the Commission shall conduct such audits as it deems necessary to ensure that each broadcaster to which this section applies is allocating television broadcast advertising time in accordance with this section and section 312. . (c) Revocation of license for failure To permit access Section 312(a)(7) of the Communications Act of 1934 ( 47 U.S.C. 312(a)(7) (1) by striking or repeated (2) by inserting or cable system broadcasting station (3) by striking his candidacy the candidacy of the candidate, under the same terms, conditions, and business practices as apply to the most favored advertiser of the licensee (d) Stylistic amendments Section 315 of such Act ( 47 U.S.C. 315 (1) by striking the Broadcasting station (2) by striking the Licensee; station licensee (3) by inserting Regulations The Commission 202. Broadcast rates for participating candidates Section 315(b) of the Communications Act of 1934 (1) in paragraph (1)(A), by striking paragraph (2) paragraphs (2) and (3) (2) by adding at the end the following: (3) Participating candidates In the case of a participating candidate (as defined under section 501(9) of the Federal Election Campaign Act of 1971), the charges made for the use of any broadcasting station for a television broadcast shall not exceed 80 percent of the lowest charge described in paragraph (1)(A) during— (A) the 45 days preceding the date of a primary or primary runoff election in which the candidate is opposed; and (B) the 60 days preceding the date of a general or special election in which the candidate is opposed. (4) Rate cards A licensee shall provide to a candidate for Senate a rate card that discloses— (A) the rate charged under this subsection; and (B) the method that the licensee uses to determine the rate charged under this subsection. . 203. FCC to prescribe standardized form for reporting candidate campaign ads (a) In general Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a rulemaking proceeding to establish a standardized form to be used by broadcasting stations, as defined in section 315(f)(1) of the Communications Act of 1934 47 U.S.C. 315(f)(1) (b) Contents The form prescribed by the Commission under subsection (a) shall require, broadcasting stations to report to the Commission and to the Federal Election Commission, at a minimum— (1) the station call letters and mailing address; (2) the name and telephone number of the station’s sales manager (or individual with responsibility for advertising sales); (3) the name of the candidate who purchased the advertising time, or on whose behalf the advertising time was purchased, and the Federal elective office for which he or she is a candidate; (4) the name, mailing address, and telephone number of the person responsible for purchasing broadcast political advertising for the candidate; (5) notation as to whether the purchase agreement for which the information is being reported is a draft or final version; and (6) the following information about the advertisement: (A) The date and time of the broadcast. (B) The program in which the advertisement was broadcast. (C) The length of the broadcast airtime. (c) Internet access In its rulemaking under subsection (a), the Commission shall require any broadcasting station required to file a report under this section that maintains an Internet website to make available a link to such reports on that website. III Responsibilities of the Federal Election Commission 301. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 2 U.S.C. 437d(a)(6) (including a proceeding before the Supreme Court on certiorari) appeal 302. Filing by Senate candidates with Commission Section 302(g) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(g) (g) Filing with the commission All designations, statements, and reports required to be filed under this Act shall be filed with the Commission. . 303. Electronic filing of FEC reports Section 304(a)(11) of the Federal Election Campaign Act of 1971 2 U.S.C. 434(a)(11) (1) in subparagraph (A), by striking under this Act— under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers. (2) in subparagraph (B), by striking 48 hours filed electronically) 24 hours (3) by striking subparagraph (D). IV Participation in Funding of Elections 401. Refundable tax credit for Senate campaign contributions (a) In general Subpart C of part IV of subchapter A of chapter 1 36C. Credit for Senate campaign contributions (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 50 percent of the qualified My Voice Federal Senate campaign contributions paid or incurred by the taxpayer during the taxable year. (b) Limitations (1) Dollar limitation The amount of qualified My Voice Federal Senate campaign contributions taken into account under subsection (a) for the taxable year shall not exceed $50 (twice such amount in the case of a joint return). (2) Limitation on contributions to Federal Senate candidates No credit shall be allowed under this section to any taxpayer for any taxable year if such taxpayer made aggregate contributions in excess of $300 during the taxable year to— (A) any single Federal Senate candidate, or (B) any political committee established and maintained by a national political party. (3) Provision of information No credit shall be allowed under this section to any taxpayer unless the taxpayer provides the Secretary with such information as the Secretary may require to verify the taxpayer’s eligibility for the credit and the amount of the credit for the taxpayer. (c) Qualified My Voice Federal Senate contributions For purposes of this section, the term My Voice Federal Senate campaign contribution (d) Federal Senate candidate For purposes of this section— (1) In general The term Federal Senate candidate (2) Treatment of authorized committees Any contribution made to an authorized committee of a Federal Senate candidate shall be treated as made to such candidate. (e) Inflation adjustment (1) In general In the case of a taxable year beginning after 2017, the $50 amount under subsection (b)(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, determined by substituting calendar year 2016 calendar year 1992 (2) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $5, such amount shall be rounded to the nearest multiple of $5. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, 36B, (2) Section 1324(b)(2) 36C, 36B, (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Credit for Senate campaign contributions. . (c) Forms The Secretary of the Treasury, or his designee, shall ensure that the credit for contributions to Federal Senate candidates allowed under section 36C of the Internal Revenue Code of 1986, as added by this section, may be claimed on Forms 1040EZ and 1040A. (d) Administration At the request of the Secretary of the Treasury, the Federal Election Commission shall provide the Secretary of the Treasury with such information and other assistance as the Secretary may reasonably require to administer the credit allowed under section 36C (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2016. V Revenue provisions 501. Fair Elections Fund revenue (a) In general The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: 37 Tax on payments pursuant to certain government contracts Sec. 4501. Imposition of tax. 4501. Imposition of tax (a) Tax imposed There is hereby imposed on any payment made to a qualified person pursuant to a contract with the Government of the United States a tax equal to 0.50 percent of the amount paid. (b) Limitation The aggregate amount of tax imposed under subsection (a) for any calendar year shall not exceed $500,000. (c) Qualified person For purposes of this section, the term qualified person (1) is not a State or local government, a foreign nation, or an organization described in section 501(c)(3) which is exempt from taxation under section 501(a), and (2) has contracts with the Government of the United States with a value in excess of $10,000,000. (d) Payment of tax The tax imposed by this section shall be paid by the person receiving such payment. (e) Use of revenue generated by tax It is the sense of the Senate that amounts equivalent to the revenue generated by the tax imposed under this chapter should be appropriated for the financing of a Fair Elections Fund and used for the public financing of Senate elections. . (b) Conforming amendment The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following: Chapter 37—Tax on payments pursuant to certain government contracts . (c) Effective date The amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act. VI Miscellaneous provisions 601. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 602. Effective date Except as otherwise provided for in this Act, this Act and the amendments made by this Act shall take effect on January 1, 2017.

Fair Elections Now Act

State Marriage Defense Act of 2014 - Prohibits, for purposes of determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of U.S. administrative bureaus and agencies, as applied with respect to individuals domiciled in a state or in any other territory or possession of the United States: (1) the term "marriage" from including any relationship that the state, territory, or possession does not recognize as a marriage; and (2) the term "spouse" from including an individual who is a party to a relationship that is not recognized as a marriage by that state, territory, or possession.

113 S2024 PCS: State Marriage Defense Act of 2014 U.S. Senate 2014-02-12 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 Calendar No. 308 113th CONGRESS 2d Session S. 2024 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Cruz Mr. Lee Mr. Vitter Mr. Roberts February 24, 2014 Read the second time and placed on the calendar A BILL To amend chapter 1 marriage spouse 1. Short title This Act may be cited as the State Marriage Defense Act of 2014 2. Findings Congress finds the following: (1) Congress affirms the States’ legitimate and proper public policy interests in regulating domestic relations and in defining marriage for the residents of their States. (2) Despite striking down section 3 of the Defense of Marriage Act, the Supreme Court ruling in United States Windsor United States Windsor state sovereign choices about who may be married (3) United States Windsor historic and essential authority to define the marital relation put a thumb on the scales and influence a state’s decision as to how to shape its own marriage laws (4) Congress recognizes that current actions by the Federal Government to afford benefits to certain relationships not recognized as marriages by a person’s State of residence go beyond the Supreme Court’s ruling in United States Windsor two contradictory marriage regimes within the same State, United States Windsor (5) Actions taken by the Federal Government to grant recognition of marital status for persons not recognized as married in their State of domicile undermine a State’s legitimate authority to define marriage for its residents. 3. Amendment to definition of marriage for Federal purposes Section 7 7. Definition of marriage spouse For purposes of determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, as applied with respect to individuals domiciled in a State or in any other territory or possession of the United States, the term marriage spouse . February 24, 2014 Read the second time and placed on the calendar

State Marriage Defense Act of 2014

Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual; (2) identify or authenticate the identity of an individual; or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction. Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines "public record information" as information obtained originally from records of a federal, state, or local government entity that are available for public inspection. Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act.

113 S2025 IS: Data Broker Accountability and Transparency Act U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2025 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Rockefeller Mr. Markey Committee on Commerce, Science, and Transportation A BILL To require data brokers to establish procedures to ensure the accuracy of collected personal information, and for other purposes. 1. Short title This Act may be cited as the Data Broker Accountability and Transparency Act 2. Definitions In this Act: (1) Commission The term Commission (2) Data broker The term data broker (3) Non-public information The term non-public information (4) Public record information The term public record information 3. Prohibition on obtaining or solicitation to obtain personal information by false pretenses (a) In general It shall be unlawful for a data broker to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing any document to any person, that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. (b) Solicitation It shall be unlawful for a data broker to request a person to obtain personal information, or any other information, relating to any other person if the data broker knows or should know that the person to whom the request is made will obtain or attempt to obtain that information in the manner described in subsection (a). 4. Personal information (a) Accuracy A data broker shall establish reasonable procedures to ensure the maximum possible accuracy of the personal information it collects, assembles, or maintains, and any other information it collects, assembles, or maintains that specifically identifies an individual, unless the information only identifies an individual's name or address. (b) Exception; fraud databases Notwithstanding subsection (a), a data broker may collect or maintain information that may be inaccurate with respect to a particular individual if that information is being collected or maintained solely for the purpose of— (1) indicating whether there may be a discrepancy or irregularity in the personal information that is associated with an individual; (2) helping to identify, or to authenticate the identity of, an individual; or (3) helping to protect against or investigate fraud or other unlawful conduct. (c) Consumer access A data broker shall provide an individual a means to review any personal information or other information that specifically identifies that individual, that the data broker collects, assembles, or maintains on that individual, unless an exception applies under section 5. (d) Review requirements The means for review under subsection (c) shall be provided— (1) at an individual's request; (2) after verifying the identity of the individual; (3) at least 1 time per year; and (4) at no cost to the individual. (e) Notice A data broker shall maintain an Internet Web site and place a clear and conspicuous notice on that Internet Web site instructing an individual— (1) how to review the information described under subsection (c); and (2) how to express a preference with respect to the use of personal information for marketing purposes under subsection (g). (f) Disputed information An individual whose personal information is maintained by a data broker may dispute the accuracy of any information described under subsection (c) by requesting, in writing, that the data broker correct the information. A data broker, after verifying the identity of the individual making the request, and unless there are reasonable grounds to believe the request is frivolous or irrelevant, shall— (1) with regard to public record information— (A) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (B) if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records; and (2) with regard to non-public information— (A) note the information that is disputed, including the individual's written request; (B) if the information can be independently verified, use the reasonable procedures established under subsection (a) to independently verify the information; and (C) if the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records. (g) Certain marketing information A data broker that maintains any information described under subsection (a) and that uses, shares, or sells that information for marketing purposes shall provide each individual whose information it maintains with a reasonable means of expressing a preference not to have that individual's information used for those purposes. If an individual expresses such a preference, the data broker may not use, share, or sell that individual's information for marketing purposes. (h) Persons regulated by the Fair Credit Reporting Act A data broker shall be deemed in compliance with this section with respect to information that is subject to the Fair Credit Reporting Act 15 U.S.C. 1681 et seq. 15 U.S.C. 1681g 5. Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 (1) a requirement that a data broker establish measures that facilitate the auditing or retracing of any internal or external access to, or transmission of, any data containing personal information collected, assembled, or maintained by the data broker; (2) the establishment of a centralized Internet Web site for the benefit of consumers that lists the data brokers subject to section 4 and provides additional information to consumers about their rights under this Act; (3) if the Commission considers a data broker outside the scope of the purposes of this Act, the exclusion of that data broker from the applicability of this Act, such as, if the Commission considers it appropriate for exclusion, a data broker who processes information collected by or on behalf of and received from or on behalf of a nonaffiliated third party concerning an individual who is a customer or an employee of that third party to enable that third party, directly or through parties acting on its behalf, to provide benefits for its employees or directly transact business with its customers; (4) any exceptions, that the Commission considers necessary, to the auditing and retracing requirements under paragraph (1) to further or protect law enforcement or national security activities; and (5) any exceptions, that the Commission considers necessary, to an individual's right to review the information described under section 4(c), such as for child protection, law enforcement, fraud prevention, or other legitimate government purposes. 6. Enforcement (a) In general A violation of a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (b) Powers of Commission The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act 15 U.S.C. 41 et seq. 15 U.S.C. 41 et seq. (c) Enforcement by State attorneys general (1) Civil action Except as provided under paragraph (3)(B), in any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a data broker who violates a regulation prescribed under this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction— (A) to enjoin further violation of this Act by the defendant; (B) to compel compliance with this Act; (C) to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain such further and other relief as the court may deem appropriate; or (D) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation For purposes of imposing a civil penalty under paragraph (1)(D), the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than $16,000. (B) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Intervention by the Commission (A) Notice A State shall provide prior written notice of any civil action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. (B) Intervention by the Commission The Commission shall have the right— (i) to intervene in the civil action under paragraph (1); (ii) upon so intervening, to be heard on all matters arising in that civil action; and (iii) to file petitions for appeal of a decision in that civil action. (C) Limitation on State action while Federal action is pending If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act 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— (A) to conduct investigations; (B) to administer oaths or affirmations; or (C) to compel the attendance of witnesses or the production of documentary and other evidence. 7. Effect on other laws (a) Preservation of Commission authority Nothing in this Act may be construed in any way to limit or affect the Commission's authority under any other provision of law. (b) Preservation of other Federal law Nothing in this Act may be construed in any way to supersede, restrict, or limit the application of the Fair Credit Reporting Act 15 U.S.C. 1681 et seq.

Data Broker Accountability and Transparency Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Sport Fish Restoration and Recreational Boating Safety Act of 2014 - Amends the Federal Aid in Fish Restoration Act to reauthorize through FY2021 the Sport Fish Restoration and Boating Trust Fund. Extends the distributions of appropriations to: (1) the Department of the Interior for coastal wetlands distributions, the Clean Vessel Act of 1992, boating infrastructure, and national outreach and communications; and (2) the Department of Homeland Security (the department in which the Coast Guard is operating) for state recreational boating safety programs. Sets forth a formula that determines the maximum amount Interior may spend on administrative expenses incurred to implement the Act. Sets forth separate set-aside amounts through FY2021 for Coast Guard national recreational boating safety personnel and activities, the National Boating Safety Advisory Council (NBSAC), and boating safety activities of national nonprofit public service organizations. Amends the Internal Revenue Code to extend Fund transfer restriction exceptions through September 30, 2021. Revokes a limitation on the amount the Coast Guard is authorized to allocate for national boating safety activities of national nonprofit public service organizations. Extends the NBSAC through September 30, 2021.

113 S2028 IS: Sport Fish Restoration and Recreational Boating Safety Act of 2014 U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2028 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Rockefeller Mr. Thune Committee on Commerce, Science, and Transportation A BILL To amend the law relating to sport fish restoration and recreational boating safety, and for other purposes. 1. Short title This Act may be cited as the Sport Fish Restoration and Recreational Boating Safety Act of 2014 2. Division of annual appropriations Section 4 of the Federal Aid in Fish Restoration Act ( 16 U.S.C. 777c (1) in subsection (a), by striking 2014 2021 (2) by amending the heading in subsection (b) to read as follows: Set-asides (3) in subsection (b)(1)— (A) in subparagraph (A), by striking 2014 2021 (B) in subparagraph (B)— (i) in clause (i), by striking each of fiscal years 2001 and 2002, $9,000,000 fiscal year 2015, $11,896,000 (ii) in clause (ii), by striking 2003, $8,212,000 2016, $12,299,000 (iii) in clause (iii), by striking 2004 2017 (C) by adding at the end the following: (C) Set-aside for boating safety (i) In general From the annual appropriation made in accordance with section 3, for each fiscal year through 2021, the Secretary shall transfer to the Secretary of the department in which the Coast Guard is operating— (I) $5,000,000 for the purposes set forth in section 13107(c) (II) $200,000 to fund the National Boating Safety Advisory Council established under section 13110 of title 46, United States Code, and the authorized activities of the Council; and (III) not less than $7,000,000 for national boating safety activities of national nonprofit public service organizations, and such sums made available for allocation and distribution shall remain available until expended. (ii) Limitation The amounts specified in clause (i) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) of this section for the fiscal year. ; (4) in subsection (b)(2)— (A) in subparagraph (A), by striking under paragraph (1) shall remain available for obligation for use under that paragraph under paragraph (1)(B) shall remain available for obligation for use under paragraph (1)(A) (B) in subparagraph (B)— (i) by striking under paragraph (1) under paragraph (1)(B) (ii) by striking subsection (e) subsection (c) (5) in subsection (d), by striking So much of any sum not allocated Except as otherwise provided in this section, so much of any sum not allocated (6) in subsection (e)— (A) in paragraph (1), by striking those subsections those paragraphs (B) by amending paragraph (2) to read as follows: (2) Maximum amount For fiscal year 2015, the Secretary of the Interior may use not more than $1,200,000 in accordance with paragraph (1). For each fiscal year thereafter, the maximum amount that the Secretary of the Interior may use in accordance with paragraph (1) shall be determined under paragraph (3). ; and (C) by adding at the end the following: (3) Annual adjusted maximum amount The maximum amount referred to in paragraph (2) for fiscal year 2016 and each fiscal year thereafter shall be the sum of— (A) the available maximum amount for the preceding fiscal year; and (B) the amount determined by multiplying— (i) the available maximum amount for the preceding fiscal year; and (ii) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. . 3. Extension of exception to limitation on transfers to fund Section 9504(d)(2) of the Internal Revenue Code of 1986 is amended by striking 2014, 2021, 4. Recreational boating safety allocations Section 13104 5. Recreational boating safety Section 13107(c) (1) in paragraph (1)— (A) by striking subsection (a)(2) subsection (b)(1)(C) (B) by striking ( 16 U.S.C. 777c(a)(2) ( 16 U.S.C. 777c(b)(1)(C) (A) $5,000,000 is available to the Secretary for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program under this title, of which not less than $2,000,000 shall be available to the Secretary only to ensure compliance with chapter 43 (B) $200,000 is available to the Secretary to fund the National Boating Safety Advisory Council and its authorized activities; and (C) not less than $7,000,000 is available to the Secretary for national boating safety activities of national nonprofit public service organizations. ; and (2) in paragraph (3), by striking Amounts made available Except for amounts made available by paragraph (1)(C), amounts made available 6. National Boating Safety Advisory Council Section 13110(e) 2020 2021

Sport Fish Restoration and Recreational Boating Safety Act of 2014

All Year School Study Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to carry out a multi-year pilot program awarding four grants to states, local educational agencies, or other public entities to establish or expand year-round education programs at public elementary or secondary schools that focus on raising student achievement. Allows grantees to increase the salaries of teachers participating in the year-round education programs, but by no more than 100%. Requires the Secretary to give priority to grant applicants that: (1) propose to carry out year-round education activities that emphasize science, technology, engineering, and mathematics; and (2) target high-poverty areas and low-performing schools. Directs the Secretary to enter into a contract for an independent evaluation of the pilot program's effectiveness.

113 S2029 IS: All Year School Study Act U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2029 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Kirk Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To use amounts provided for the Fund for the Improvement of Education to establish a pilot program that supports year-round public elementary schools and secondary schools. 1. Short title This Act may be cited as the All Year School Study Act 2. Year-round school pilot program (a) Program authorized Section 5411 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7243 (1) in subsection (b)— (A) by redesignating paragraph (9) as paragraph (10); and (B) by inserting after paragraph (8) the following: (9) Activities to establish or expand programs providing year-round education at public elementary schools or secondary schools that— (A) focus on raising student achievement, using research- and evidence-based practices; and (B) may include increasing the salaries of teachers who agree to work in the year-round education programs by an amount not to exceed 100 percent. ; and (2) by adding at the end the following: (e) Pilot program for year-Round school activities (1) In general From the amounts described in paragraph (2), the Secretary shall carry out a multi-year pilot program that awards 4 grants, to eligible entities described in paragraph (3), to carry out the activities described in subsection (b)(9). (2) Funding limit for the pilot program (A) In general The Secretary shall use, from the amounts provided under section 5401 for fiscal years 2015 through 2018 for this subpart, a total of $4,000,000 to carry out the pilot program described in paragraph (1), subject to subparagraph (B). (B) Reservation The Secretary shall reserve 5 percent of the total amount of funds made available under subparagraph (A) to carry out the independent evaluation described in paragraph (5). (3) Eligible entities Entities described in subsection (a), except for institutions of higher education or private entities, shall be eligible for grants under this subsection. (4) Award basis In awarding grants under paragraph (1), the Secretary shall— (A) give a priority to eligible entities that— (i) propose to use grant funds to carry out year-round education activities that emphasize science, technology, engineering, and mathematics; and (ii) target the year-round education activities to be carried out under the grant to— (I) areas with large populations, or high concentrations, of low-income individuals; and (II) low-performing schools; and (B) ensure an equitable distribution of such grants across diverse geographic areas. (5) Independent evaluation The Secretary shall enter into a contract with an entity to— (A) provide an independent evaluation of the effectiveness of the pilot program carried out under this subsection; and (B) prepare and submit a report to the Secretary and Congress, by not later than 180 days after the conclusion of the pilot program under this subsection, that summarizes the results of the evaluation. (6) Rule of construction Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or school district employees under Federal, State, or local laws (including applicable regulations, court orders, or requirements that school districts negotiate, or meet and confer, in good faith) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees. .

All Year School Study Act

National Sea Grant College Program Amendments Act of 2014 - Reauthorizes the National Sea Grant College Program Act through FY2020. (Sec. 3) Removes a requirement that Department of Commerce report annually on efforts and progress made by colleges, universities, institutions, associations, and alliances to become designated as sea grant colleges or institutes. (Sec. 4) Changes from discretionary to mandatory the authority of Commerce to award Dean John A. Knauss Marine Policy Fellowships to support the placement of individuals at the graduate level of education (in fields related to ocean, coastal, and Great Lakes resources) in positions with the executive and legislative branches of the federal government. Grants first priority to placement of those legislative fellows in offices or committees of Congress that have jurisdiction over the National Oceanic and Atmospheric Administration (NOAA), and second priority to placement in offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. Requires Commerce to ensure that placements are equitably distributed among political parties. Urges the Under Secretary of Commerce for Oceans and Atmosphere to encourage participating federal agencies to consider opportunities for fellowship awardees at the conclusion of their fellowship for workforce positions appropriate for their education and experience. (Sec. 5) Requires Commerce to establish priorities for the use of donations of money and voluntary, uncompensated services for the National Sea Grant Program. Directs the National Sea Grant Office to recommend the optimal use of the donations. (Sec. 6) Repeals a reporting requirement under the National Sea Grant College Program Act Amendments of 2002 regarding the coordination of research activities by NOAA and the National Science Foundation. (Sec. 7) Requires the National Sea Grant Advisory Board to report to Congress every three years (currently, every two years) on the progress made toward meeting priorities under the Secretary's strategic plan. (Sec. 9) Authorizes additional FY2015-FY2020 appropriations designated specifically for competitive grants relating to: (1) university research on aquatic non-native species, oyster diseases, oyster restoration, oyster-related human health risks, harmful algal blooms, coastal resilience and U.S. working waterfronts and other specified regional or national priority issues, and sustainable aquaculture techniques and technologies; and (2) fishery extension activities conducted by sea grant colleges or institutes to enhance existing core program funding. Requires the Program to use authority available for the temporary assignment of personnel between federal, state, and local governments and other organizations to meet any critical staffing requirement while implementing authorized activities. Exempts costs associated with the exercise of such authority from limitations on the amount that may be used for administration of programs in a fiscal year.

113 S2030 IS: National Sea Grant College Program Amendments Act of 2014 U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2030 IN THE SENATE OF THE UNITED STATES February 12, 2014 Mr. Schatz Mr. Wicker Committee on Commerce, Science, and Transportation A BILL To reauthorize and amend the National Sea Grant College Program Act, and for other purposes. 1. Short title This Act may be cited as the National Sea Grant College Program Amendments Act of 2014 2. References to the National Sea Grant College Program Act Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Sea Grant College Program Act ( 33 U.S.C. 1121 et seq. 3. Sea grant colleges and sea grant institutes; annual report on progress Section 207 ( 33 U.S.C. 1126 4. Dean John A. Knauss Marine Policy Fellowship Section 208(b) ( 33 U.S.C. 1127(b) may shall 5. Report on coordination of oceans and coastal research activities Section 9 of the National Sea Grant College Program Act Amendments of 2002 ( 33 U.S.C. 857–20 6. National Sea Grant Advisory Board report Section 209(b) ( 33 U.S.C. 1128(b) (2) Report The Board shall report to the Congress every 3 years on the state of the national sea grant college program. The Board shall indicate in each such report the progress made toward meeting the priorities identified in the strategic plan in effect under section 204(c). The Secretary shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties under this title. . 7. Technical amendment Section 205(c) ( 33 U.S.C. 1124(c) Elegibility Eligibility 8. Authorization of appropriations (a) In general Section 212(a) ( 33 U.S.C. 1131(a) (1) in paragraph (1)— (A) by striking and (B) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (C) by adding at the end the following: (G) $72,000,000 for fiscal year 2015; (H) $75,600,000 for fiscal year 2016; (I) $79,380,000 for fiscal year 2017; (J) $83,350,000 for fiscal year 2018; (K) $87,520,000 for fiscal year 2019; and (L) $91,900,000 for fiscal year 2020. ; (2) in paragraph (2), by striking activities activities through fiscal year 2014 (3) by adding at the end the following: (3) Priority activities for fiscal years 2015 through 2020 In addition to the amounts authorized under paragraph (1), there is authorized to be appropriated for each of fiscal years 2015 through 2020 $18,000,000 for competitive grants for the following: (A) University research on the biology, prevention, and control of aquatic nonnative species. (B) University research on oyster diseases, oyster restoration, and oyster-related human health risks. (C) University research on the biology, prevention, and forecasting of harmful algal blooms. (D) University research, education, training, and extension services and activities focused on regional or national priority issues identified in the strategic plan under section 204(c)(1). (E) Fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding. . (b) Limitations Section 212(b)(1) ( 33 U.S.C. 1131(b)(1) (1) Administration (A) In general There may not be used for administration of programs under this title in a fiscal year more than 5.5 percent of the lesser of— (i) the amount authorized to be appropriated under this title for the fiscal year; or (ii) the amount appropriated under this title for the fiscal year. (B) Critical staffing requirements The Director shall use the authority under subchapter VI of chapter 33 . (c) Distribution of funds Section 212(c) ( 33 U.S.C. 1131(c) , the year in which base funding was set, 2003 (d) Conforming amendment Section 212(b)(2) ( 33 U.S.C. 1131(b)(2) or (a)(3) (a)(2)

National Sea Grant College Program Amendments Act of 2014

Ashland Breakwater Light Transfer Act - Adjusts the boundary of the Apostle Islands National Lakeshore in Wisconsin to include the Ashland Harbor Breakwater Light Addition at the end of the breakwater on Chequamegon Bay, Wisconsin. Declares that Congress does not intend for the designation of that property to create a protective perimeter or buffer zone around its boundary. Authorizes the Secretary of the department in which the Coast Guard is operating to operate, maintain, keep, locate, inspect, repair, and replace any federal aid to navigation located at the Ashland Harbor Breakwater Light for as long as it is needed for navigational purposes. Permits the Secretary to enter, at any time, the Ashland Harbor Breakwater Light or any federal aid to navigation at the Breakwater Light, for as long as such aid is needed for navigational purposes, without notice to the extent that it is not possible to provide advance notice. Authorizes the Secretary to enter into agreements with the city of Ashland and the County of Bayfield, Wisconsin, for the purpose of cooperative law enforcement and emergency services within the boundaries of the Lakeshore.

113 S2031 IS: Ashland Breakwater Light Transfer Act U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2031 IN THE SENATE OF THE UNITED STATES February 12, 2014 Ms. Baldwin Committee on Energy and Natural Resources A BILL To amend the Act to provide for the establishment of the Apostle Islands National Lakeshore in the State of Wisconsin, and for other purposes, to adjust the boundary of that National Lakeshore to include the lighthouse known as Ashland Harbor Breakwater Light, and for other purposes. 1. Short title This Act may be cited as the Ashland Breakwater Light Transfer Act 2. Boundary adjustment to include lighthouse The Act entitled An Act to provide for the establishment of the Apostle Islands National Lakeshore in the State of Wisconsin, and for other purposes. 16 U.S.C. 460w et seq. (1) In the first section as follows: (A) In subsection (a)— (i) by striking the area The area (ii) by striking ; and (B) In subsection (b), by striking the final period. (C) By inserting after 1985. (c) Ashland Harbor Breakwater Light (1) The Ashland Harbor Breakwater Light generally depicted on the map titled Ashland Harbor Breakwater Light Addition to Apostle Islands National Lakeshore (2) Congress does not intend for the designation of the property under paragraph (1) to create a protective perimeter or buffer zone around the boundary of that property. . (2) In section 3, by striking : Provided (3) In section 6 as follows: (A) By striking The lakeshore (a) In general The lakeshore . (B) By inserting this section and the provisions of (C) By adding after subsection (a) the following: (b) Federal use Rights to use a portion of the land and facilities of the lakeshore may be retained by— (1) the Army Corps of Engineers for breakwater maintenance; and (2) the Coast Guard for Federal aids to navigation (as defined in section 308(e)(4) of Public Law 89–665; 16 U.S.C. 470w–7(e)(4) (c) Cooperation The National Park Service, the Coast Guard, and the Army Corps of Engineers shall cooperate in their operations so as to not lower the standards evolved for the operation of units of the National Park System, Federal aids to navigation, and harbor maintenance under Federal law with respect to the lakeshore. (d) Clarification of authority Pursuant to existing authorities, the Secretary may enter into agreements with the City of Ashland, County of Ashland, and County of Bayfield, Wisconsin, for the purpose of cooperative law enforcement and emergency services within the boundaries of the lakeshore. .

Ashland Breakwater Light Transfer Act

Smartphone Theft Prevention Act - Amends the Communications Act of 1934 to require commercial mobile service providers to make available on mobile devices a function that an account holder may use remotely to: (1) delete or render inaccessible all information relating to the account holder that has been placed on the device; (2) render the device inoperable on the global networks of such service providers, even if the device is turned off or has the data storage medium removed; (3) prevent the device from being reactivated or reprogrammed without a passcode or similar authorization after the device has been rendered inoperable or has been subject to an unauthorized factory reset; and (4) reverse any such actions if the device is recovered by the account holder. Prohibits a mobile device from being manufactured in the United States or imported into the United States for sale or resale to the public, unless the device is configured in such a manner that a service provider may make such remote deletion and inoperability functions available on the device. Allows the Federal Communications Commission (FCC) to waive such requirements with respect to any low-cost mobile device that: (1) is intended primarily for voice-only mobile service, and (2) may have limited data consumption functions focused on text messaging or short message service. Prohibits service providers from charging a fee for making such remote deletion and inoperability functions available.

113 S2032 IS: Smartphone Theft Prevention Act U.S. Senate 2014-02-12 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 113th CONGRESS 2d Session S. 2032 IN THE SENATE OF THE UNITED STATES February 12, 2014 Ms. Klobuchar Ms. Hirono Ms. Mikulski Mr. Blumenthal Committee on Commerce, Science, and Transportation A BILL To require mobile service providers and mobile device manufacturers to give consumers the ability to remotely delete data from mobile devices and render such devices inoperable. 1. Short title This Act may be cited as the Smartphone Theft Prevention Act 2. Findings Congress finds that— (1) mobile device theft costs consumers $30,000,000,000 each year, according to the Federal Communications Commission; (2) 1 in 3 robberies include the theft of a mobile device; (3) carriers, manufacturers, law enforcement, and the Federal Communications Commission have worked to address the growing trend of mobile device theft, but more remains to be done; (4) consumers deserve to have the most secure technology available to protect them and their information; (5) technological protections continue to develop, evolve, and improve in ways that are good for the economy and the consumers of the United States, and for public safety in the United States; (6) the wireless industry should work with law enforcement to educate consumers about the security tools that are available to them and how to keep their data, their devices, and themselves safe; and (7) because engineering and security needs change rapidly, the mobile device industry, law enforcement, and consumer advocates are best suited to proactively develop solutions to protect consumers, drive innovation, and deter theft. 3. Function for stolen mobile devices (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. 343. Function for stolen mobile devices (a) Definitions In this section— (1) the term account holder (A) means the person who holds the account through which commercial mobile service or commercial mobile data service is provided on the device; and (B) includes a person authorized by the person described in subparagraph (A) to take actions with respect to the device; (2) the term commercial mobile data service 47 U.S.C. 1401 (3) the term commercial mobile service (4) the term mobile device (b) Requirements (1) Function A provider of commercial mobile service or commercial mobile data service on a mobile device shall make available on the device a function that— (A) may only be used by the account holder; and (B) includes the capability to remotely— (i) delete or render inaccessible from the device all information relating to the account holder that has been placed on the device; (ii) render the device inoperable on the network of any provider of commercial mobile service or commercial mobile data service globally, even if the device is turned off or has the data storage medium removed; (iii) prevent the device from being reactivated or reprogrammed without a passcode or similar authorization after the device has been— (I) rendered inoperable as described in clause (ii); or (II) subject to an unauthorized factory reset; and (iv) reverse any action described in clause (i), (ii), or (iii) if the device is recovered by the account holder. (2) Device standards A person may not manufacture in the United States, or import into the United States for sale or resale to the public, a mobile device unless the device is configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device may make available on the device the function required under subsection (1). (3) Exemptions for functionally equivalent technology (A) Mobile service providers The Commission may exempt a provider of commercial mobile service or commercial mobile data service on a mobile device from the requirement under paragraph (1), with respect to that device, if the provider makes available on the device technology that accomplishes the functional equivalent of the function required under paragraph (1). (B) Manufacturers and importers The Commission may exempt a person from the requirement under paragraph (2), with respect to a mobile device that the person manufactures in the United States or imports into the United States for sale or resale to the public, if the device is configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device may make available on the device technology that accomplishes the functional equivalent of the function required under paragraph (1). (4) Waiver for low-cost, voice-only mobile devices The Commission may waive the applicability of the requirements under paragraphs (1) and (2) with respect to any low-cost mobile device that— (A) is intended for primarily voice-only mobile service; and (B) may have limited data consumption functions focused on text messaging or short message service. (c) No fee A provider of commercial mobile service or commercial mobile data service on a mobile device may not charge the account holder any fee for making the function described in subsection (b)(1), or any equivalent technology described in subsection (b)(3)(A), available to the account holder. (d) Forfeiture penalty (1) In general Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated subsection (b) or (c) of this section shall be liable to the United States for a forfeiture penalty, in an amount to be determined by the Commission. (2) Other penalties A forfeiture penalty under this subsection shall be in addition to any other penalty provided for in this Act. (e) Rule of construction Nothing in this section shall be construed to prohibit a manufacturer of mobile devices, or a provider of commercial mobile service or commercial mobile data service, from taking actions not described in this section to protect consumers from the theft of mobile devices. . (b) Applicability of function requirement (1) Definition In this subsection, the term mobile device (2) Applicability Except as provided in paragraph (3), section 343 of the Communications Act of 1934, as added by subsection (a), shall apply with respect to any mobile device that, on or after January 1, 2015, is— (A) manufactured in the United States; or (B) imported into the United States for sale to the public. (3) Compliance Extensions The Federal Communications Commission may exempt a person that is subject to any requirement under section 343(b) of the Communications Act of 1934, as added by subsection (a), from that requirement for a temporary period after the date described in paragraph (2) of this subsection, upon a showing by the person that the person requires more time to be able to comply with the requirement.

Smartphone Theft Prevention Act

Reclamation Title Transfer Act of 2014 - Authorizes the Commissioner of the Bureau of Reclamation to establish a program that: (1) identifies and analyzes the potential for public benefits from the transfer of eligible facilities out of federal ownership, and (2) facilitates the transfer of such facilities to qualifying entities to promote more efficient management of water and water-related facilities. Defines: (1) "eligible facilities" as reclamation projects or facilities (including dams and appurtenant works, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated land or interests in land or water) for which the United States holds title and that meet the criteria for potential transfer established by this Act; and (2) "qualifying entity" as a state, local government, Indian tribe, municipal or quasi-municipal corporation, or other entity (such as a water district) that has the capacity to continue to manage the conveyed property for the same purposes that the property has been managed under the reclamation laws. Authorizes the Commissioner to convey an eligible facility to a qualifying entity without further authorization from Congress. Grants a qualifying entity that is operating an eligible facility at the time conveyance is being considered the right of first refusal. Authorizes the Commissioner to reserve an easement over a conveyed property if necessary for the management of any interests retained by the federal government. Directs the Commissioner to retain any mineral interests associated with a conveyed property. Requires the Commissioner to: (1) establish criteria for determining whether facilities are eligible for conveyance under this Act, including that the qualifying entity agrees to use the eligible facility for substantially the same purposes the facility is being used for at the time the transfer is being evaluated and that such a conveyance is in the financial interest of the United States; and (2) make information on how the determinations are made publicly available. Terminates the Secretary's authority to carry out such conveyances 15 years after this Act's enactment.

113 S2034 IS: Reclamation Title Transfer Act of 2014 U.S. Senate 2014-02-24 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 113th CONGRESS 2d Session S. 2034 IN THE SENATE OF THE UNITED STATES February 24, 2014 Mr. Schatz Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, and for other purposes. 1. Short title This Act may be cited as the Reclamation Title Transfer Act of 2014 2. Definitions In this Act: (1) Conveyed property The term conveyed property (2) Eligible facility (A) In general The term eligible facility (B) Inclusions The term eligible facility (3) Qualifying entity The term qualifying entity (4) Secretary The term Secretary 3. Authorization of title transfer program (a) Establishment of title transfer program The Secretary may establish a program that— (1) identifies and analyzes the potential for public benefits from the transfer out of Federal ownership of eligible facilities, including analyses of the financial, operational, and environmental characteristics of the eligible facilities proposed for transfer; and (2) facilitates the transfer to qualifying entities of the title to eligible facilities to promote more efficient management of water and water-related facilities. (b) Authorization To transfer title to eligible facilities (1) In general The Secretary, without further authorization from Congress, may convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, subject to paragraphs (2) through (6). (2) Right of first refusal If the entity that operates an eligible facility at the time that the Secretary attempts to facilitate the transfer of title under subsection (a)(2) is a qualifying entity, that entity shall have the right of first refusal to receive the conveyance under paragraph (1). (3) Reservation of easement The Secretary may reserve an easement over a conveyed property if the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this Act. (4) Mineral interests (A) Retention The Secretary shall retain any mineral interests associated with a conveyed property. (B) Management The mineral interests retained under subparagraph (A) shall be managed— (i) consistent with Federal law; and (ii) in a manner that would not interfere with the purposes for which the reclamation project was authorized. (5) Interests in water No interests in water shall be conveyed under this Act unless the conveyance is provided for in writing in an agreement between the Secretary and the qualifying entity. (6) Additional criteria Title transfers under this section shall be carried out consistent with— (A) this Act; and (B) any additional criteria or procedures that the Secretary determines to be in the public interest. (c) Restrictions on use As a condition of obtaining title to an eligible facility, the qualifying entity shall agree to use the eligible facility for substantially the same purposes the eligible facility is being used for during the period in which the eligible facility was under reclamation ownership. 4. Compliance with environmental and historic preservation laws Before conveying eligible facilities under this Act, the Secretary shall complete all actions required under all applicable laws, including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. 5. Eligibility criteria (a) Establishment The Secretary shall establish criteria for determining whether facilities are eligible for conveyance under this Act. (b) Minimum Requirements (1) Agreement of qualifying entity The criteria established under subsection (a) shall include a requirement that a qualifying entity agree— (A) to accept title to the eligible facility; (B) to accept all liability for the eligible facility, except as otherwise provided in section 6; (C) to use the eligible facility for substantially the same purposes the eligible facility is being used for at the time the Secretary evaluates the potential transfer; and (D) to provide, as consideration for the assets to be conveyed, compensation to the United States in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream the United States derives from the eligible facility to be transferred as of the date of the transfer. (2) Determinations of Secretary (A) In general The criteria established under subsection (a) shall include a requirement that the Secretary, in consultation with the Governor of any State in which the project is located, determine that the proposed transfer— (i) would not have an unmitigated significant effect on the environment; (ii) is uncomplicated, based on, as determined by the Secretary— (I) there being no significant opposition to the proposed transfer; (II) the eligible facility not being hydrologically integrated with other Federal or non-Federal water proj­ects; (III) the eligible facility not generating significant quantities of electric power sold to, or eligible to be sold to, power customers (other than the project itself); and (IV) the parties to the transfer being able to reach agreement on legal, institutional, and financial arrangements relating to the conveyance; (iii) is consistent with the responsibility of the Secretary— (I) to protect land and water resources held in trust for federally recognized Indian tribes; and (II) to ensure compliance with any applicable international treaties and interstate compacts; and (iv) is in the financial interest of the United States. (B) Publication The Secretary shall make publically available information on how the Secretary made the determinations under subparagraph (A). (3) Status of reclamation land The criteria established under subsection (a) shall require that any land to be conveyed out of Federal ownership under this Act is— (A) land acquired by the Secretary; or (B) land withdrawn by the Secretary, only if— (i) the Secretary determines in writing that the withdrawn land is encumbered by reclamation project facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and (ii) the qualifying entity agrees to pay fair market value for the withdrawn land to be conveyed. 6. Liability (a) In general Except as provided in subsection (b), effective beginning on the date of conveyance of any eligible facility under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence based on the prior ownership or operation of the conveyed property. (b) Limitation Notwithstanding subsection (a), the United States shall retain the responsibilities and authorities of the United States for a conveyed property based on the prior ownership or operation of the conveyed property by the United States under Federal environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. 7. Benefits After a conveyance of an eligible facility under this Act— (1) the conveyed property shall no longer be considered to be a part of a reclamation project; and (2) the entity to which the conveyed property is conveyed shall not be eligible to receive any benefits with respect to the conveyed property (including project power), except for benefits that would be available to a similarly situated entity with respect to property that is not part of a reclamation project. 8. Compliance with other laws (a) In general After a conveyance of title under this Act, the qualifying entity to which the property is conveyed shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of the conveyed property. (b) Effect (1) In general Nothing in this Act shall affect or interfere with— (A) the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation or for any other purpose; (B) any vested right acquired under State law; or (C) any interstate compact, decree, or negotiated water rights agreement. (2) Conformity with State law In carrying out this Act, the Secretary shall proceed in conformity with the State laws and rights acquired under State law described in paragraph (1). 9. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act such sums as are necessary. (b) Use of amounts Amounts made available under subsection (a) may be used— (1) to carry out the investigations to carry out this Act; and (2) to pay any other costs associated with conveyances under this Act, including an appropriate Federal share of the costs of compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (c) Not treated as project costs Expenditures made by the Secretary under this Act— (1) shall not be a project cost assignable to a reclamation project; and (2) shall be nonreimbursable. 10. Termination of authority The authority of the Secretary to carry out conveyances under this Act shall terminate 15 years after the date of enactment of this Act.

Reclamation Title Transfer Act of 2014

Keeping All Students Safe Act - Requires each state educational agency and local educational agency (LEA) that receives federal funds to prohibit school personnel, contractors, and resource officers from subjecting students to: (1) seclusion, (2) mechanical or chemical restraint, (3) aversive behavioral intervention that compromises student health and safety, or (4) physical restraint that is life-threatening or contraindicated based on the student's health or disability status. Excludes from the definition of "seclusion" time outs that involve the separation of a student from the group, in a non-locked setting, for the purpose of calming. Allows physical restraint only when: (1) the student's behavior poses an immediate danger of serious physical harm to the student or others; (2) the restraint does not interfere with the student's ability to communicate; and (3) the restraint occurs after less restrictive interventions have proven ineffective in stopping the danger, except in certain emergencies when immediate restraint is necessary.Requires school personnel imposing physical restraint to: (1) be trained and certified by a state-approved crisis intervention training program, though others may impose such restraint in certain instances when trained personnel are not immediately available; and (2) engage in continuous face-to-face monitoring of the restrained student. Requires: the parents of a physically restrained student to be notified on the day such restraint occurs; a debriefing session to be held as soon as practicable in which the person who imposed the restraint, the immediate adult witnesses, a school administrator, a school mental health professional, and at least one of the student's family members participate; the affected student to be given an opportunity to discuss the event with a trusted adult who will communicate the student's perspective to the debriefing session group; and the state educational agency, the LEA, local law enforcement, and any protection and advocacy system serving an affected student to be notified within 24 hours of any death or bodily injury that occurs in conjunction with efforts to control a student's behavior. Authorizes a student to file a civil action seeking relief from the use of seclusion or restraint on the student in violation of this Act. Authorizes the Secretary of Education to award grants to states and, through them, competitive subgrants to LEAs to: (1) establish, implement, and enforce policies and procedures to meet this Act's requirements; (2) improve their capacity to collect and analyze data related to physical restraint; and (3) implement school-wide positive behavioral interventions and supports. Requires states to allow private school personnel to participate, on an equitable basis, in activities supported by such grants and subgrants.

113 S2036 IS: Keeping All Students Safe Act U.S. Senate 2014-02-24 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 113th CONGRESS 2d Session S. 2036 IN THE SENATE OF THE UNITED STATES February 24, 2014 Mr. Harkin Mr. Murphy Ms. Ayotte Committee on Health, Education, Labor, and Pensions A BILL To protect all school children against harmful and life-threatening seclusion and restraint practices. 1. Short title This Act may be cited as the Keeping All Students Safe Act 2. Definitions In this Act: (1) Applicable program The term applicable program (2) Chemical restraint The term chemical restraint (A) prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and (B) administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law. (3) ESEA definitions The terms— (A) Department educational service agency elementary school local educational agency parent secondary school State State educational agency 20 U.S.C. 7801 (B) school resource officer school personnel 20 U.S.C. 7161 (4) Federal financial assistance The term Federal financial assistance (A) funds; (B) services of Federal personnel; or (C) real and personal property or any interest in or use of such property, including— (i) transfers or leases of such property for less than fair market value or for reduced consideration; and (ii) proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal Government. (5) Free appropriate public education For those students eligible for special education and related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. free appropriate public education (6) Mechanical restraint The term mechanical restraint (A) has the meaning given the term in section 595(d)(1) of the Public Health Service Act (42 U.S.C. 290jj(d)(1)), except that the meaning shall be applied by substituting student's resident's (B) does not mean devices used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, including— (i) restraints for medical immobilization; (ii) adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or (iii) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle. (7) Physical escort The term physical escort (8) Physical restraint The term physical restraint (9) Positive behavioral interventions and supports The term positive behavioral interventions and supports (A) means a school-wide systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes, and increase learning for all students, including those with the most complex and intensive behavioral needs; and (B) encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors, diminish reoccurrence of challenging behaviors, and teach appropriate behaviors to students. (10) Protection and advocacy system The term protection and advocacy system 42 U.S.C. 15041 et seq. (11) Seclusion The term seclusion (A) means the isolation of a student in a room, enclosure, or space that is— (i) locked; or (ii) unlocked and the student is prevented from leaving; and (B) does not include a time out. (12) Secretary The term Secretary (13) State-approved crisis intervention training program The term State-approved crisis intervention training program (A) in the prevention of the use of physical restraint; (B) in keeping both school personnel and students safe in imposing physical restraint in a manner consistent with this Act; (C) in the use of data-based decisionmaking and evidence-based positive behavioral interventions and supports, safe physical escort, conflict prevention, behavioral antecedents, functional behavioral assessments, de-escalation of challenging behaviors, and conflict management; (D) in first aid, including the signs of medical distress, and cardiopulmonary resuscitation; and (E) certification for school personnel in the practices and skills described in subparagraphs (A) through (D), which shall be required to be renewed on a periodic basis. (14) Student The term student (A) is enrolled in a public school; (B) is enrolled in a private school and is receiving a free appropriate public education at the school under subparagraph (B) or (C) of section 612(a)(10) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(10)(B) (C) is enrolled in a Head Start or Early Head Start program supported under the Head Start Act (42 U.S.C. 9831); or (D) receives services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 (15) Time out The term time out 3. Purpose The purposes of this Act are— (1) to promote the development of effective intervention and prevention practices that do not use restraints and seclusion; (2) to protect all students from physical or mental abuse, aversive behavioral interventions that compromise health and safety, and any restraint imposed for purposes of coercion, discipline or convenience, or as a substitute for appropriate educational or positive behavioral interventions and supports; (3) to ensure that staff are safe from the harm that can occur from inexpertly using restraints; and (4) to ensure the safety of all students and school personnel and promote positive school culture and climate. 4. Minimum standards; rule of construction Each State and local educational agency receiving Federal financial assistance shall have in place policies that are consistent with the following: (1) Prohibition of certain action School personnel, contractors, and resource officers are prohibited from imposing on any student— (A) seclusion; (B) mechanical restraint; (C) chemical restraint; (D) aversive behavioral interventions that compromise health and safety; (E) physical restraint that is life-threatening, including physical restraint that restricts breathing; and (F) physical restraint if contraindicated based on the student’s disability, health care needs, or medical or psychiatric condition, as documented in a health care directive or medical management plan, a behavior intervention plan, an individualized education program or an individualized family service plan (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), or plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (2) Physical restraint (A) In general Physical restraint may only be implemented if— (i) the student’s behavior poses immediate danger of serious physical harm to self or others; (ii) the physical restraint does not interfere with the student’s ability to communicate in the student's primary language or mode of communication; and (iii) less restrictive interventions have been ineffective in stopping the immediate danger of serious physical harm to the student or others, except in a case of a rare and clearly unavoidable emergency circumstance posing immediate danger of serious physical harm. (B) Least amount of force necessary When implementing a physical restraint, staff shall use only the amount of force necessary to protect the student or others from the threatened injury. (C) End of physical restraint The use of physical restraint shall end when— (i) a medical condition occurs putting the student at risk of harm; (ii) the student’s behavior no longer poses immediate danger of serious physical harm to the student or others; or (iii) less restrictive interventions would be effective in stopping such immediate danger of serious physical harm. (D) Qualifications of individuals engaging in physical restraint School personnel imposing physical restraint in accordance with this subsection shall— (i) be trained and certified by a State-approved crisis intervention training program, except in the case of rare and clearly unavoidable emergency circumstances when school personnel trained and certified are not immediately available due to the unforeseeable nature of the emergency circumstance; (ii) engage in continuous face-to-face monitoring of the student; and (iii) be trained in State and school policies and procedures regarding restraint and seclusion. (E) Prohibition on use of physical restraint as planned intervention (i) In general Except as provided in clause (ii), the use of physical restraints as a planned intervention shall not be written into a student’s education plan, individual safety plan, plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 20 U.S.C. 1401 (ii) Exception The use of physical restraints as a planned intervention may be written into a student’s individualized education program, individual safety plan, or plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (I) have considered less restrictive means to address behavioral concerns that would meet the emergency standard described in subparagraph (A) and, when using such physical restraints in an emergency, meet the conditions described in subparagraphs (B), (C), and (D); and (II) have conducted a research-based, individualized functional behavioral analysis and implemented a corresponding positive intervention plan based on such functional behavioral analysis that— (aa) addresses preventative measures used to reduce or prevent emergencies; and (bb) is written into the student’s individualized education program, individual safety plan, or plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (3) Other policies (A) In general The State or local educational agency, and each school and educational program served by the State or local educational agency shall— (i) establish policies and procedures that ensure school personnel and parents, including private school personnel and parents, are aware of the State, local educational agency, and school's policies and procedures regarding seclusion and restraint; (ii) establish policies and procedures to keep all students, including students with the most complex and intensive behavioral needs, and school personnel safe; (iii) establish policies and procedures for planning for the appropriate use of restraint in crisis situations in accordance with this Act by a team of professionals trained in accordance with a State-approved crisis intervention training program; and (iv) establish policies and procedures to be followed after each incident involving the imposition of physical restraint upon a student, including— (I) procedures to provide to the parent of the student, with respect to each such incident— (aa) a verbal or electronic communication on the same day as each such incident; and (bb) within 24 hours of each such incident, written notification; and (II) after the imposition of physical restraint upon a student, procedures to ensure that— (aa) the person who imposed the restraint, the immediate adult witnesses, a representative of the administration, a school mental health professional, and at least 1 family member of the student participate in a debriefing session; and (bb) the student who was restrained is given the opportunity to discuss the student's perspective about the event with a trusted adult who will communicate to the debriefing session group. (B) Debriefing session (i) In general (I) Timing The debriefing session described in subparagraph (A)(iv)(II) shall occur as soon as practicable, but not later than 5 school days following the imposition of physical restraint unless it is delayed by written mutual agreement of the parent and school. (II) Observations by school personnel Each adult witness in the proximity of the student immediately before and during the time of the physical restraint but not directly involved shall submit the witness's observations in writing for the debriefing session. (III) Parental legal rights Parents shall retain their full legal rights for children under the age of majority concerning participation in the debriefing or other matters. (ii) Content of session The debriefing session described in subparagraph (A)(iv)(II) shall include— (I) identification of antecedents to the physical restraint; (II) consideration of relevant information in the student’s records, and such information from teachers, other professionals, the parent, and student; (III) planning to prevent and reduce reoccurrence of the use of physical restraint, including consideration of the results of any functional behavioral assessments, whether positive behavior plans were implemented with fidelity, recommendations of appropriate positive behavioral interventions and supports to assist personnel responsible for the student’s educational plan, the individualized education program for the student, if applicable, and plans providing for reasonable accommodations under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (IV) a plan to have a functional behavioral assessment conducted, reviewed, or revised by qualified professionals, the parent, and the student; and (V) for any student not identified as eligible to receive accommodations under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 20 U.S.C. 1400 et seq. (iii) Communication by the student When a student attends a debriefing session described in subparagraph (A)(iv)(II), information communicated by the student may not be used against the student in any disciplinary, criminal, or civil investigation or proceeding. (4) Notification in writing on death or bodily injury In a case in which bodily injury or death of a student occurs in conjunction with the use of physical restraint or any intervention used to control behavior, there are procedures to notify, in writing, within 24 hours after such injury or death occurs— (A) the State educational agency and local educational agency; (B) local law enforcement; and (C) a protection and advocacy system, in the case of a student who is eligible for services from the protection and advocacy system. (5) Prohibition against retaliation The State or local educational agency, each school and educational program served by the State or local educational agency, and school personnel of such school or program shall not retaliate against any person for having— (A) reported a violation of this section or Federal or State regulations or policies promulgated to carry out this section; or (B) provided information regarding a violation of this section or Federal or State regulations or policies promulgated to carry out this section. 5. Interactions; Rules of construction (a) Rules of construction (1) Rights and remedies of students and parents Nothing in this Act shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal or State law (including regulations) or to restrict or limit stronger restrictions on the use of restraint, seclusion, or aversives in Federal or State law (including regulations) or in State policies. (2) Restrictions on secretarial prohibitions Nothing in this Act shall be construed to authorize the Secretary to promulgate regulations prohibiting the use of— (A) time outs; or (B) devices implemented by trained school personnel, or utilized by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, including— (i) restraints for medical immobilization; (ii) adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or (iii) vehicle safety restraints when used as intended during the transport of students in a moving vehicle. (b) Denial of a free appropriate public education Failure to meet the minimum standards of this Act as applied to an individual child eligible for accommodations developed pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or for education or related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (c) Exhaustion of due process (1) In general A student may file a civil action under the Constitution, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 791 et seq. (2) Nonapplicability Section 615(l) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1415(l) 6. Report requirements (a) In general Each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 20 U.S.C. 1232g (1) The total number of incidents in which physical restraint was imposed upon a student in the preceding full academic year. (2) The information described in paragraph (1) shall be disaggregated— (A) by the total number of incidents in which physical restraint was imposed upon a student— (i) that resulted in injury to students or school personnel, or both; (ii) that resulted in death; and (iii) in which the school personnel imposing physical restraint were not trained and certified as described in section 4(2)(D)(i); and (B) by the demographic characteristics of all students upon whom physical restraint was imposed, including— (i) the subcategories identified in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(i) (ii) age; and (iii) disability category. (b) Unduplicated count; exception The disaggregation required under subsection (a) shall— (1) be carried out in a manner to ensure an unduplicated count of the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student; and (2) not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student. 7. Grant authority (a) In general From the amount appropriated under section 10, the Secretary may award grants to State educational agencies to assist in— (1) establishing, implementing, and enforcing the policies and procedures to meet the minimum standards described in this Act; (2) improving State and local capacity to collect and analyze data related to physical restraint; and (3) improving school climate and culture by implementing school-wide positive behavioral interventions and supports. (b) Duration of grant A grant under this section shall be awarded to a State educational agency for a 3-year period. (c) Application Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on how the State educational agency will target resources to schools and local educational agencies in need of assistance related to preventing and reducing physical restraint. (d) Authority To make subgrants (1) In general A State educational agency receiving a grant under this section may use such grant funds to award subgrants, on a competitive basis, to local educational agencies. (2) Application A local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (e) Private school participation (1) In general A State educational agency receiving grant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel can participate, on an equitable basis, in activities supported by grant or subgrant funds. (2) Public control of funds The control of funds provided under this section, and title to materials, equipment, and property with such funds, shall be in a public agency and a public agency shall administer such funds, materials, equipment, and property. (f) Required activities A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following: (1) Researching, developing, implementing, and evaluating evidence-based strategies, policies, and procedures to reduce and prevent physical restraint in schools, consistent with the minimum standards described in this Act. (2) Providing professional development, training, and certification for school personnel to meet such standards. (g) Additional authorized activities In addition to the required activities described in subsection (f), a State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section may use such grant or subgrant funds for one or more of the following: (1) Developing and implementing a high-quality professional development and training program to implement evidence-based systematic approaches to school-wide positive behavioral interventions and supports, including improving coaching, facilitation, and training capacity for administrators, teachers, specialized instructional support personnel, and other staff. (2) Providing technical assistance to develop and implement evidence-based systematic approaches to school-wide positive behavioral interventions and supports, including technical assistance for data-driven decisionmaking related to positive behavioral interventions and supports in the classroom. (3) Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement school-wide positive behavioral interventions and supports with fidelity. (4) Supporting other local positive behavioral interventions and supports implementation activities consistent with this subsection. (h) Evaluation and report Each State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant— (1) evaluate the State’s progress toward the prevention and reduction of physical restraint in the schools located in the State, consistent with the minimum standards; and (2) submit to the Secretary a report on such progress. 8. Enforcement (a) Use of remedies If a State educational agency fails to comply with the requirements under this Act, the Secretary shall— (1) withhold, in whole or in part, further payments under an applicable program in accordance with section 455 of the General Education Provisions Act (20 U.S.C. 1234d); (2) require a State or local educational agency to submit, and implement, within 1 year of such failure to comply, a corrective plan of action, which may include redirection of funds received under an applicable program; (3) issue a complaint to compel compliance of the State or local educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act (20 U.S.C. 1234e); or (4) refer the State to the Department of Justice or Department of Education Office of Civil Rights for an investigation. (b) Cessation of withholding of funds Whenever the Secretary determines (whether by certification or other appropriate evidence) that a State or local educational agency that is subject to the withholding of payments under subsection (a)(1) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments with respect to the State educational agency under such subsection. 9. Applicability (a) Private schools Nothing in this Act shall be construed to affect any private school that does not receive, or does not serve students who receive, support in any form from any program supported, in whole or in part, with funds provided by the Department of Education. (b) Home schools Nothing in this Act shall be construed to— (1) affect a home school, whether or not a home school is treated as a private school or home school under State law; or (2) consider a parent who is schooling a child at home as school personnel. 10. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2015 and each of the 4 succeeding fiscal years.

Keeping All Students Safe Act

Critical Access Hospital Relief Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to repeal the 96-hour physician certification requirement for inpatient critical access hospital services under which a physician must certify that a patient may reasonably be expected to be discharged or transferred to a hospital within 96 hours after admission to the critical access hospital.

113 S2037 IS: Critical Access Hospital Relief Act of 2014 U.S. Senate 2014-02-24 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 113th CONGRESS 2d Session S. 2037 IN THE SENATE OF THE UNITED STATES February 24, 2014 Mr. Roberts Mr. Tester Mr. Inhofe Mr. Durbin Mr. Enzi Ms. Baldwin Mr. Moran Mr. Franken Mr. Grassley Mr. Barrasso Mrs. Fischer Ms. Collins Mr. Johanns Ms. Klobuchar Mr. Hoeven Mr. Kirk Committee on Finance A BILL To amend title XVIII of the Social Security Act to remove the 96-hour physician certification requirement for inpatient critical access hospital services. 1. Short title This Act may be cited as the Critical Access Hospital Relief Act of 2014 2. Removing Medicare 96-hour physician certification requirement for inpatient critical access hospital services (a) In general Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) (1) in paragraph (6), by adding and (2) in paragraph (7), at the end of subparagraph (D)(ii), by striking and (3) by striking paragraph (8). (b) Application The amendments made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2014.

Critical Access Hospital Relief Act of 2014

Solutions to Long-Term Unemployment Act - Amends the Internal Revenue Code to exclude from the definition of full-time employee, for purposes of the employer mandate to provide minimum essential health care coverage, any individual who is a long-term unemployed individual. Defines "long-term unemployed individual" as an individual who: (1) begins employment after enactment of this Act, and (2) has been unemployed for 27 weeks or longer. Exempts from the payment of old-age, survivors, and disability insurance (OASDI), hospital insurance, and railroad retirement taxes any employers who employ long-term unemployed individuals for specified period. Makes appropriations to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund in amounts equal to the reduction in revenues by reason of this exemption. Authorizes the Secretary to issue employment relocation loans of up to $10,000 to long-term unemployed individuals to enable them to relocate to a residence: (1) more than 50 miles away from their initial residence in order to allow them to begin a new job; or (2) in a state or metropolitan area that is not the location of their initial residence, and that has an unemployment rate two or more percentage points less than the unemployment rate of the state or metropolitan area of their initial residence. Authorizes the Secretary to forgive any remaining amount of interest and principal due on a loan in any case where the individual's new job is eliminated within the first year of employment through no fault of the individual. Supporting Knowledge and Investing in Lifelong Skills Act or SKILLS Act - Amends the Workforce Investment Act of 1998 (WIA) to revise requirements and reauthorize appropriations for: (1) WIA title I, workforce investment systems for job training and employment services; and (2) WIA title II, adult education and family literacy education programs. Revises requirements to: (1) eliminate representatives of labor organizations from state workforce investment boards, and (2) specify that representatives of business on a board represent large and small businesses each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the state economy. Requires a state board to assist the state governor by developing: (1) policies and programs that support a comprehensive statewide workforce development system, and (2) a statewide workforce and labor market information system. Revises requirements for: (1) a state workforce development plan; (2) local workforce investment areas, boards, and plans; (3) one-stop delivery systems; and (4) the allotment of federal funds among states for employment and training activities. Eliminates specific funding for adult and dislocated worker employment and training. Specifies state use of federal funds to set up a Workforce Investment Fund. Revises requirements for: (1) within state allocations of funds; and (2) the use of funds for state and local employment and training activities, including statewide rapid response, individuals with barriers to employment grants, and adults with barriers to employment grants. Converts the national emergency grants program into a national dislocated worker grants program. Authorizes the Secretary to award national dislocated worker grants to spouses of active duty members of the Armed Forces or full-time duty members of the National Guard (or members who recently separated from such duties) and are in need of employment and training assistance to obtain or retain employment. Requires the Employment and Training Administration of the Department of Labor to be the principal agency to administer WIA title I workforce investment systems for job training and employment services. Prohibits the use of funds for lobbying (with specified exceptions) and political activities (including voter registration activities). Adult Education and Family Literacy Education Act - Revises requirements for the state unified plan for adult education and literacy programs. Amends the Wagner-Peyser Act to eliminate the U.S. Employment Service. Replaces the nationwide employment statistics system, which the Secretary is required to oversee, with a nationwide workforce and labor market information system. Repeals the Youth Conservation Corps Act of 1970 and specified other laws. Amends the Food and Nutrition Act of 2008 to require employment and training services to eligible members of households participating in the supplemental nutrition assistance program be provided through the statewide workforce development system, including the one-stop delivery system. Amends the Immigration and Nationality Act (INA) with respect to employment and training services for refugees, and the Second Chance Act of 2007 as well as the Omnibus Crime Control and Safe Streets Act of 1968 with respect to such services through the statewide workforce investment system for federal, state, and local prisoner reentry programs. Amends the Rehabilitation Act of 1973 (RA73) to: (1) redesignate the Commissioner of the Rehabilitation Services Administration the Director, and (2) require an eligible state to use a certain percentage of the federal share of the cost of vocational rehabilitation services to award grants to pay for the federal share of the cost of carrying out collaborative programs, create practical job and career readiness and training programs, and provide job placements and career advancement. Repeals the authority of the Commissioner of the Rehabilitation Services Administration in the Department of Education to make grants and contracts for: (1) vocational rehabilitation services to individuals with disabilities who are migrant or seasonal farmworkers; (2) recreational programs for such individuals; and (3) in-service training of vocational rehabilitation personnel. Repeals title VI (Employment Opportunities for Individuals with Disabilities) of the RA73. Revises requirements and reauthorizes appropriations for vocational rehabilitation services under the RA73. Directs the Comptroller General (GAO) to report to Congress on whether, before receiving workforce investment system training services, adults and dislocated workers have first exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965. Directs the Comptroller General to report to Congress a determination of the amount of administrative costs savings at the federal and state levels as a result of workforce investment system programs repealed or consolidated under this Act. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to decrease from $492.356 billion to $482.356 billion the nondefense discretionary spending limit for FY2014.

113 S2038 IS: Solutions to Long-Term Unemployment Act U.S. Senate 2014-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2038 IN THE SENATE OF THE UNITED STATES February 25, 2014 Mr. Thune Committee on Finance A BILL To provide for the extension of certain unemployment benefits, and for other purposes. 1. Short title This Act may be cited as the Solutions to Long-Term Unemployment Act I Exemption from Affordable Care Act mandate for long-term unemployed 101. Long-term unemployed individuals not taken into account for employer health care coverage mandate (a) In general Paragraph (4) of section 4980H(c) (C) Exception for long-term unemployed individuals The term full-time employee . (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2013. II Employer payroll tax holiday for long-term unemployed 201. Employer payroll tax holiday for long-term unemployed individuals (a) In general Subsection (d) of section 3111 (d) Special rule for long-Term unemployed individuals (1) In general Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the applicable period of any long-term unemployed individual for services performed— (A) in a trade or business of such employer, or (B) in the case of an employer exempt from taxation under section 501(a), in furtherance of activities related to the purpose or function constituting the basis of the employer's exemption under section 501. (2) Qualified employer For purposes of this subsection— (A) In general The term qualified employer (B) Treatment of employees of post-secondary educational institutions Notwithstanding subparagraph (A), the term qualified employer (3) Long-term unemployed individual For purposes of this subsection, the term long-term unemployed individual (A) begins employment with such employer after the date of the enactment of the Solutions to Long-Term Unemployment Act (B) has been unemployed for 27 weeks or longer, as determined by the Secretary of Labor, immediately before the date such employment begins. (4) Applicable period The term applicable period Solutions to Long-Term Unemployment Act (A) the date that is 2 years after such date of enactment, or (B) the first day of the first month after the date on which the Secretary of Labor certifies that the total number of individuals in the United States who have been unemployed for 27 weeks or longer is less than 2,000,000. (5) Election An employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require. . (b) Coordination with work opportunity credit Section 51(c)(5) of the Internal Revenue Code of 1986 is amended to read as follows: (5) Coordination with payroll tax forgiveness The term wages . (c) 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 (d) Application to railroad retirement taxes (1) In general Subsection (c) of section 3221 (c) Special rule for long-Term unemployed individuals (1) In general In the case of compensation paid by an employer during the applicable period, with respect to having a long-term unemployed individual in the employer's employ for services rendered to such employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. (2) Qualified employer For purposes of this subsection, the term qualified employer (3) Long-term unemployed individual For purposes of this subsection, the term long-term unemployed individual (A) begins employment with such employer after the date of the enactment of the Solutions to Long-Term Unemployment Act (B) has been unemployed for 27 weeks or longer, as determined by the Secretary of Labor, immediately before the date such employment begins. (4) Applicable period The term applicable period Solutions to Long-Term Unemployment Act (A) the date that is 2 years after such date of enactment, or (B) the first day of the first month after the date on which the Secretary of Labor certifies that the total number of individuals in the United States who have been unemployed for 27 weeks or longer is less than 2,000,000. (5) Election An employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require. . (2) Transfers to social security equivalent benefit account There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (e) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this subsection shall apply to wages paid after the date of the enactment of this Act. (2) Railroad retirement taxes The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act. III Employment relocation loans 301. Employment relocation loans (a) Loans authorized From amounts made available to carry out this section, the Secretary may issue loans, with the interest rates, terms, and conditions provided in this section, to long-term unemployed individuals selected from applications submitted under subsection (b)(1), in order to enable each selected individual to relocate to— (1) a residence more than 50 miles away from the individual's initial residence, to allow such individual to begin a new job for which the individual has received and accepted an offer of employment; or (2) a residence in a State or metropolitan area that— (A) is not the State or metropolitan area of the individual's initial residence; and (B) has an unemployment rate that is 2 or more percentage points less than the unemployment rate of the State or metropolitan area, respectively, of the individual's initial residence. (b) Selection process and eligibility (1) Application A long-term unemployed individual who desires a loan under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Limited eligibility A long-term unemployed individual may receive only 1 loan under this section. (c) Loan terms A loan issued under this section to a long-term unemployed individual shall be— (1) in an amount of $10,000 or less; and (2) evidenced by a note or other written agreement that— (A) provides for repayment of the principal amount of the loan in installments over a 10-year period beginning on the date on which the loan is issued, except that no installments shall be required for the first year of the loan period; (B) provides for interest to be calculated and accrue on the loan at the rate determined under subsection (d); and (C) allows such individual to accelerate, without penalty, the repayment of the whole or any part of the loan. (d) Interest rate The interest rate for a loan issued under this section shall— (1) be the rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to the date on which the loan is issued; and (2) be a fixed interest rate for the period of the loan. (e) Loan forgiveness Notwithstanding subsection (c)(2)(A), the Secretary may forgive the remaining amount of interest and principal due on a loan made under this section to a long-term unemployed individual for the purpose described in subsection (a)(1) in any case where the new job for which the individual relocates is eliminated within the first year of the individual's employment through no fault of the individual. (f) Definitions In this section: (1) Initial residence The term initial residence (2) Long-term unemployed individual The term long-term unemployed individual (3) Secretary The term Secretary (4) States The term State (g) Limited authority The Secretary's authority to issue loans under subsection (a) shall terminate on the earlier of— (1) the date that is 2 years after the date of enactment of this Act; or (2) the date that is 1 month after the date on which the Secretary determines that the total number of long-term unemployed individuals in the United States is less than 2,000,000. IV Supporting Knowledge and Investing in Lifelong Skills 401. Short title This title may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act SKILLS Act 402. References Except as otherwise expressly provided, wherever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. 403. Application to fiscal years Except as otherwise provided, this title and the amendments made by this title shall apply with respect to fiscal year 2015 and succeeding fiscal years. A Amendment to the Workforce Investment Act of 1998 1 Workforce Investment Definitions 406. Definitions Section 101 ( 29 U.S.C. 2801 (1) by striking paragraph (2) and inserting the following: (2) Adult education and family literacy education activities The term adult education and family literacy education activities ; (2) by striking paragraphs (13) and (24); (3) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (4) by striking paragraphs (52) and (53); (5) by inserting after In this title: (1) Accrued expenditures The term accrued expenditures (A) charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; (B) charges incurred for services performed by employees, contractors, subgrantees, subcontractors, and other payees; and (C) other amounts becoming owed, under programs assisted under this title, for which no current services or performance is required, such as amounts for annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs ; (6) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the The (7) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school ; (8) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) 8th grade level (9) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training a significant portion of the cost of training, as determined by the local board involved (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board or Governor, respectively, determines to be appropriate (10) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) section 121(e) (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) 134(c)(4) (ii) by striking intensive services described in section 134(d)(3) work ready services described in section 134(c)(2) (C) in subparagraph (C), by striking or (D) in subparagraph (D), by striking the period and inserting ; or (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code) who meets the criteria described in paragraph (12)(B). ; (11) in paragraph (12)(A) (as redesignated)— (A) by striking and or (B) by striking (A) (A)(i) (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (12) in paragraph (13) (as so redesignated), by inserting or regional local (13) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) section 122 (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C); (14) in paragraph (15) (as so redesignated), by striking adult or dislocated worker individual (15) in paragraph (20), by striking The Subject to section 116(a)(1)(E), the (16) in paragraph (25)— (A) in subparagraph (B), by striking higher of— poverty line for an equivalent period; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ; (17) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, (18) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. ; (19) in paragraph (38), by striking 134(a)(1)(A) 134(a)(1)(B) (20) in paragraph (41), by striking , and the term means such Secretary for purposes of section 503 (21) in paragraph (43), by striking clause (iii) or (v) of section 136(b)(3)(A) section 136(b)(3)(A)(iii) (22) by amending paragraph (49) to read as follows: (49) Veteran The term veteran ; (23) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education ; (24) in paragraph (51), by striking , and a youth activity (25) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) A secondary school dropout. (ii) A youth in foster care (including youth aging out of foster care). (iii) A youth offender. (iv) A youth who is an individual with a disability. (v) A migrant youth. (53) Industry or sector partnership The term industry or sector partnership (A) a State board or local board; and (B) one or more industry or sector organizations, and other entities, that have the capability to help the State board or local board determine the immediate and long-term skilled workforce needs of in-demand industries or sectors and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential (55) Pay-for-performance contract strategy The term pay-for-performance contract strategy (A) the core indicators of performance described in subclauses (I) through (IV) and (VI) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed-to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider, which may be used to expand the capacity of such provider; (C) the ability for an eligible provider to recoup the costs of providing the activities for a program participant who has not achieved those levels, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). (56) Recognized postsecondary credential The term recognized postsecondary credential (57) Registered apprenticeship program The term registered apprenticeship program . 2 Statewide and Local Workforce Investment Systems 411. Purpose Section 106 ( 29 U.S.C. 2811 It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of taxpayer funds. 412. State workforce investment boards Section 111 (29 U.S.C. 2821) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) section 117(b)(2)(A) (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 ; (2) in subsection (c), by striking (b)(1)(C)(i) (b)(1)(B)(i) (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, the State board shall develop a State plan. (2) Statewide workforce development system The State board shall review and develop statewide policies and programs in the State in a manner that supports a comprehensive statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional amounts for additional activities or programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system The State board shall develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) (4) Employer engagement The State board shall develop strategies, across local areas, that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas The State board shall designate local areas as required under section 116. (6) One-stop delivery system The State board shall identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight The State board shall conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures The State board shall develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken vote (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and on a regular basis through 413. State plan Section 112 (29 U.S.C. 2822)— (1) in subsection (a)— (A) by striking 127 or (B) by striking 5-year strategy 3-year strategy (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training services providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training services relate to in-demand industries and other occupations important to the State economy; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of and an assurance regarding common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) an assurance that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within 1 year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, (E) in paragraph (11), by striking under sections 127 and 132 under section 132 (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) 111(e) (I) in paragraph (13) (as so redesignated), by striking 134(c) 121(e) (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) 116(a)(3) (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii)— (aa) by striking to dislocated workers (bb) by inserting and additional assistance rapid response activities (II) in clause (iii), by striking 134(d)(4) 134(c)(4) (III) by striking and (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794d), include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility for individuals with disabilities to programs and services under this subtitle; ; and (ii) in subparagraph (B), by striking to the extent practicable in accordance with the requirements of the Jobs for Veterans Act (Public Law 107–288) and the amendments made by such Act (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across a targeted cluster of multiple firms for a range of workers employed or potentially employed by the industry or sector— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in the industry or sector; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; and (C) to address critical skill gaps within and across industries and sectors; (19) a description of how the State will utilize technology, to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided by the State for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with nonprofit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the costs of infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials, such as industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist in and expedite reintegration of homeless veterans into the labor force; and (C) the veterans population to be served in the State. ; (3) in subsection (c), by striking period, that— period, that the plan is inconsistent with the provisions of this title. (4) in subsection (d), by striking 5-year 3-year 414. Local workforce investment areas Section 116 (29 U.S.C. 2831) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general (A) Process In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall— (i) support the statewide workforce development system developed under section 111(d)(2), enabling the system to meet the workforce needs of the State and its local areas; (ii) include consultation, prior to the designation, with chief elected officials; (iii) include consideration of comments received on the designation through the public comment process as described in section 112(b)(9); and (iv) require the submission of an application for approval under subparagraph (B). (B) Application To obtain designation of a local area under this paragraph, a local or regional board (or consortia of local or regional boards) seeking to take responsibility for the area under this Act shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including— (i) a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers; (ii) a description of how the local area is consistent or aligned with— (I) service delivery areas (as determined by the State); (II) labor market areas; and (III) economic development regions; (iii) a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area and available to meet the needs of the local workforce; (iv) a description of the distance that individuals will need to travel to receive services provided in such local area; and (v) any other criteria that the State board may require. (C) Priority In designating local areas under this paragraph, a State board shall give priority consideration to an area proposed by an applicant demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions. (D) Alignment with local plan A State may designate an area proposed by an applicant as a local area under this paragraph for a period not to exceed 3 years. (E) References For purposes of this Act, a reference to a local area— (i) used with respect to a geographic area, refers to an area designated under this paragraph; and (ii) used with respect to an entity, refers to the applicant. ; (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3); (D) by striking paragraph (4); (E) by redesignating paragraph (5) as paragraph (3); and (F) in paragraph (3) (as so redesignated), by striking (2) or (3) (1) (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. (B) in paragraph (2), by striking employment statistics workforce and labor market information 415. Local workforce investment boards Section 117 (29 U.S.C. 2832) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— representatives include representatives (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) the superintendent or other employee of the local educational agency who has primary responsibility for secondary education, the presidents or chief executive officers of postsecondary educational institutions (including a community college, where such an entity exists), or administrators of local entities providing adult education and family literacy education activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority A 2/3 (ii) by striking (2)(A)(i) (2)(A) (C) in paragraph (5), by striking (2)(A)(i) (2)(A) (2) in subsection (c)— (A) in paragraph (1), by striking subparagraph (C); and (B) in paragraph (3)(A)(ii), by striking paragraphs (1) through (7) paragraphs (1) through (8) (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). (B) Existing analysis In carrying out requirements of subparagraph (A)(i), a local board shall use an existing analysis, if any, by the local economic development entity or related entity. (3) Employer engagement The local board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (ii) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in clause (i). (iii) Disbursal The local grant recipient or an entity designated under clause (ii) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under clause (ii) shall disburse the funds immediately on receiving such direction from the local board. (C) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (D) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcomes of such eligible providers using the criteria under section 122(b)(2), and designate such eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the program year following the review. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system, in the local area, authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including access in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and regular basis through (B) by striking and the award of grants or contracts to eligible providers of youth activities, (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) section 134(c)(4) (B) by striking paragraph (2) and inserting the following: (2) Work ready services; designation or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken vote (7) by striking subsections (h) and (i). 416. Local plan Section 118 (29 U.S.C. 2833) is amended— (1) in subsection (a), by striking 5-year 3-year (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under subclauses (I) through (IV) of section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services described in section 117(d)(8) and provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry or sector— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in the targeted industry or sector; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries and sectors; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide workforce investment activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community, and with transition services (as defined under section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 (B) consistent with section 188 and Executive Order No. 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration into the workplace; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794d), include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility for individuals with disabilities to programs and services under this subtitle; (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (11) an identification of the entity responsible for the disbursal of grant funds described in section 117(d)(4)(B)(iii), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials, such as industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist in and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the one-stop career system described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily completed related training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; and (3) in subsection (c)— (A) in paragraph (1), by striking such means electronic means and such means (B) in paragraph (2), by striking , including representatives of business and representatives of labor organizations, 417. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through a one-stop delivery system to the program or activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program or activities of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program or activities of the entity to maintain the one-stop delivery system, including payment of the costs of infrastructure of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop delivery system, that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (ii), as so redesignated, by striking adult education and literacy activities adult education and family literacy education activities (v) in clause (viii), as so redesignated, by striking and (vi) in clause (ix), as so redesignated, by striking the period and inserting ; and (vii) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall be considered to be a one-stop partner under this title and carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such an entity shall not be considered to be such a partner and shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) section 134(c)(2) (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the costs of infrastructure of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for training for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services under the memorandum; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification Local designation and certification (B) in paragraph (2)— (i) by striking section 134(c) subsection (e) (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational career and technical (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in paragraph (4) of section 134(c), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b); and (E) provide access to the data and information described in subparagraphs (A) and (B) of section 15(a)(1) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a)(1) (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification of a one-stop center under this subsection shall include— (i) meeting the expected levels of performance for each of the corresponding core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the center, involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the center ensures that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure funding authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop, for certification referred to in paragraph (1)(A), additional criteria or higher standards on the criteria referred to in paragraph (1)(B) to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), for a fiscal year shall be provided to the Governor by such partners to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers in the State by each such partner, the costs of administration for purposes not related to one-stop centers for each such partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policymaking authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and family literacy education activities authorized under title II and for postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the determination described in clause (i) with respect to the corresponding 2 programs shall be made by the Governor with the appropriate entity or official with such independent policymaking authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) and subparagraph (A) to appeal a determination regarding the portion of funds to be provided under this paragraph on the basis that such determination is inconsistent with the requirements described in the State plan for the program or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by a one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such program that may be used for administration. (ii) Federal direct spending programs (I) In general A program that provides Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for purposes of this paragraph, be required to provide more than the maximum amount determined under subclause (II). (II) Maximum amount The maximum amount for the program is the amount that bears the same relationship to the costs referred to in paragraph (2) for the State as the use of the one-stop centers by such program bears to the use of such centers by all one-stop partner programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas. The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in a local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure (i) Other funds (1) In general In addition to the funds provided under subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such 2 types of programs, shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved. Such portion shall be used to pay for costs including— (A) costs of infrastructure (as defined in subsection (h)) that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure (as so defined); and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and standards The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide standards to facilitate the determination of appropriate allocation of the funds and noncash resources to local areas. . 418. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services and be included on the list of eligible providers of training services described in subsection (d). (2) Providers Subject to the provisions of this section, to be eligible to receive the funds and be included on the list, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this subsection to be eligible to receive the funds and be included on the list. A provider described in paragraph (2)(B) shall be eligible to receive the funds and be included on the list with respect to programs described in paragraph (2)(B) for so long as the provider remains certified by the Secretary of Labor to carry out the programs. (b) Criteria (1) In general The criteria established by the Governor pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136, measures for other matters for which information is required under paragraph (2), and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to in-demand industries or occupations important to the local economy; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of the providers to offer programs that lead to a recognized postsecondary credential, and the quality of such programs; (E) the performance of the providers as reflected in the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review on the criteria every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required on the criteria established by the Governor, for purposes of determining the eligibility of providers of training services under this section in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no entity may disclose personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, without the prior written consent of the parent or student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible under this section; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process, for a provider of training services to appeal a denial or termination of eligibility under this section, that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider under this section shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider under this section shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. For purposes of subparagraph (A), that period shall be considered to be the period beginning on the date on which the inaccurate information described in subparagraph (A) was supplied, and ending on the date of the termination described in subparagraph (A). (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states A State may enter into an agreement with another State, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in the other State. (g) Recommendations In developing the criteria (including requirements for related information) and procedures required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria and procedures, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and list. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible under this section, to be providers of the training services involved. . 419. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities (2) in section 131 (29 U.S.C. 2861)— (A) by striking paragraphs (1)(B) and (2)(B) of (B) by striking adults, and dislocated workers, individuals 420. State allotments Section 132 (29 U.S.C. 2862) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State boards or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this paragraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) (B) Formula Subject to subparagraphs (C) (D) (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2015 through 2017, that is less than 100 percent of the allotment percentage of the State for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the fiscal year preceding the fiscal year involved. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2015 through 2017, that is more than 130 percent of the allotment percentage of the State for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the fiscal year preceding the fiscal year involved. (D) Small state minimum allotment Subject to subparagraph (C) 1/5 subparagraph (A) (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage (I) used with respect to fiscal year 2013, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. (II) used with respect to fiscal year 2017 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year, that is received under this paragraph by the State involved for the fiscal year. (ii) Area of substantial unemployment The term area of substantial unemployment (iii) Disadvantaged youth The term disadvantaged youth (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iv) Individual The term individual . 421. Within State allocations Section 133 (29 U.S.C. 2863) is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve not more than 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities and additional assistance Of the amount reserved under paragraph (1) (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of the State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas in the State, shall— (A) allocate the funds that are allotted to the State under section 132(b)(2) and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv), except that a reference in a section specified in any of clauses (i) through (iv) to each State all States (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2015 through 2017, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the fiscal year preceding the fiscal year involved. (ii) Maximum percentage Subject to clause (i) (I) each of fiscal years 2015 through 2017, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the fiscal year preceding the fiscal year involved. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage (i) used with respect to fiscal year 2013, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2013, that is received under such provisions by the local area involved for fiscal year 2013; and (ii) used with respect to fiscal year 2017 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas under this paragraph for the fiscal year, that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor may, in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities subsection (b) for such activities (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amount allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 422. Use of funds for employment and training activities Section 134 ( 29 U.S.C. 2864 (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1) and not reserved under paragraph (2) or (3) of section 133(a)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities and additional assistance Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to provide the statewide rapid response activities and additional assistance described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to award statewide grants for individuals with barriers to employment on a competitive basis, and carry out other activities, as described in paragraph (5). (2) Required statewide employment and training activities A State shall use funds referred to in paragraph (1)(A) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training services described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds referred to in paragraph (1)(A) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnership initiatives, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas— (i) for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)); (ii) for local coordination of activities carried out under this Act; and (iii) for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contract strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such a strategy, which may involve providing assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities and additional assistance A State shall use funds reserved as described in section 133(a)(2)— (A) to carry out statewide rapid response activities, which shall include provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) to provide additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance for, and conduct evaluations as described in section 136(e) of, the programs carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities (that meet specific performance outcomes and criteria established by the Governor) described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard-to-serve individuals; and (iii) agrees to be reimbursed primarily on the basis of meeting specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use the grant funds for programs of activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. To be eligible to receive a grant under this paragraph for an employment and training program, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities of the program will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118, with respect to the area of the State that will be the focus of the program under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, with the grant funds provided, for the program under this paragraph, and how the entity will ensure the sustainability of such program after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such program; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the program provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services Work ready services (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) (1) (II) by striking core services work ready services (III) by striking who are adults or dislocated workers (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program involved, such as assisting in— (i) the submission of applications; (ii) the provision of information on the results of such applications; and (iii) the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including provision of information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j)); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics workforce and labor market (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, (ix) in subparagraph (H), as so redesignated, by inserting under section 136 local performance measures (x) in subparagraph (J), as so redesignated, by inserting and information regarding the administration of the work test for the unemployment compensation system compensation (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for education and training programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits, available to participants in employment and training activities, and relating to education, job training, and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if the activities involved are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); (U) out-of-area job search assistance and relocation assistance; and ; (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; and (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B). ; (ii) in subparagraph (B)(i), by striking Except Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and family literacy education activities provided in conjunction with other training services authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) section 121 (bb) in subclause (I), by striking section 122(e) section 122(d) section 122(h) section 122(i) (cc) in subclause (II), by striking subsections (e) and (h) subsections (d) and (i) (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services from (notwithstanding any provision of this title) eligible providers for those programs and sources. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts career enhancement accounts (II) in clause (i), by striking individual training accounts career enhancement accounts (III) in clause (ii)— (aa) by striking an individual training account a career enhancement account (bb) by striking subparagraph (F) subparagraph (E) (cc) in subclause (II), by striking individual training accounts career enhancement accounts (dd) in subclause (II), by striking or (ee) in subclause (III), by striking the period and inserting ; or (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand industries or occupations important to the State or local economy, that such contract may be used to enable the expansion of programs provided by a priority eligible provider, and that such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker individual (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V); and (bb) by inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and child care, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. (v) incorporation of pay-for-performance contract strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. ; (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required payment toward such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State board and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialists to carry out employment, training, supportive, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate the furnishing of employment, training, supportive, and placement services to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran or member described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran or member described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the one-stop operator of the one-stop center in the local area and shall provide, at a minimum, quarterly reports to the one-stop operator of such center and to the Assistant Secretary for Veterans’ Employment and Training for the State on the specialist's performance, and compliance by the specialist with Federal law (including regulations), with respect to the— (i) principal duties (including facilitating the furnishing of services) for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and other individuals. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by each local board in the State in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), and including summaries of outcomes achieved by participating veterans, disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the 3-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, supportive, and placement services under this subsection. (8) State option At the request of a local board, a State may opt to assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialists for placement in the local area served by the local board. . 423. Performance accountability system Section 136 (29 U.S.C. 2871) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and family literacy education activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of the following indicators of performance (with performance determined in the aggregate and as disaggregated by the populations identified in the State and local plan in each case): (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The difference in the median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program, compared to the median earnings of such participants prior to participation in such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential (such as an industry-recognized credential or a certificate from a registered apprenticeship program), or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from the program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential (such as an industry-recognized credential or a certificate from a registered apprenticeship program), a certificate from an on-the-job training program, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential, certificate, diploma, or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants (in addition to obtaining such diploma or its recognized equivalent), within 1 year after exit from the program, have obtained or retained employment, have been removed from public assistance, or have begun an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 , for all 3 (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years for all 3 program years (V) in clause (iv)— (aa) by striking or (v) (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by inserting , such as unemployment rates and job losses or gains in particular industries economic conditions (BB) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status (including disability status among veterans), and welfare dependency, program (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated)— (aa) by striking described in clause (iv)(II) described in clause (iv)(I) (bb) by striking or (v) (ii) in subparagraph (B), by striking paragraph (2)(C) paragraph (2)(B) (2) in subsection (c)— (A) by amending clause (i) of paragraph (1)(A) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsection, other than statewide workforce investment activities; and ; (B) in clause (ii) of paragraph (1)(A), by striking (b)(2)(C) (b)(2)(B) (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic conditions (such as unemployment rates and job losses or gains in particular industries), or demographic characteristics or other characteristics of the population to be served, in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or (ii) by striking and the customer satisfaction indicator (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) (II) by striking and (v) by striking subparagraph (F); and (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described in section 134(c)(2) and the number of individuals who received training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services, and the amount of funds spent on each of the 2 types of services during the most recent program year and fiscal year, and the preceding 5 fiscal years; (ii) the number of individuals who successfully exited out of work ready services described in section 134(c)(2) and the number of individuals who exited out of training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services; and (iii) the average cost per participant of those individuals who received work ready services described in section 134(c)(2) and the average cost per participant of those individuals who received training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services; and (D) the amount of funds spent on training services and discretionary activities described in section 134(d), disaggregated by the populations identified under section 112(b)(16)(A)(iv) and section 118(b)(10). ; (C) in paragraph (3)(A), by striking through publication through electronic means (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the reports is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters, and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters, and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (A), by striking or (B) (ii) in subparagraph (B), by striking may reduce by not more than 5 percent, shall reduce (B) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)— (A) in paragraph (1), by striking or (B) (B) in paragraph (2)— (i) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (iii) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (iv) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan corrective action under subparagraph (A) or (B) may, not later than 30 days after receiving notice of the action, appeal to the Governor to rescind or revise such action (v) in subparagraph (D) (as so redesignated), by striking subparagraph (B) subparagraph (C) (6) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (B), by striking subsection (b)(2)(C) subsection (b)(2)(B) (ii) in subparagraph (C), by striking (b)(3)(A)(vi) (b)(3)(A)(v) (B) in paragraph (2), by striking the activities described in section 502 concerning (C) in paragraph (3), by striking described in paragraph (1) and in the activities described in section 502 and activities described in this subsection (7) by adding at the end the following new subsections: (j) Use of core indicators for other programs Consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described in section 121(b)(1)(B) (in addition to the programs carried out under chapter 5) that are carried out by the Secretary. (k) Establishing pay-for-Performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training activities in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 424. Authorization of appropriations Section 137 (29 U.S.C. 2872) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2015 and each of the 6 succeeding fiscal years. . 3 Job Corps 426. Job Corps purposes Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 427. Job Corps definitions Section 142 (29 U.S.C. 2882) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop One-stop (B) by striking applicable (C) by striking customer service (D) by striking intake assessment (2) in paragraph (4), by striking before completing the requirements prior to becoming a graduate. (3) in paragraph (5), by striking has completed the requirements who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) 428. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary school (3) in paragraph (3)(E), by striking vocational career and technical education and 429. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational career and technical education and training (B) in paragraph (3)— (i) by striking To the extent practicable, the The (ii) in subparagraph (A)— (I) by striking applicable (II) by inserting and (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules failure to observe the rules (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (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) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years year (ii) by striking an assignment a (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, (ii) in subparagraph (B), by striking and (iii) in subparagraph (C)— (I) by inserting the education and training including (II) by striking the period at the end and inserting ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by home of the enrollee 430. Job Corps centers Section 147 (29 U.S.C. 2887) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational career and technical (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 subsections (a) and (b) of section 3304 of title 41, United States Code (II) by striking industry council workforce council (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable demonstrates relationships with the surrounding communities, employers, workforce boards, and (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii)— (I) by striking , as appropriate (II) by striking through (IV) through (V) (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 1-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 431. Program activities Section 148 (29 U.S.C. 2888) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials (such as industry-recognized credentials and certificates from registered apprenticeship programs); or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational Academic and Career and Technical Education and (B) by striking may The Secretary shall (C) by striking vocational career and technical (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 432. Counseling and job placement Section 149 (29 U.S.C. 2889) is amended— (1) in subsection (a), by striking vocational career and technical education and (2) in subsection (b)— (A) by striking make every effort to arrange to (B) by striking to assist assist (3) by striking subsection (d). 433. Support Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 434. Operations Section 151 ( 29 U.S.C. 2891 (1) in the header, by striking Operating plan. Operations. (2) in subsection (a), by striking In General. Operating Plan. (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan Availability (B) by striking subsections (a) and (b) subsection (a) (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 435. Community participation Section 153 (29 U.S.C. 2893) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 436. Workforce councils Section 154 (29 U.S.C. 2894) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 437. Technical assistance Section 156 (29 U.S.C. 2896) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 438. Special provisions Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) chapter 5 of title 40, United States Code, 439. Performance accountability management Section 159 ( 29 U.S.C. 2899 (1) in the section heading, by striking Management Information Performance Accountability and Management (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military, or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a certificate from a registered apprenticeship program; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized postsecondary credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corps center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established as targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of enrollees that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(f)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1-year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . 4 National Programs 441. Technical assistance Section 170 (29 U.S.C. 2915) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services and additional assistance, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, localities, (B) by striking from carrying out activities to implement the amendments made by the SKILLS Act (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) subsection (a) (B) by striking , or recipient of financial assistance under any of sections 166 through 169, (C) by striking or grant recipient (6) in subsection (c) (as so redesignated), by striking paragraph (1) subsection (a) (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 442. Evaluations Section 172 ( 29 U.S.C. 2917 (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act (2) by amending subsection (a)(4) to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) by amending subsection (c) to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2016, and thereafter shall conduct such an analysis not less than once every 4 years. ; (4) in subsection (e), by striking the Committee on Labor and Human Resources of the Senate the Committee on Health, Education, Labor, and Pensions of the Senate (5) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: (f) Reduction of amounts authorized To be appropriated for late reporting If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress. ; and (6) by adding at the end, the following: (h) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . 5 Administration 446. Requirements and restrictions Section 181 (29 U.S.C. 2931) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations, (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall may (3) in subsection (e)— (A) by striking training for the entry into employment, retention in employment, or increases in earnings of (B) by striking subtitle B this Act (4) in subsection (f)(4), by striking 134(a)(3)(B) 133(a)(4) (5) by adding at the end the following: (g) Salary and bonus limitation (1) In general No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the rate prescribed in level II of the Executive Schedule under section 5315 (2) Vendors The limitation described in paragraph (1) shall not apply to vendors providing goods and services as defined in OMB Circular A–133. (3) Lower limit In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in paragraph (1) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. (h) General authority (1) In general The Employment and Training Administration of the Department of Labor (referred to in this Act as the Administration 29 U.S.C. 49 et seq. 29 U.S.C. 701 et seq. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. (3) Functions In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Deputy Secretary of Labor, as determined by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 447. Prompt allocation of funds Section 182 (29 U.S.C. 2932) is amended— (1) in subsection (c)— (A) by striking 127 or (B) by striking , except that (2) in subsection (e)— (A) by striking sections 128 and 133 section 133 (B) by striking 127 or 448. Fiscal controls; sanctions Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended— (1) by striking (A) Each Each (2) by striking subparagraph (B). 449. Reports to Congress Section 185 (29 U.S.C. 2935) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period and inserting ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, Secretary, 450. Administrative provisions Section 189 (29 U.S.C. 2939) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) in the first sentence, by striking each State each recipient (except as otherwise provided in this paragraph) (ii) in the second sentence, by striking 171 or (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) in clause (i), by striking ; and (ii) by striking requirements of subparagraph (B) any of the statutory or regulatory requirements of subtitle B requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B (iii) by striking clause (ii); and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states The Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B), in lieu of requiring the additional States to meet the requirements of subparagraphs (B) and (C). Such procedure shall ensure that the extension of such a waiver to additional States is accompanied by appropriate conditions relating to the implementation of such waiver. (E) External Conditions The Secretary shall not require or impose new or additional requirements, that are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 451. State legislative authority Section 191(a) (29 U.S.C. 2941(a)) is amended— (1) by striking consistent with the provisions of this title consistent with State law and the provisions of this title (2) by striking consistent with the terms and conditions required under this title consistent with State law and the terms and conditions required under this title 452. General program requirements Section 195 (29 U.S.C. 2945) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received under a program by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this paragraph. ; (2) by striking paragraph (9); (3) by redesignating paragraphs (10) through (13) as paragraphs (9) through (12), respectively; and (4) by adding at the end the following new paragraphs: (13) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)), except that for purposes of this paragraph, such an enterprise does not include a one-stop center. (14) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 453. Federal agency staff and restrictions on political and lobbying activities Subtitle E of title I (29 U.S.C. 2931 et seq.) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal Government employees who, on the day before the date of enactment of the SKILLS Act, worked on or administered each of the programs and activities that were authorized under this Act or were authorized under a provision listed in section 401 of the SKILLS Act; and (B) identify the number of full-time equivalent employees who on the day before that date of enactment, worked on or administered each of the programs and activities described in subparagraph (A), on functions for which the authorizing provision has been repealed, or for which an amount has been consolidated (if such employee is in a duplicate position), on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature or legislative body (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) such preparation, distribution, or use of such materials, that are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment or issuance of legislation, appropriations, regulations, administrative action, or an executive order proposed or pending before the Congress or any State government, or a State or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. (b) Political restrictions (1) In general No funds received by a participant of a program or activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. (3) Definition For the purposes of this subsection, the term participant . 6 State unified plan 456. State unified plan Section 501 (20 U.S.C. 9271) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted in accordance with this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities or programs set forth in subparagraphs (A) and (B) of paragraph (2) and shall cover one or more of the activities or programs set forth in subparagraphs (C) through (N) of paragraph (2). (2) Activities and programs For purposes of paragraph (1), the term activity or program (A) Activities and programs authorized under title I. (B) Activities and programs authorized under title II. (C) Programs authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et seq.). (D) Secondary career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (E) Postsecondary career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006. (F) Activities and programs authorized under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). (G) Programs and activities authorized under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (H) Programs authorized under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (I) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food and Nutrition Act of 1977 (7 U.S.C. 2015(o)). (L) Activities and programs authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. (M) Activities and programs authorized under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. (N) Activities authorized under chapter 41 ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). (3) Scope of portion For purposes of paragraph (1), the portion of the State unified plan covering an activity or program shall be considered to include the plan described in subsection (c)(3) and any proposal described in subsection (e)(2), as that part and proposal relate to the activity or program. ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2), and subject to paragraph (4) and to the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs covered by the plan into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State that has a State unified plan approved under subsection (d) with a proposal for consolidation under paragraph (2), and that is carrying out such consolidation, shall— (A) in providing an activity or program for which an amount is consolidated into the Workforce Investment Fund— (i) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program; and (ii) meet the intent and purpose for the activity or program; and (B) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate an amount under paragraph (2) that is allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); or (B) title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et seq.). . B Adult Education and Family Literacy Education 461. Amendment Title II ( 20 U.S.C. 9201 et seq. II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and mathematics skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and mathematics skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and mathematics skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and mathematics skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and mathematics skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program (A) assists parents and students, on a voluntary basis, in achieving the purpose of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor (7) Individual with a disability (A) In general The term individual with a disability (B) Individuals with disabilities The term individuals with disabilities (8) English learner The term English learner (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training (10) Institution of higher education The term institution of higher education (11) Literacy The term literacy (12) Local educational agency The term local educational agency (13) Outlying area The term outlying area (14) Postsecondary educational institution The term postsecondary educational institution (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary (16) State The term State (17) State educational agency The term State educational agency (18) Workplace literacy program The term workplace literacy program 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal year 2015 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2015, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2016 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, mathematics, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (1), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and mathematics programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions In this section: (1) Correctional institution The term correctional institution (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated education and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and mathematics skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and mathematics content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and mathematics, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . C Amendments to the Wagner-Peyser Act 466. Amendments to the Wagner-Peyser Act Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor (referred to in this section as the Secretary (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (C) and (D) of subsection (e)(1); and (iii) shall meet the needs for the information identified in section 121(e)(1)(E) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841(e)(1)(E) (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c)(2) (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(1). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of workforce and labor market information in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of, and submit to the Secretary, an annual plan to carry out the requirements and authorities of this subsection; and (K) utilize the quarterly records described in section 136(f)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(f)(2) (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2015 and each of the 6 succeeding fiscal years. . D Repeals and Conforming Amendments 471. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. (3) Sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). (4) The Twenty-First Century Workforce Commission Act (29 U.S.C. 2701 note). (5) Public Law 91–378, 16 U.S.C. 1701 et seq. (popularly known as the Youth Conservation Corps Act of 1970 (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 (7) The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.). (8) Sections 4103A and 4104 of title 38, United States Code. 472. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Section 104(k)(6)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(6)(A)) is amended by striking training, research, and research and (a) Amendments to the Food and Nutrition Act of 2008 (1) Definition Section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amended— (A) by striking means (1) the agency (A) the agency ; (B) by striking programs, and (2) the tribal (B) the tribal ; (C) by striking this Act. (C) in the context of employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). . (2) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (A) in subsection (d)(14) by striking section 6(d)(4)(I) section 6(d)(4)(C) (B) in subsection (g)(3), in the first sentence, by striking constitutes adequate participation in an employment and training program under section 6(d) allows the individual to participate in employment and training activities under section 6(d)(4) (3) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended to read as follows: (D) Employment and training (i) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (ii) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the one-stop delivery system authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (iii) Reimbursements (I) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (aa) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (bb) the actual costs of such dependent care expenses as are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of that Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (II) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at the option of the State agency, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (III) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (aa) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (bb) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21). . (4) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) (S) the plans of the State agency for providing employment and training services under section 6(d)(4); . (5) Administrative cost-sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h) (A) in paragraph (1)— (i) in subparagraph (A), by striking carry out employment and training programs provide employment and training services to eligible households under section 6(d)(4) (ii) in subparagraph (D), by striking operating an employment and training program providing employment and training services consistent with section 6(d)(4) (B) in paragraph (3)— (i) by striking participation in an employment and training program the individual participating in employment and training activities (ii) by striking section 6(d)(4)(I)(i)(II) section 6(d)(4)(C)(i)(II) (C) in paragraph (4), by striking for operating an employment and training program to provide employment and training services (D) by striking paragraph (5) and inserting the following: (E) Monitoring (i) In general The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. (ii) Accountability Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the State performance measures described in section 136 of the Workforce Investment Act (29 U.S.C. 2871). . (6) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 (A) in subsection (b)— (i) in paragraph (1)(B)(iv)(III)(dd), by striking , (4)(F)(i), or (4)(K) or (4) (ii) by striking paragraph (3); and (B) in subsection (g), in the first sentence in the matter preceding paragraph (1)— (i) by striking programs established activities provided to eligible households (ii) by inserting , in conjunction with the Secretary of Labor, Secretary (7) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is amended by striking equivalent to those offered under the employment and training program (b) Amendments to section 412 of the Immigration and Nationality Act (1) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) (A) in paragraph (1)— (i) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement provide refugees with the opportunity to access employment and training services, including job placement, (ii) in subparagraph (B)(ii), by striking services; services provided through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.); (B) in paragraph (2)(C)(iii)(II), by inserting and training employment (C) in paragraph (6)(A)(ii)— (i) by striking insure ensure (ii) by inserting and training employment (iii) by inserting after available through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) (D) in paragraph (9), by inserting the Secretary of Labor, Education, (2) Program of initial resettlement Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— (A) by striking orientation, instruction orientation and instruction (B) by striking , and job training for refugees, and such other education and training of refugees, as facilitates for refugees to facilitate (3) Project grants and contracts for services for refugees Section 412(c) of such Act (8 U.S.C. 1522(c)) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i), by inserting and training employment (ii) by striking subparagraph (C); (B) in paragraph (2)(B), by striking paragraph— in a manner paragraph in a manner (C) by adding at the end the following: (C) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (i) making employment and training activities described in section 134 of such Act ( 29 U.S.C. 2864 (ii) providing refugees with access to a one-stop delivery system established under section 121 of such Act (29 U.S.C. 2841). . (4) Cash assistance and medical assistance to refugees Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended— (A) in paragraph (2)(A)(i), by inserting and training providing employment (B) in paragraph (3), by striking The Consistent with subsection (c)(3), the (c) Amendments relating to the Second Chance Act of 2007 (1) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 (A) in subsection (a)(1)(E)— (i) by inserting the Department of Labor and other Federal agencies (ii) by inserting State and local workforce investment boards, community-based organizations, (B) in subsection (c)— (i) in paragraph (2), by striking at the end and (ii) in paragraph (3), by striking at the end the period and inserting ; and (iii) by adding at the end the following new paragraph: (D) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). ; and (C) in subsection (d), by adding at the end the following new paragraph: (F) Interaction with the workforce investment system (i) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), which may include— (I) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (II) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 (ii) Service defined In this paragraph, the term employment and training services (I) the skills assessment described in subsection (a)(1)(A); (II) the skills development plan described in subsection (a)(1)(B); and (III) the enhancement, development, and implementation of reentry and skills development programs. . (2) Duties of the Bureau of Prisons Section 4042(a) (A) by redesignating subparagraphs (D) and (E), as added by section 231(d)(1)(C) of the Second Chance Act of 2007 (Public Law 110–199; 122 Stat. 685), as paragraphs (6) and (7), respectively, and adjusting the margin accordingly; (B) in paragraph (6), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margin accordingly; (C) in paragraph (7), as so redesignated— (i) in clause (ii), by striking Employment Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph (ii) by striking clause (iii); and (D) by redesignating clauses (i), (ii), (iv), (v), (vi), and (vii) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively, and adjusting the margin accordingly. (d) Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w (1) in subsection (b)— (A) in paragraph (1), by striking vocational career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 (B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (D) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), nonprofit organizations (3) in subsection (e)— (A) in paragraph (3), by striking victims services, and employment services and victim services (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (D) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. 29 U.S.C. 2841 ; and (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) under this section (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (B) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect to the program of such grantee funded with a grant under this section. . (e) Conforming amendments to title 38, United States Code Title 38, United States Code, is amended— (1) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (2) in the table of sections at the beginning of chapter 41, by striking the items relating to sections 4103A and 4104; (3) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); and (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f); and (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State (ii) by striking for purposes of subsection (c) (4) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (i) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (i) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); ; (5) in section 4109— (A) in subsection (a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (B) in subsection (d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (6) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). 473. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 170. Technical assistance. Sec. 172. Evaluations. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Sec. 197. Restrictions on lobbying and political activities. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. Repeal. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 507. Effective date. . E Amendments to the Rehabilitation Act of 1973 476. Findings Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a)) is amended— (1) in paragraph (5), by striking and (2) in paragraph (6), by striking the period and inserting ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 477. Rehabilitation services administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) in section 3(a) (29 U.S.C. 702(a))— (A) by striking Office of the Secretary Department of Education (B) by striking President by and with the advice and consent of the Senate Secretary (C) by striking , and the Commissioner shall be the principal officer, (2) by striking Commissioner Director (3) in section 12(c) (29 U.S.C. 709(c)), by striking Commissioner’s Director’s (4) in section 21 (29 U.S.C. 718)— (A) in subsection (b)(1)— (i) by striking Commissioner Director of the Rehabilitation Services Administration (ii) by striking (referred to in this subsection as the Director (iii) by striking The Commissioner and the Director Both such Directors (B) by striking the Commissioner and the Director both such Directors (5) in the heading for subparagraph (B) of section 100(d)(2) ( 29 U.S.C. 720(d)(2) commissioner director (6) in section 401(a)(1) ( 29 U.S.C. 781(a)(1) of the National Institute on Disability and Rehabilitation Research Director (7) in the heading for section 706 ( 29 U.S.C. 796d–1 commissioner director (8) in the heading for paragraph (3) of section 723(a) ( 29 U.S.C. 796f–2(a) commissioner director (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 478. Definitions Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) paragraph (37)(C) (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities . 479. Carryover Section 19(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 716(a)(1)) is amended by striking part B of title VI, 480. Traditionally underserved populations Section 21 of the Rehabilitation Act of 1973 (29 U.S.C. 718) is amended, in paragraphs (1) and (2)(A) of subsection (b), and in subsection (c), by striking VI, 481. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) (1) in paragraph (10)— (A) in subparagraph (B), by striking on the eligible individuals of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)). (B) in subparagraph (E)(ii), by striking , to the extent the measures are applicable to individuals with disabilities (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as participation through video conferences and conference calls) (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and (II) in subclause (III), by adding and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ; (B) in subparagraph (B)(ii), by striking and under part B of title VI (C) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; and (iii) in clause (v), as redesignated by clause (i) of this subparagraph, by striking evaluation standards performance standards (4) in paragraph (22)— (A) in the paragraph heading, by striking state plan supplement (B) by striking carrying out part B of title VI, including (C) by striking that part to supplement funds made available under part B of (5) in paragraph (24)— (A) in the paragraph heading, by striking contracts grants (B) in subparagraph (A)— (i) in the subparagraph heading, by striking Contracts Grants (ii) by striking part A of title VI section 109A (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessments described in paragraph (15), and achieve the goals and priorities identified by the State in that paragraph, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 482. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment involved, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b), by inserting at the end the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. . 483. Standards and indicators (a) In general Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726 (1) in the section heading, by striking Evaluation standards Performance standards (2) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b) (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (3) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . (b) Conforming amendments Section 107 of the Rehabilitation Act of 1973 (29 U.S.C. 727) is amended— (1) in subsections (a)(1)(B) and (b)(2), by striking evaluation standards performance standards (2) in subsection (c)(1)(B), by striking an evaluation standard a performance standard 484. Expenditure of certain amounts Section 108(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 728(a) under part B of title VI, or 485. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C. 728a) the following: 109A. Collaboration with industry (a) Eligible entity defined For the purposes of this section, the term eligible entity (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (b) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to pay for the Federal share of the cost of carrying out collaborative programs, to create practical job and career readiness and training programs, and to provide job placements and career advancement. (c) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (d) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the collaborative program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (e) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (f) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. (g) Federal share The Federal share for a program under this section shall not exceed 80 percent of the costs of the program. . 486. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs or activities under sections 101(a)(26)(B) and 103(b)(6). . 487. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium under the Developmental Disabilities and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) to provide services in accordance with this section, as determined by the Secretary. The amount of such grants shall be the same as the amount provided to territories under this subsection. . 488. Research Section 204(a)(2)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended by striking VI, 489. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. (1) in section 301(a) ( 21 U.S.C. 771(a) (A) in paragraph (2), by inserting and (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302 (29 U.S.C. 772)— (A) in subsection (g)— (i) in the heading, by striking and In-Service Training (ii) by striking paragraph (3); and (B) in subsection (h), by striking section 306 section 304 (3) in section 303 ( 29 U.S.C. 773 (A) in subsection (b)(1), by striking section 306 section 304 (B) in subsection (c)— (i) in paragraph (4)— (I) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate activities and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act (20 U.S.C. 1471), the community parent resource centers established pursuant to section 672 of such Act ( 29 U.S.C. 1472 20 U.S.C. 1473 ; and (II) in subparagraph (C), by inserting , and demonstrate the capacity for serving, serve (ii) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305 ( 29 U.S.C. 774 (5) by redesignating section 306 ( 29 U.S.C. 776 490. Repeal of title VI Title VI of the Rehabilitation Act of 1973 ( 29 U.S.C. 795 et seq. 491. Title VII general provisions (a) Purpose Section 701(3) of the Rehabilitation Act of 1973 (29 U.S.C. 796(3)) is amended by striking State programs of supported employment services receiving assistance under part B of title VI, (b) Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 (29 U.S.C. 796d(b)(5)) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 492. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (1) in section 100 (29 U.S.C. 720)— (A) in subsection (b)(1), by striking such sums as may be necessary for fiscal years 1999 through 2003 $3,121,712,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (B) in subsection (d)(1)(B), by striking 2003 2021 (2) in section 110(c) (29 U.S.C. 730(c)), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2015 through 2020. ; (3) in section 112(h) (29 U.S.C. 732(h)), by striking such sums as may be necessary for fiscal years 1999 through 2003 $12,240,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) (a) There are authorized to be appropriated $108,817,000 for fiscal year 2015 and each of the 6 succeeding fiscal years to carry out this title. (5) in section 302(i) (29 U.S.C. 772(i)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $35,515,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (6) in section 303(e) (29 U.S.C. 773(e)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $5,325,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (7) in section 405 (29 U.S.C. 785), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $3,258,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (8) in section 502(j) (29 U.S.C. 792(j)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $7,400,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (9) in section 509(l) (29 U.S.C. 794e(l)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $18,031,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (10) in section 714 (29 U.S.C. 796e–3), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $23,359,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (11) in section 727 (29 U.S.C. 796f–6), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $79,953,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (12) in section 753 (29 U.S.C. 796l), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $34,018,000 for fiscal year 2015 and each of the 6 succeeding fiscal years 493. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; (5) by striking the items related to title VI; and (6) by striking the item related to section 706 and inserting the following: Sec. 706. Responsibilities of the Director. . F Studies by the Comptroller General 496. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) evaluates the effectiveness of subparagraph (B) of section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(B)) (as such subparagraph was in effect on the day before the date of enactment of this Act), including— (A) a review of the regulations and guidance issued by the Secretary of Labor to State and local areas on how to comply with such subparagraph; (B) a review of State policies to determine how local areas are required to comply with such subparagraph; (C) a review of local area policies to determine how one-stop operators are required to comply with such subparagraph; and (D) a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)) to determine if, before receiving such training services, such individuals have exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) makes appropriate recommendations with respect to the matters evaluated under paragraph (1). 497. Study by the Comptroller General on administrative cost savings (a) Study Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) determines the amount of administrative costs at the Federal and State levels for the most recent fiscal year for which satisfactory data are available for— (A) each of the programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or repealed under section 401 of this Act, as such programs were in effect for such fiscal year; and (B) each of the programs described in subparagraph (A) that have been repealed or consolidated on or after the date of enactment of this Act; (2) determines the amount of administrative cost savings at the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the amount of administrative costs between subparagraph (A) and subparagraph (B) of paragraph (1); and (3) estimates the administrative cost savings at the Federal and State levels for a fiscal year as a result of States consolidating amounts under section 501(e) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(e)) to reduce inefficiencies in the administration of federally funded State and local employment and training programs. (b) Definition For purposes of this section, the term administrative costs V Offset 501. Nondefense discretionary spending Section 251(c)(2)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking $492,356,000,000 $482,356,000,000

Solutions to Long-Term Unemployment Act

ITIN Reform Act of 2014 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to issue an individual taxpayer identification number (ITIN) to an individual only if such individual: (1) submits an application for an ITIN in person at an Internal Revenue Service (IRS) taxpayer assistance center with required documentation, or (2) submits an application in person outside of the United States to an IRS employee or a designee of the Secretary at a U.S. diplomatic mission or consular post with required documentation. Exempts from this requirement military spouses or dependents, and nonresident aliens claiming tax treaty benefits. Requires the Inspector General of the Department of the Treasury for Tax Administration to audit, on a biennial basis, the IRS program for issuance of ITINs pursuant to this Act and report to Congress on such audit.

113 S2039 IS: ITIN Reform Act of 2014 U.S. Senate 2014-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2039 IN THE SENATE OF THE UNITED STATES February 25, 2014 Mr. Cornyn Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to require that ITIN applicants submit their application in person at taxpayer assistance centers, and for other purposes. 1. Short title This Act may be cited as the ITIN Reform Act of 2014 2. Requirements for the issuance of ITINs (a) In general Section 6109 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (i) Special rules relating to the issuance of ITINs (1) In general The Secretary may issue an individual taxpayer identification number to an individual only if the requirements of paragraphs (2) and (3) are met. (2) In-person application The requirements of this paragraph are met if, with respect to an application for an individual taxpayer identification number— (A) the applicant submits an application in person, using Form W–7 (or any successor thereof) and including the required documentation, at a taxpayer assistance center of the Internal Revenue Service, or (B) in the case of an applicant who resides outside of the United States, the applicant submits the application in person to an employee of the Internal Revenue Service or a designee of the Secretary at a United States diplomatic mission or consular post, together with the required documentation. (3) Initial on-site verification of documentation The requirements of this paragraph are met if, with respect to each application, an employee of the Internal Revenue Service at the taxpayer assistance center, or the employee or designee described in paragraph (2)(B), as the case may be, conducts an initial verification of the documentation supporting the application submitted under paragraph (2). (4) Required documentation For purposes of this subsection— (A) required documentation includes such documentation as the Secretary may require that proves the individual’s identity and foreign status, and (B) the Secretary may only accept original documents. (5) Exceptions (A) Military spouses Paragraph (1) shall not apply to the spouse, or the dependents, without a social security number of a taxpayer who is a member of the Armed Forces of the United States. (B) Treaty benefits Paragraph (1) shall not apply to a nonresident alien applying for an individual taxpayer identification number for the purpose of claiming tax treaty benefits. (6) Term (A) In general An individual taxpayer identification number issued after the date of the enactment of this subsection shall be valid only for the 5-year period which includes the taxable year of the individual for which such number is issued and the 4 succeeding taxable years. (B) Renewal of ITIN Such number shall be valid for an additional 5-year period only if it is renewed through an application which satisfies the requirements under paragraphs (2) and (3). (C) Special rule for existing ITINs In the case of an individual with an individual taxpayer identification number issued on or before the date of the enactment of this subsection, such number shall not be valid after the earlier of— (i) the end of the 3-year period beginning on the date of the enactment of this subsection, or (ii) the first taxable year beginning after— (I) the date of the enactment of this subsection, and (II) any taxable year for which the individual (or, if a dependent, on which the individual is included) did not make a return. . (b) Interest Section 6611 of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Special rule relating to ITINs Notwithstanding any other provision of this section, no interest shall be allowed or paid to or on behalf of an individual with respect to any overpayment until 45 days after an individual taxpayer identification number is issued to the individual. . (c) Audit by TIGTA Not later than two years after the date of the enactment of this Act, and every two years thereafter, the Treasury Inspector General for Tax Administration shall conduct an audit of the program of the Internal Revenue Service for the issuance of individual taxpayer identification numbers pursuant to section 6109(i) (d) Effective date (1) Subsection (a) The amendment made by subsection (a) shall apply to requests for individual taxpayer identification numbers made after the date of the enactment of this Act. (2) Subsection (b) The amendment made by subsection (b) shall apply to returns due, claims filed, and refunds paid after the date of the enactment of this Act.

ITIN Reform Act of 2014

(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.) Blackfoot River Land Exchange Act of 2014 - (Sec. 4) Extinguishes all claims and all right, title, and interest in specified Indian and non-Indian land as part of the settlement of disputes within the Fort Hall Indian Reservation of the Shoshone-Bannock Indian Tribes in Idaho resulting from the realignment of the Blackfoot River by the Corps of Engineers in 1964. (Sec. 5) Requires the non-Indian land to be held in trust by the United States for the Tribes. (Sec. 6) Directs the Secretary of the Interior to transfer the Indian land to the Blackfoot River Flood Control District No. 7 for use or sale. Requires any proceeds from the sale of the land to be used to compensate: (1) each non-Indian landowner at fair market value for his or her loss of land resulting from this Act's implementation, and (2) the Blackfoot River Flood Control District No. 7 for any expenses it incurs in carrying out this Act. Authorizes the Blackfoot River Flood Control District No. 7 to dispose of the land or proceeds that remain in any manner it determines to be appropriate.

S2040 ENR: Blackfoot River Land Exchange 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. 2040 IN THE SENATE OF THE UNITED STATES AN ACT To exchange trust and fee land to resolve land disputes created by the realignment of the Blackfoot River along the boundary of the Fort Hall Indian Reservation, and for other purposes. 1. Short title This Act may be cited as the Blackfoot River Land Exchange Act of 2014 2. Findings; purposes (a) Findings Congress finds that— (1) the Shoshone-Bannock Tribes, a federally recognized Indian tribe with tribal headquarters at Fort Hall, Idaho— (A) adopted a tribal constitution and bylaws on March 31, 1936, that were approved by the Secretary of the Interior on April 30, 1936, pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act (B) has entered into various treaties with the United States, including the Second Treaty of Fort Bridger, executed on July 3, 1868; and (C) has maintained a continuous government-to-government relationship with the United States since the earliest years of the Union; (2) (A) in 1867, President Andrew Johnson designated by Executive order the Fort Hall Reservation for various bands of Shoshone and Bannock Indians; (B) the Reservation is located near the cities of Blackfoot and Pocatello in southeastern Idaho; and (C) article 4 of the Second Treaty of Fort Bridger secured the Reservation as a permanent home (3) (A) according to the Executive order referred to in paragraph (2)(A), the Blackfoot River, as the river existed in its natural state— (i) is the northern boundary of the Reservation; and (ii) flows in a westerly direction along that northern boundary; and (B) within the Reservation, land use in the River watershed is dominated by— (i) rangeland; (ii) dry and irrigated farming; and (iii) residential development; (4) (A) in 1964, the Corps of Engineers completed a local flood protection project on the River— (i) authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 170); and (ii) sponsored by the Blackfoot River Flood Control District No. 7; (B) the project consisted of building levees, replacing irrigation diversion structures, replacing bridges, and channel realignment; and (C) the channel realignment portion of the project severed various parcels of land located contiguous to the River along the boundary of the Reservation, resulting in Indian land being located north of the Realigned River and non-Indian land being located south of the Realigned River; (5) beginning in 1999, the Cadastral Survey Office of the Bureau of Land Management conducted surveys of— (A) 25 parcels of Indian land; and (B) 19 parcels of non-Indian land; and (6) the enactment of this Act and separate agreements of the parties would represent a resolution of the disputes described in subsection (b)(1) among— (A) the Tribes; (B) the allottees; and (C) the non-Indian landowners. (b) Purposes The purposes of this Act are— (1) to resolve the land ownership and land use disputes resulting from realignment of the River by the Corps of Engineers during calendar year 1964 pursuant to the project described in subsection (a)(4)(A); and (2) to achieve a final and fair solution to resolve those disputes. 3. Definitions In this Act: (1) Allottee The term allottee (A) held in trust by the United States for the benefit of the allottee; and (B) located north of the Realigned River within the exterior boundaries of the Reservation. (2) Blackfoot River Flood Control District No. 7 The term Blackfoot River Flood Control District No. 7 (A) is responsible for maintenance and repair of the Realigned River; and (B) represents the non-Indian landowners relating to the resolution of the disputes described in section 2(b)(1) in accordance with this Act. (3) Indian land The term Indian land (A) held in trust by the United States for the benefit of the Tribes or the allottees; (B) located north of the Realigned River; and (C) identified in exhibit A of the survey of the Bureau of Land Management entitled Survey of the Blackfoot River of 2002 to 2005 (i) the Fort Hall Indian Agency office of the Bureau of Indian Affairs; and (ii) the Blackfoot River Flood Control District No. 7. (4) Non-Indian land The term non-Indian land (A) located south of the Realigned River; and (B) identified in exhibit B, which is located at the areas described in clauses (i) and (ii) of paragraph (3)(C). (5) Non-Indian landowner The term non-Indian landowner (6) Realigned River The term Realigned River (7) Reservation The term Reservation (8) River The term River (9) Secretary The term Secretary (10) Tribes The term Tribes 4. Release of claims to certain indian and non-indian owned lands (a) Release of claims Effective on the date of enactment of this Act— (1) all existing and future claims with respect to the Indian land and the non-Indian land and all right, title, and interest that the Tribes, allottees, non-Indian landowners, and the Blackfoot River Flood Control District No. 7 may have had to that land shall be extinguished; (2) any interest of the Tribes, the allottees, or the United States, acting as trustee for the Tribes or allottees, in the Indian land shall be extinguished under section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act 25 U.S.C. 177 (3) to the extent any interest in non-Indian land transferred into trust pursuant to section 5 violates section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act 25 U.S.C. 177 (b) Documentation The Secretary may execute and file any appropriate documents (including a plat or map of the transferred Indian land) that are suitable for filing with the Bingham County clerk or other appropriate county official, as the Secretary determines necessary to carry out this Act. 5. Non-Indian land to be placed into trust for Tribes Effective on the date of enactment of this Act, the non-Indian land shall be considered to be held in trust by the United States for the benefit of the Tribes. 6. Trust land to be converted to fee land (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall transfer the Indian land to the Blackfoot River Flood Control District No. 7 for use or sale in accordance with subsection (b). (b) Use of land (1) In general The Blackfoot River Flood Control District No. 7 shall use any proceeds from the sale of land described in subsection (a) according to the following priorities: (A) To compensate, at fair market value, each non-Indian landowner for the net loss of land to that non-Indian landowner resulting from the implementation of this Act. (B) To compensate the Blackfoot River Flood Control District No. 7 for any administrative or other expenses relating to carrying out this Act. (2) Remaining land If any land remains to be conveyed or proceeds remain after the sale of the land, the Blackfoot River Flood Control District No. 7 may dispose of that remaining land or proceeds as the Blackfoot River Flood Control District No. 7 determines to be appropriate. 7. Effect on original reservation boundary Nothing in this Act affects the original boundary of the Reservation, as established by Executive order during calendar year 1867 and confirmed by treaty during calendar year 1868. 8. Effect on tribal water rights Nothing in this Act extinguishes or conveys any water right of the Tribes, as established in the agreement entitled 1990 Fort Hall Indian Water Rights Agreement Public Law 101–602 9. Effect on certain obligations (a) In general Except as provided in subsection (b), nothing in this Act affects the obligation of Blackfoot River Flood Control District No. 7 to maintain adequate rights-of-way for the operation and maintenance of the local flood protection projects described in section 2(a)(4) pursuant to agreements between the Blackfoot River Flood Control District No. 7 and the Corps of Engineers. (b) Restriction on fees Any land conveyed to the Tribes pursuant to this Act shall not be subject to fees assessed by Blackfoot River Flood Control District No. 7. 10. Disclaimers regarding claims Nothing in this Act— (1) affects in any manner the sovereign claim of the State of Idaho to title in and to the beds and banks of the River under the equal footing doctrine of the Constitution of the United States; (2) affects any action by the State of Idaho to establish the title described in paragraph (1) under section 2409a Quiet Title Act (3) affects the ability of the Tribes or the United States to claim ownership of the beds and banks of the River; or (4) extinguishes or conveys any water rights of non-Indian landowners or the claims of those landowners to water rights in the Snake River Basin Adjudication. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Blackfoot River Land Exchange Act of 2014

May 31, 1918 Act Repeal Act - Repeals the Act of May 31, 1918 (authorized the Secretary of the Interior to set aside and reserve a tract of land within the Fort Hall Indian Reservation, Idaho, for town-site purposes). Gives the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation the exclusive right of first refusal to purchase at fair market value any land within the Fort Hall Townsite and offered for sale. Directs the United States to hold in trust for the benefit of the Tribes or a member of the Tribes: (1) any land they owned or acquired within the Townsite before this Act's enactment, and (2) any land they owned or acquired within the Townsite on or after this Act's enactment. Declares that, nothing in this Act affects any valid right to any land set aside or set apart under the 1918 Act.

113 S2041 IS: May 31, 1918 Act Repeal Act U.S. Senate 2014-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2041 IN THE SENATE OF THE UNITED STATES February 25, 2014 Mr. Crapo Mr. Risch Committee on Indian Affairs A BILL To repeal the Act of May 31, 1918, and for other purposes. 1. Short title This Act may be cited as the May 31, 1918 Act Repeal Act 2. Definitions In this Act: (1) 1918 Act The term 1918 Act (2) Tribes The term Tribes 3. Repeal The 1918 Act is repealed. 4. Right of first refusal (a) In general The Tribes shall have the exclusive right of first refusal to purchase at fair market value any land— (1) set aside or set apart under the 1918 Act; and (2) offered for sale. (b) Acquired land held in trust The United States shall hold in trust for the benefit of the Tribes or a member of the Tribes, as applicable— (1) any land acquired by the Tribes or a member of the Tribes before the date of enactment of this Act; and (2) any land— (A) acquired by the Tribes or a member of the Tribes on or after the date of enactment of this Act; and (B) set aside or set apart under the 1918 Act. 5. Effect Nothing in this Act affects any valid right to any land set aside or set apart under the 1918 Act.

May 31, 1918 Act Repeal Act

Clean Estuaries Act of 2014 - (Sec. 2) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise, and reauthorize through FY2019, the National Estuary Program. Expands the purposes of management conferences for estuary programs, including by adding components that must be included in a Comprehensive Conservation and Management Plan (Plan). Requires management conferences to make use of collaborative processes in updating or developing a Plan. Establishes a process by which a state may resubmit a Plan that the Environmental Protection Agency (EPA) has determined is incomplete. Considers a submission or resubmission of a Plan to be approved if the EPA fails to respond within 120 days of receiving it. Requires the EPA to terminate a management conference if the conference fails to submit a Plan within three years of being convened. Requires the EPA to: (1) evaluate, every five years, the implementation of each Plan developed to determine the degree to which the goals of the plan have been met; (2) submit the results of the evaluation to the appropriate management conference for review and comment; and (3) report on the results of the evaluation and make the report publicly available. Requires management conferences to update plans within 18 months after they are evaluated. Authorizes the EPA to consider a management conference to be in probationary status if the conference has not received approval for an updated plan within five years of the date of the evaluation's publication. Requires the EPA to: (1) reduce a grant for the implementation of a plan developed by a management conference with probationary status, and (2) terminate a management conference and cease funding for the implementation of the plan if the conference has been in probationary status for two consecutive years. Requires appropriate federal agencies, after the EPA's approval of a Plan, to cooperate and to coordinate activities related to implementation. Makes the EPA the lead coordinating agency for implementing Plans. Requires an agency head, in making annual budget requests, to consider the agency's responsibilities under the Program. Requires the EPA to include measures to track the introduction and establishment of nonnative species within the trend assessment program to monitor variations in environmental parameters that may affect estuarine zones. Requires the EPA to evaluate and report to the public on the National Estuary Program every five years.

113 S2042 IS: Clean Estuaries Act of 2014 U.S. Senate 2014-02-26 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 113th CONGRESS 2d Session S. 2042 IN THE SENATE OF THE UNITED STATES February 26, 2014 Mr. Whitehouse Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program, and for other purposes. 1. Short title This Act may be cited as the Clean Estuaries Act of 2014 2. National estuary program amendments (a) Purposes of Conference (1) Development of comprehensive conservation and management plans Section 320(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(b) (4) develop and submit to the Administrator a comprehensive conservation and management plan that— (A) identifies the estuary and the associated upstream waters of the estuary to be addressed by the plan, with consideration given to hydrological boundaries; (B) recommends priority protection, conservation, and corrective actions and compliance schedules that address point and nonpoint sources of pollution— (i) to restore and maintain the chemical, physical, and biological integrity of the estuary, including— (I) restoration and maintenance of water quality, including wetlands and natural hydrological flows; (II) a resilient and diverse indigenous population of shellfish, fish, and wildlife; and (III) recreational activities in the estuary; and (ii) to ensure that the designated uses of the estuary are protected; (C) identifies healthy and impaired watershed components by carrying out integrated assessments that include assessments of— (i) aquatic habitat and biological integrity; (ii) water quality; and (iii) natural hydrological flows; (D) considers current and future sustainable commercial activities in the estuary; (E) addresses the effects of climate variability on the estuary, including— (i) the identification and assessment of vulnerabilities in the estuary; (ii) the development and implementation of adaptation strategies; and (iii) the potential impacts of changes in sea level on estuarine water quality, estuarine habitat, and infrastructure located in the estuary; (F) increases public education and awareness with respect to— (i) the ecological health of the estuary; (ii) the water quality conditions of the estuary; and (iii) ocean, estuarine, land, and atmospheric connections and interactions; (G) includes performance measures and goals to track implementation of the plan; and (H) includes a coordinated monitoring strategy for Federal, State, and local governments and other entities. . (2) Monitoring and making results available Section 320(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(b) (6) monitor (and make results available to the public regarding)— (A) water quality conditions in the estuary and the associated upstream waters of the estuary identified under paragraph (4)(A); (B) watershed and habitat conditions that relate to the ecological health and water quality conditions of the estuary; and (C) the effectiveness of actions taken pursuant to the comprehensive conservation and management plan developed for the estuary under this subsection; . (3) Information and educational activities Section 320(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(b) (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: (7) provide information and educational activities on the ecological health and water quality conditions of the estuary; and . (4) Conforming amendment The sentence following section 320(b)(8) of the Federal Water Pollution Control Act (as so redesignated) ( 33 U.S.C. 1330(b)(8) paragraph (7) paragraph (8) (b) Members of Conference; Collaborative Processes (1) Members of conference Section 320(c)(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(c)(5) not-for-profit organizations, institutions, (2) Collaborative processes Section 320(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(d) (A) by striking (d) In developing (d) Use of Existing Data and Collaborative Processes (1) Use of existing data In developing ; and (B) by adding at the end the following: (2) Use of collaborative processes In updating a plan under subsection (f)(4) or developing a new plan under subsection (b), a management conference shall make use of collaborative processes— (A) to ensure equitable inclusion of affected interests; (B) to engage with members of the management conference, including through— (i) the use of consensus-based decision rules; and (ii) assistance from impartial facilitators, as appropriate; (C) to ensure relevant information, including scientific, technical, and cultural information, is accessible to members; (D) to promote accountability and transparency by ensuring members are informed in a timely manner of— (i) the purposes and objectives of the management conference; and (ii) the results of an evaluation conducted under subsection (f)(6); (E) to identify the roles and responsibilities of members— (i) in the management conference proceedings; and (ii) in the implementation of the plan; and (F) to seek resolution of conflicts or disputes as necessary. . (c) Administration of Plans Section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330) is amended by striking subsection (f) and inserting the following: (f) Administration of Plans (1) Approval Not later than 120 days after the date on which a management conference submits to the Administrator a comprehensive conservation and management plan under this section, and after providing for public review and comment, the Administrator shall approve the plan, if— (A) the Administrator determines that the plan meets the requirements of this section; and (B) each affected Governor concurs. (2) Completeness (A) In general If the Administrator determines that a plan is incomplete under paragraph (1) or (7), the Administrator shall— (i) provide the management conference with written notification of the basis of that finding; and (ii) allow the management conference to resubmit a revised plan that addresses, to the maximum extent practicable, the comments contained in the written notification of the Administrator described in clause (i). (B) Resubmission If the Administrator determines that a revised plan submitted under subparagraph (A)(ii) remains incomplete under paragraph (1) or (7), the Administrator shall allow the management conference to resubmit a revised plan in accordance with subparagraph (A). (C) Scope of review In determining whether to approve a comprehensive conservation and management plan under paragraph (1) or (7), the Administrator— (i) shall limit the scope of review to a determination of whether the plan meets the minimum requirements of this section; and (ii) may not impose, as a condition of approval, any additional requirements. (3) Failure of the Administrator to respond If, by the date that is 120 days after the date on which a plan is submitted or resubmitted under paragraph (1), (2), or (7) the Administrator fails to respond to the submission or resubmission in writing, the plan shall be considered approved. (4) Failure to submit a plan If, by the date that is 3 years after the date on which a management conference is convened, that management conference fails to submit a comprehensive conservation and management plan or to secure approval for the comprehensive conservation and management plan under this subsection, the Administrator shall terminate the management conference convened under this section. (5) Implementation (A) In general On the approval of a comprehensive conservation and management plan under this section, the plan shall be implemented. (B) Use of authorized amounts Amounts authorized to be appropriated under titles II and VI and section 319 may be used in accordance with the applicable requirements of this Act to assist States with the implementation of a plan approved under paragraph (1). (6) Evaluation (A) In general Not later than 5 years after the date of enactment of this paragraph, and every 5 years thereafter, the Administrator shall carry out an evaluation of the implementation of each comprehensive conservation and management plan developed under this section to determine the degree to which the goals of the plan have been met. (B) Review and comment by management conference In completing an evaluation under subparagraph (A), the Administrator shall submit the results of the evaluation to the appropriate management conference for review and comment. (C) Report (i) In general In completing an evaluation under subparagraph (A), and after providing an opportunity for a management conference to submit comments under subparagraph (B), the Administrator shall issue a report on the results of the evaluation, including the findings and recommendations of the Administrator and any comments received from the management conference. (ii) Availability to public The Administrator shall make a report issued under this subparagraph available to the public, including through publication in the Federal Register and on the Internet. (D) Special rule for new plans Notwithstanding subparagraph (A), if a management conference submits a new comprehensive conservation and management plan to the Administrator after the date of enactment of this paragraph, the Administrator shall complete the evaluation of the implementation of the plan required by subparagraph (A) not later than 5 years after the date of such submission and every 5 years thereafter. (7) Updates (A) Requirement Not later than 18 months after the date on which the Administrator makes an evaluation of the implementation of a comprehensive conservation and management plan available to the public under paragraph (6)(C), a management conference convened under this section shall submit to the Administrator an update of the plan that reflects, to the maximum extent practicable, the results of the program evaluation. (B) Approval of updates Not later than 120 days after the date on which a management conference submits to the Administrator an updated comprehensive conservation and management plan under subparagraph (A), and after providing for public review and comment, the Administrator shall approve the updated plan, if the Administrator determines that the updated plan meets the requirements of this section. (8) Probationary status The Administrator may consider a management conference convened under this section to be in probationary status, if the management conference has not received approval for an updated comprehensive conservation and management plan under paragraph (7)(B) on or before the last day of the 5-year period beginning on the date on which the Administrator makes an evaluation of the plan available to the public under paragraph (6)(C). . (d) Federal Agencies Section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 (1) by redesignating subsections (g), (h), (i), (j), and (k) as subsections (h), (i), (j), (k), and (m), respectively; and (2) by inserting after subsection (f) the following: (g) Federal Agencies (1) Activities conducted within estuaries with approved plans After approval of a comprehensive conservation and management plan by the Administrator, any Federal action or activity affecting the estuary shall be conducted, to the maximum extent practicable, in a manner consistent with the plan. (2) Coordination and cooperation (A) In general The Secretary of the Army (acting through the Chief of Engineers), the Administrator of the National Oceanic and Atmospheric Administration, the Director of the United States Fish and Wildlife Service, the Secretary of the Department of Agriculture, the Director of the United States Geological Survey, the Secretary of the Department of Transportation, the Secretary of the Department of Housing and Urban Development, and the heads of other appropriate Federal agencies, as determined by the Administrator, shall, to the maximum extent practicable, cooperate and coordinate activities, including monitoring activities, related to the implementation of a comprehensive conservation and management plan approved by the Administrator. (B) Lead coordinating agency The Environmental Protection Agency shall serve as the lead coordinating agency under this paragraph. (3) Consideration of plans in agency budget requests In making an annual budget request for a Federal agency referred to in paragraph (2), the head of such agency shall consider the responsibilities of the agency under this section, including under comprehensive conservation and management plans approved by the Administrator. (4) Monitoring The heads of the Federal agencies referred to in paragraph (2) shall collaborate on the development of tools and methodologies for monitoring the ecological health and water quality conditions of estuaries covered by a management conference convened under this section. . (e) Grants (1) In general Subsection (h) (as redesignated by subsection (d)) of section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 (A) in paragraph (1), by striking other public and other public or nonprofit private agencies, institutions, and organizations (B) by adding at the end the following: (4) Effects of probationary status (A) Reductions in grant amounts The Administrator shall reduce, by an amount to be determined by the Administrator, grants for the implementation of a comprehensive conservation and management plan developed by a management conference convened under this section, if the Administrator determines that the management conference is in probationary status under subsection (f)(8). (B) Termination of management conferences The Administrator shall terminate a management conference convened under this section, and cease funding for the implementation of the comprehensive conservation and management plan developed by the management conference, if the Administrator determines that the management conference has been in probationary status for 2 consecutive years. . (2) Conforming amendment Section 320(i) the Federal Water Pollution Control Act (as redesignated by subsection (d)) is amended by striking subsection (g) subsection (h) (f) Authorization of Appropriations Section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 (j) Authorization of Appropriations (1) In general There is authorized to be appropriated to the Administrator $35,000,000 for each of fiscal years 2014 through 2018 for— (A) expenses relating to the administration of grants by the Administrator under this section, including the award and oversight of grants, except that such expenses shall not exceed 5 percent of the amount appropriated under this subsection; (B) making grants under subsection (h); and (C) monitoring the implementation of a conservation and management plan by the management conference, or by the Administrator in any case in which the conference has been terminated. (2) Allocations The Administrator shall provide at least 80 percent of the amounts appropriated under this subsection per fiscal year for the development, implementation, and monitoring of each conservation and management plan eligible for grant assistance under subsection (h). (3) Requirement The Administrator shall include in the annual budget request of the Environmental Protection Agency a clear description of the amounts requested by the Administrator to make grants under paragraph (1)(B). . (g) Research Section 320(k)(1)(A) of the Federal Water Pollution Control Act (as redesignated by subsection (d)) is amended— (1) by striking paramenters parameters (2) by inserting (including monitoring of both pathways and ecosystems to track the introduction and establishment of nonnative species) , to provide the Administrator (h) National Estuary Program Evaluation Section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 (l) National Estuary Program Evaluation (1) In general Not later than 5 years after the date of enactment of this paragraph, and every 5 years thereafter, the Administrator shall complete an evaluation of the national estuary program established under this section. (2) Specific assessments In conducting an evaluation under this subsection, the Administrator shall— (A) assess the effectiveness of the national estuary program in improving water quality, natural resources, and sustainable uses of the estuaries covered by management conferences convened under this section; (B) identify best practices for improving water quality, natural resources, and sustainable uses of the estuaries covered by management conferences convened under this section, including those practices funded through the use of technical assistance from the Environmental Protection Agency and other Federal agencies; (C) assess the reasons why the best practices described in subparagraph (B) resulted in the achievement of program goals; (D) identify any redundant requirements for reporting by recipients of a grant under this section; and (E) develop and recommend a plan for eliminating any redundancies. (3) Report In completing an evaluation under this subsection, the Administrator shall issue a report on the results of the evaluation, including the findings and recommendations of the Administrator. (4) Availability The Administrator shall make a report issued under this subsection available to management conferences convened under this section and the public, including through publication in the Federal Register and on the Internet. . (i) Convening of conference Section 320(a)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(a)(2) (1) by striking (2) Convening of conference In any case (2) Convening of conference In any case ; and (2) by striking subparagraph (B). (j) Great Lakes Estuaries Section 320(m) of the Federal Water Pollution Control Act (as redesignated by subsection (d)) is amended by striking the subsection designation and all that follows through and those portions of tributaries (m) Definitions In this section, the terms estuary estuarine zone (1) the term estuary estuary (2) the term estuarine zone (A) waters within the Great Lakes described in paragraph (1) and transitional areas from such waters that are similar in form and function to the transitional areas described in the definition of estuarine zone (B) associated aquatic ecosystems; and (C) those portions of tributaries .

Clean Estuaries Act of 2014

Stop IRS Overreach Act - Prohibits the Internal Revenue Service (IRS) from asking any taxpayer any question regarding religious, political, or social beliefs. Expresses the sense of Congress that: (1) any exceptions to such prohibition should identify the specific questions authorized, the class of taxpayers to whom such questions may be asked, and the circumstances under which such questions may be asked; and (2) if the IRS Commissioner determines that asking such questions would aid in the efficient administration of the tax laws, the Commissioner should submit a report to Congress that includes such questions in verbatim form and describes such class of taxpayers and the circumstances under which such questions would be asked.

113 S2043 IS: Stop IRS Overreach Act U.S. Senate 2014-02-26 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 113th CONGRESS 2d Session S. 2043 IN THE SENATE OF THE UNITED STATES February 26, 2014 Mrs. Fischer Mr. Inhofe Mr. Johanns Committee on Finance A BILL To prohibit the Internal Revenue Service from asking taxpayers questions regarding religious, political, or social beliefs. 1. Short title This Act may be cited as the Stop IRS Overreach Act 2. Prohibition on questions regarding religious, political, or social beliefs (a) In general The Internal Revenue Service shall not ask any taxpayer any question regarding religious, political, or social beliefs. (b) Sense of Congress regarding exceptions It is the sense of Congress that— (1) any exceptions to subsection (a) which are provided by later enacted provisions of law should identify the specific questions which are authorized, the class of taxpayers to which such questions are authorized to be asked, and the circumstances under which such questions are authorized to be asked, and (2) if the Commissioner of the Internal Revenue Service determines that asking any class of taxpayers a question prohibited under subsection (a) would aid in the efficient administration of the tax laws, such Commissioner should submit a report to Congress which— (A) includes such question in the verbatim form in which it is to be asked, (B) describes the class of taxpayers to whom the question is to be asked, and (C) describes the circumstances that would be required to exist before the question would be asked.

Stop IRS Overreach Act

Taxpayer Accountability Act - Requires the Internal Revenue Service (IRS): (1) to provide a substantive written response (not merely an acknowledgment letter) to any written correspondence from a taxpayer not later than 30 days after receiving such correspondence; (2) within 30 days after disclosing taxpayer information to any federal, state, or local governmental entity, to provide to the taxpayer a written notification describing the information, to whom it was disclosed, and when it was disclosed; and (3) to conclude any audit of an individual taxpayer not later than 1 year after the audit is initiated and to not assess any tax with respect to such audit after it is concluded.

113 S2044 IS: Taxpayer Accountability Act U.S. Senate 2014-02-26 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 113th CONGRESS 2d Session S. 2044 IN THE SENATE OF THE UNITED STATES February 26, 2014 Mrs. Fischer Mr. Inhofe Mr. Johanns Committee on Finance A BILL To improve transparency and efficiency with respect to audits and communications between taxpayers and the Internal Revenue Service. 1. Short title This Act may be cited as the Taxpayer Accountability Act 2. Deadline for responses to taxpayer correspondence Not later than 30 days after receiving any written correspondence from a taxpayer, the Internal Revenue Service shall provide a substantive written response. For purposes of the preceding sentence, an acknowledgment letter shall not be treated as a substantive response. 3. Taxpayer notification of disclosures by IRS of taxpayer information (a) In general Not later than 30 days after disclosing any taxpayer information to any agency or instrumentality of Federal, State, or local government, the Internal Revenue Service shall provide a written notification to the taxpayer describing— (1) the information disclosed, (2) to whom it was disclosed, and (3) the date of disclosure. (b) Exception Subsection (a) shall not apply if the Secretary of the Treasury, or the Secretary’s designee, determines that such notification would be detrimental to an ongoing criminal investigation or pose a risk to national security. 4. Deadline for conclusion of audits of individual taxpayers Any audit of a tax return of an individual by the Internal Revenue Service shall be concluded not later than 1 year after the date of the initiation of such audit and the Internal Revenue Service shall not assess any tax with respect to which such audit relates after the conclusion of such audit.

Taxpayer Accountability Act

American Royalties Too Act of 2014 - Expands copyright owners' exclusive rights, in the case of a work of visual art, to include the right to collect or authorize the collection of a royalty if the work is sold by a person other than the author for at least $5,000 in an auction. Defines "auction" as a public sale of visual art to the highest bidder run by an entity that sold at least $1 million of works of visual art during the previous year. Revises the term "work of visual art" to make requirements for photographs consistent with requirements for paintings, drawings, and prints. (Currently, a photograph must be a still photographic image produced for exhibition purposes only.) Limits the amount of such a royalty to the lesser of: (1) 5% of the purchase price; or (2) $35,000, subject to cost-of-living adjustments. Directs entities conducting such auctions to collect and pay the royalties to a visual artists' copyright collecting society. Requires the collecting society, at least four times each year, to distribute the appropriate royalties (minus administrative expenses) to authors or successor copyright owners. Requires an author of a work of visual art, in order to be eligible to receive such a royalty, to: (1) be a citizen of, or domiciled in, the United States or a country that provides resale royalty rights; or (2) have first created the work in the United States or a country that provides such royalty rights. Establishes a copyright infringement offense for the failure to pay such a royalty. Subjects infringers to: (1) statutory damages, and (2) liability for the full royalty. Prohibits the sale, assignment, or waiver of the right to collect such a royalty, subject to exceptions for works made for hire and transfers of copyright ownership. Directs the Register of Copyrights to issue regulations governing visual artists' copyright collecting societies.

113 S2045 IS: American Royalties Too Act of 2014 U.S. Senate 2014-02-26 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 113th CONGRESS 2d Session S. 2045 IN THE SENATE OF THE UNITED STATES February 26, 2014 Ms. Baldwin Mr. Markey Committee on the Judiciary A BILL To amend title 17, United States Code, to secure the rights of visual artists to copyright, to provide for resale royalties, and for other purposes. 1. Short title This Act may be cited as the American Royalties Too Act of 2014 2. Definitions Section 101 (1) by inserting after the definition of architectural work An auction ; (2) by inserting after the definition of Pictorial, graphic, and sculptural works For purposes of section 106(b), price ; (3) by inserting after the definition of registration For purposes of sections 106(b) and 701(b)(5), sale ; and (4) in the definition of work of visual art A work of visual art by the author. A work of visual art 3. Exclusive rights Section 106 (1) by inserting (a) In general.— Subject to sections 107 through 122 (2) in paragraph (5), by striking and (3) in paragraph (6), by striking the period at the end and inserting ; and (4) by adding at the end the following: (7) in the case of a work of visual art, to collect a royalty for the work if the work is sold by a person other than the author of the work for a price of not less than $5,000 as the result of an auction. (b) Collection of royalty (1) In general The collection of a royalty under subsection (a)(7) shall be conducted in accordance with this subsection. (2) Calculation of royalty (A) In general The royalty shall be an amount equal to the lesser of— (i) 5 percent of the price paid for the work of visual art; or (ii) $35,000. (B) Adjustment of amount In 2015 and each year thereafter, the dollar amount described in subparagraph (A)(ii) shall be increased by an amount equal to the product of— (i) that dollar amount; and (ii) the cost-of-living adjustment determined under section 1(f)(3) calender year 2015 calendar year 1992 (3) Collection of royalty (A) Collection Not later than 90 days after the date on which the auction occurs, the entity that conducts the auction shall— (i) collect the royalty; and (ii) pay the royalty to a visual artists’ copyright collecting society. (B) Distribution Not fewer than 4 times each year, the visual artists’ copyright collecting society shall distribute to the author or his or her successor as copyright owner an amount equal to the difference between— (i) the net royalty attributable to the sales of the author; and (ii) the reasonable administrative expenses of the collecting society as determined by regulations issued under section 701(b)(5). (4) Failure to pay royalty Failure to pay a royalty provided for under this subsection shall— (A) constitute an infringement of copyright; and (B) be subject to— (i) the payment of statutory damages under section 504(c); and (ii) liability for payment of the full royalty due. (5) Right to collect royalty The right to collect a royalty under this subsection may not be sold, assigned, or waived except as provided in section 201. (6) Eligibility to receive royalty payment The royalty shall be paid to— (A) any author of a work of visual art— (i) who is a citizen of or domiciled in the United States; (ii) who is a citizen of or domiciled in a country that provides resale royalty rights; or (iii) whose work of visual art is first created in the United States or in a country that provides resale royalty rights; or (B) the successor as copyright owner of an author described in subparagraph (A). . 4. Notice of copyright Section 401 (e) Non-Applicability to works of visual art The provisions of this section shall not apply to a work of visual art. . 5. Copyright office Section 701(b) (1) redesignating paragraph (5) as paragraph (6); and (2) inserting after paragraph (4) the following: (5) Issue regulations governing visual artists’ copyright collecting societies described in section 106, that— (A) establish a process by which an entity is determined to be and designated as a visual artists’ copyright collecting society, that— (i) requires that a visual artists’ copyright collecting society authorized to administer royalty collections and distributions under this title shall— (I) have prior experience in licensing the copyrights of authors of works of visual art in the United States; or (II) have been authorized by not fewer than 10,000 authors of works of visual art, either directly or through reciprocal agreements with foreign collecting societies, to license the rights granted under section 106; and (ii) prohibits an entity from being designated as a visual artists’ copyright collecting society if, during a period of not less than 5 years that begins after the date on which the entity is designated as a visual artists’ copyright collecting society, the entity does not distribute directly to each author, or to the successor as copyright owner of each author, the amount of the royalties required to be distributed under section 106(b)(3)(B); (B) determine a reasonable amount of administrative expenses that a visual artists’ copyright collecting society may deduct from the royalties payable to an author of a work of visual art under section 106(b)(3); and (C) establish a process by which— (i) not less frequently than annually, a visual artists’ copyright collecting society may request from any entity that conducts auctions a list of each work of visual art sold in those auctions that is by an author represented by the collecting society; and (ii) an author of a work of visual art may obtain from a visual artists’ copyright collecting society any information requested by the collecting society under clause (i) that relates to a sale of a work of visual art by the author, including the amount of any royalty paid to the collecting society on behalf of the author. . 6. Study required Not later than 5 years after the date of enactment of this Act, the Register of Copyrights shall— (1) conduct a study on— (A) the effects, if any, of the implementation of this Act, and the amendments made by this Act, on the art market in the United States; and (B) whether the provisions of this Act, and the amendments made by this Act, should be expanded to cover dealers, galleries, or other professionals engaged in the sale of works of visual art; and (2) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the study described in paragraph (1), including any recommendations for legislation. 7. Effective date This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act.

American Royalties Too Act of 2014

Access to Hearing Healthcare Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to revise the definition of Medicare-covered audiology (hearing and balance assessment) services provided by a qualified and legally authorized audiologist to state that such services are covered without regard to any requirement that: (1) the individual receiving them be under the care of (or referred by) a physician or other health care practitioner, or (2) such services are provided under the supervision of a physician or other health practitioner. Includes audiology services as medical services, as so redefined, under Medicare part B (Supplementary Medical Insurance).

113 S2046 IS: Access to Hearing Healthcare Act of 2014 U.S. Senate 2014-02-26 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 113th CONGRESS 2d Session S. 2046 IN THE SENATE OF THE UNITED STATES February 26, 2014 Mr. Brown Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide Medicare beneficiaries coordinated care and greater choice with regard to accessing hearing health services and benefits. 1. Short title This Act may be cited as the Access to Hearing Healthcare Act of 2014 2. Findings Congress finds the following: (1) Approximately 36,000,000 Americans experience some degree of hearing loss and by 2030 that number is expected to increase to 78,000,000 Americans. (2) Hearing impairment is one of the most common conditions affecting older adults, with approximately 33 percent of Americans aged 60 years and over and 40 to 50 percent of those aged 75 years and older experiencing hearing loss. (3) The National Institute on Deafness and Other Communication Disorders estimates that approximately 15 percent (26 million) of Americans between the ages of 20 and 69 have high frequency hearing loss due to exposure to loud sounds or noise at work or in leisure activities. (4) Hearing loss is a major barrier to participating in society, both economically and socially. (5) Hearing loss among senior citizens, if left untreated, can result in isolation and depression. (6) The Department of Veterans Affairs allows veterans to directly access audiologists and has reported that this policy, adopted in 1992, provides high-quality, efficient, and cost-effective hearing care. (7) The Office of Personnel Management allows Federal employees and Members of Congress to directly access audiologists through the Federal Employees Health Benefits Program. (8) Audiologists are licensed in each State and the District of Columbia and the scope of services furnished by audiologists is determined by each jurisdiction involved. (9) Consistency in Federal policy with respect to hearing health services should be encouraged to the greatest extent possible. (10) Audiologists hold Master’s or Doctoral Degrees in audiology, completing university training programs which provide for rigorous theoretical and clinical education on evaluation, diagnosis, and treatment. (11) As of January 1, 2010, audiologists are categorized under a unique broad occupation category within the Standard Occupational Classification (SOC) system to better reflect the diagnostic and treatment nature of the services they provide. 3. Enabling medicare beneficiaries to have their choice of qualified hearing health care providers Section 1861(ll)(3) of the Social Security Act ( 42 U.S.C. 1395x(ll)(3) , without regard to any requirement that the individual receiving the audiology services be under the care of (or referred by) a physician or other health care practitioner or that such services are provided under the supervision of a physician or other health care practitioner 4. Inclusion of audiology services as medical services under medicare part B; payment for such services (a) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) (1) in subparagraph (EE), by striking and (2) in subparagraph (FF), by inserting and (3) by adding at the end the following new subparagraph: (GG) audiology services (as defined in subsection (ll)(3)); . (b) Payment under the physician fee schedule Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) (2)(GG), (3) 5. Construction; effective date (a) Construction Nothing in the amendments made by this Act shall be construed to expand the scope of audiology services for which payment may be made under title XVIII of the Social Security Act on December 31, 2013. (b) Effective date The amendments made by this Act shall take effect with respect to services furnished on or after January 1, 2015.

Access to Hearing Healthcare Act of 2014

Protecting Children from Electronic Cigarette Advertising Act of 2014 - Prohibits advertisement, promotion, or marketing in commerce of electronic cigarettes in a manner that is known, or should be known, to increase the use of electronic cigarettes by children under the age of 18. Defines "electronic cigarette" as a battery-operated product designed to: (1) deliver nicotine, flavor, or other chemicals; and (2) turn chemicals, such as nicotine, into an aerosol that is inhaled by the user. Sets forth authority for: (1) the Federal Trade Commission (FTC) to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation. Allows the FTC to intervene and appeal in state actions.

113 S2047 IS: Protecting Children from Electronic Cigarette Advertising Act of 2014 U.S. Senate 2014-02-26 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 113th CONGRESS 2d Session S. 2047 IN THE SENATE OF THE UNITED STATES February 26, 2014 Mrs. Boxer Mr. Durbin Mr. Harkin Mr. Blumenthal Mr. Markey Mr. Brown Committee on Commerce, Science, and Transportation A BILL To prohibit the marketing of electronic cigarettes to children, and for other purposes. 1. Short title This Act may be cited as the Protecting Children from Electronic Cigarette Advertising Act of 2014 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) According to the Food and Drug Administration, because electronic cigarettes have not been fully studied, consumers currently do not know— (A) the potential risks of electronic cigarettes when used as intended; (B) how much nicotine or other potentially harmful chemicals are being inhaled during use; or (C) if there are any benefits associated with using these products. (2) Most electronic cigarettes contain widely varying levels of nicotine, which is a highly addictive drug that impacts the cardiovascular system and can be lethal when delivered in high doses. (3) According to the Surgeon General, adolescents are particularly vulnerable to the adverse effects of nicotine and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (4) Use of electronic cigarettes has risen in youth according to a study by the Centers for Disease Control and Prevention that was released in September 2013, which found that in one year, from 2011 to 2012, the percentage of middle and high school students who had ever used electronic cigarettes more than doubled. (5) Electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products. (6) Marketing of electronic cigarettes to youth is occurring in the form of advertising using cartoons and sponsorships of events popular with youth such as concerts and sporting events. (b) Sense of Congress It is the sense of Congress that the Federal Trade Commission should prohibit the advertising, promoting, and marketing in commerce of electronic cigarettes to children as an unfair or deceptive act or practice, in order to protect the health of the youth of the United States. 3. Prohibition on marketing of electronic cigarettes to children (a) Definitions In this section: (1) Child The term child (2) Commerce The term commerce 15 U.S.C. 44 (3) Electronic cigarette The term electronic cigarette (b) Prohibition No person may advertise, promote, or market in commerce an electronic cigarette in a manner that the person knows or should know will have the effect of increasing the use of an electronic cigarette by a child. (c) Enforcement by Federal Trade Commission (1) Unfair or deceptive act or practice A violation of subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of Commission (A) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Rulemaking The Federal Trade Commission may promulgate standards and rules to carry out this section in accordance with section 553 (d) Enforcement by States (1) In general In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (b) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of such subsection by such person; (B) to compel compliance with such subsection; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation For purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person who violates subsection (b), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with subsection (b) by an amount not greater than $16,000. (B) Adjustment for inflation Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Federal Trade Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by Federal Trade Commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (b), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (7) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (e) Construction Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the marketing of electronic cigarettes, including the marketing of electronic cigarettes to children. (f) Relation to State law This section shall not be construed as superseding, altering, or affecting any provision of law of a State, except to the extent that such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency.

Protecting Children from Electronic Cigarette Advertising Act of 2014

Makes New Zealand nationals eligible to enter the United States as nonimmigrant traders and investors as provided for under the Immigration and Nationality Act if New Zealand provides reciprocal nonimmigrant treatment to U.S. nationals.

113 S2048 IS: Encouraging Trade and Investment from New Zealand Act U.S. Senate 2014-02-26 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 113th CONGRESS 2d Session S. 2048 IN THE SENATE OF THE UNITED STATES February 26, 2014 Ms. Hirono Mr. Lee Mr. McCain Mr. Rubio Mr. Schumer Mrs. Murray Committee on the Judiciary A BILL To include New Zealand in the list of foreign states whose nationals are eligible for admission into the United States as E–1 and E–2 nonimmigrants if United States nationals are treated similarly by the Government of New Zealand. 1. Short title This Act may be cited as the Encouraging Trade and Investment from New Zealand Act 2. Nonimmigrant traders and investors For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E)

Encouraging Trade and Investment from New Zealand Act

Transparency in Assertion of Patents Act - Directs the Federal Trade Commission (FTC) to promulgate rules prohibiting unfair or deceptive acts and practices in the sending of written communications (commonly referred to as "demand letters") stating that the intended recipient, or any person affiliated with the intended recipient: (1) is infringing, or may be infringing, the patent of another; and (2) bears liability or owes compensation. Requires such rules to establish disclosures that such written communications must contain, including: each claim of each patent allegedly infringed; each product, device, business method, service, or technology that allegedly infringes each claim; a notice that the intended recipient may have the right to have the product manufacturer defend against the infringement; contact information necessary to determine the identity of a person with the right to enforce the patent or with a direct financial interest in the patent, including each owner, co-owner, assignee, exclusive licensee, and entity with the authority to enforce the patent, as well as the ultimate parent entity with such authority; any licensing commitment or obligation (such as reasonable and non-discriminatory terms) that applies to the patent or claim; the method used to calculate any proposed compensation; and each current instance of reexamination or other post-grant review of the patent at the U.S. Patent and Trademark Office (USPTO), any litigation involving the patent, and the status of such review and any determinations as to the invalidity of the patent or any of its claims. Directs the FTC to: (1) prohibit unfair or deceptive assertions in such written communications, and (2) provide education and awareness to the public regarding deceptive communications. Sets forth the enforcement authority of the FTC and authorizes civil actions by states. Establishes civil penalties applicable to state actions.

113 S2049 IS: Transparency in Assertion of Patents Act U.S. Senate 2014-02-26 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 113th CONGRESS 2d Session S. 2049 IN THE SENATE OF THE UNITED STATES February 26, 2014 Mrs. McCaskill Mr. Rockefeller Committee on Commerce, Science, and Transportation A BILL To curb unfair and deceptive practices during assertion of patents, and for other purposes. 1. Short title This Act may be cited as the Transparency in Assertion of Patents Act 2. Transparency in assertion of patents (a) Disclosures The Federal Trade Commission (referred to in this Act as the Commission (1) a detailed description of— (A) each patent allegedly infringed, including the patent number; and (B) each claim of each patent that is allegedly infringed; (2) a clear, accurate, and detailed description, such as the manufacturer and model number, of each product, device, business method, service, or technology that allegedly infringes each claim under paragraph (1)(B) or that is covered by that claim; (3) a clear, accurate, and detailed description of how a product, device, business method, service, or technology under paragraph (2) allegedly infringes a patent or claim under paragraph (1); (4) notice to the intended recipient that the intended recipient may have the right to have the manufacturer under paragraph (2) defend against the alleged infringement; (5) a name, an address, and any other contact information necessary for an intended recipient to determine the identity of a person with the right to enforce a patent described under paragraph (1) or with a direct financial interest in a patent described under paragraph (1), including each owner, co-owner, assignee, exclusive licensee, and entity with the authority to enforce the patent, and the ultimate parent entity (as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor regulation) of each owner, co-owner, assignee, exclusive licensee, and entity with the authority to enforce the patent; (6) a description of any licensing commitment or obligation, such as reasonable and non-discriminatory terms, that applies to a patent or claim under paragraph (1); (7) if compensation is proposed, the method used to calculate that proposed amount; (8) each current instance of reexamination or other post-grant review of each patent described under paragraph (1) at the Patent and Trademark Office, any past or ongoing litigation involving the patent, and the status of such review and any determinations as to the invalidity of the patent or any of its claims; and (9) other disclosures that the Commission considers necessary to carry out the purpose of this Act. (b) Exemptions The rules promulgated by the Commission under subsection (a) may exempt from any requirement of that subsection written communication between parties regarding existing licensing agreements, and any other written communication, that the Commission determines is not necessary for the protection of consumers or within the scope of the purposes of this Act. (c) Unfair or deceptive assertions The Commission shall promulgate rules to prohibit unfair or deceptive assertions in written communication to which subsection (a) applies. Such rules shall specify the actions that constitute an unfair or deceptive assertion, including— (1) an assertion that falsely threatens administrative or judicial relief will be sought if compensation is not paid or the infringement is not otherwise resolved; (2) an assertion that lacks a reasonable basis in fact or law; and (3) an assertion that is likely to materially mislead a reasonable intended recipient. (d) Consumer education The Commission shall provide education and awareness to the public regarding unfair or deceptive patent assertions. (e) Rulemaking The Commission shall promulgate the rules under this Act in accordance with section 553 (f) Enforcement by the Commission A violation of a rule promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) 15 U.S.C. 41 et seq. (g) Enforcement by State attorneys general (1) Civil action In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by engagement of any person subject to a rule promulgated under this Act in a practice that violates the rule, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of the rule by the defendant; (B) to compel compliance with the rule; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such further and other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation For purposes of imposing a civil penalty under paragraph (1)(E), the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than $16,000. (B) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Intervention by the Commission (A) Notice and intervention The State shall provide prior written notice of any civil action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon commencing such action. The Commission shall have the right— (i) to intervene in the civil action; (ii) upon so intervening, to be heard on all matters arising in the civil action; and (iii) to file petitions for appeal of a decision in the civil action. (B) Limitation on State action while Federal action is pending If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act 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 conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary and other evidence. (h) Rule of construction Nothing in this Act shall be construed as limiting or otherwise affecting in any way— (1) any other authority of the Commission; or (2) the application of title 35, United States Code, or any other provision of law relating to patents.

Transparency in Assertion of Patents Act

Highway Innovative Financing Act of 2014 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to remove limits on the number of state or local governments or public authorities with which the Secretary of Transportation (DOT) may enter into cooperative agreements to establish value pricing pilot programs (in effect, allowing extension of the programs to all such authorities). Amends the Transportation Equity Act for the 21st Century (TEA-21) to increase from 3 to 10 the number of IS highways, bridges, or tunnels where a state may collect tolls for the reconstruction and rehabilitation of Interstate System highway corridors.

113 S2051 IS: Highway Innovative Financing Act of 2014 U.S. Senate 2014-02-27 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. 2051 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Kirk Mr. Warner Committee on Environment and Public Works A BILL To provide States with greater flexibility in innovative highway financing. 1. Short title This Act may be cited as the Highway Innovative Financing Act of 2014 2. Innovative surface transportation financing methods (a) Value pricing pilot program Section 1012(b)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 ( 23 U.S.C. 149 as many as 15 such State or local governments or public authorities States, local governments, and public authorities (b) Interstate system reconstruction and rehabilitation pilot program Section 1216(b)(2) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; Public Law 105–178 (1) in the first sentence, by striking 3 10 (2) by striking the second sentence.

Highway Innovative Financing Act of 2014

Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act - Amends the Energy Conservation and Production Act to extend the Weatherization Assistance Program for low-income persons through FY2019. Requires the Secretary of Energy (DOE) to make competitive grants to qualified tax-exempt charitable organizations for energy efficiency retrofit uses that include: energy efficiency audits, cost-effective retrofit, and related activities in different climatic regions of the United States; energy efficiency materials and supplies; organizational capacity for retrofit programs; energy efficiency, audit and retrofit training, and technical assistance; information to homeowners on proper maintenance and energy savings behaviors; quality control and improvement; data collection, measurement, and verification; program monitoring, oversight, evaluation, and reporting; management and administration; and labor and training activities. Requires contractors carrying out weatherization with funds under the Act to be selected through a competitive bidding process and be accredited as specified by this Act. Requires organizations, in order to receive a grant, to use a crew chief who is certified or accredited as required by this Act. Requires the Secretary, beginning on October 1, 2015, to ensure that: (1) each retrofit for which weatherization assistance is provided meets minimum efficiency and quality of work standards established by the Secretary, (2) at least 10% of the dwelling units are randomly inspected by an accredited third party to ensure compliance with the standards, and (3) the standards meet or exceed the current industry standards for home performance work. Amends the Energy Policy and Conservation Act to extend the program for state energy conservation plans through FY2019.

113 S2052 IS: Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act U.S. Senate 2014-02-27 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. 2052 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Coons Ms. Collins Mr. Reed Mrs. Shaheen Committee on Energy and Natural Resources A BILL To reauthorize the weatherization and State energy programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Weatherization assistance program Sec. 101. Reauthorization of Weatherization Assistance Program. Sec. 102. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations. Sec. 103. Standards program. TITLE II—State energy program Sec. 201. Reauthorization of State energy program. 2. Findings Congress finds that— (1) the State energy program established under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. SEP WAP (2) the SEP and the WAP have been reauthorized on a bipartisan basis over many years to address changing national, regional, and State circumstances and needs, especially through— (A) the Energy Policy and Conservation Act 42 U.S.C. 6201 et seq. (B) the Energy Conservation and Production Act ( 42 U.S.C. 6801 et seq. (C) the State Energy Efficiency Programs Improvement Act of 1990 ( Public Law 101–440 (D) the Energy Policy Act of 1992 ( 42 U.S.C. 13201 et seq. (E) the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. (F) the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17001 et seq. (3) the SEP, also known as the State energy conservation program (A) was first created in 1975 to implement a State-based, national program in support of energy efficiency, renewable energy, economic development, energy emergency preparedness, and energy policy; and (B) has come to operate in every sector of the economy in support of the private sector to improve productivity and has dramatically reduced the cost of government through energy savings at the State and local levels; (4) Federal laboratory studies have concluded that, for every Federal dollar invested through the SEP, more than $7 is saved in energy costs and almost $11 in non-Federal funds is leveraged; (5) the WAP— (A) was first created in 1976 to assist low-income families in response to the first oil embargo; (B) has become the largest residential energy conservation program in the United States, with more than 7,100,000 homes weatherized since the WAP was created; (C) saves an estimated 35 percent of consumption in the typical weatherized home, yielding average annual savings of $437 per year in home energy costs; (D) has created thousands of jobs in both the construction sector and in the supply chain of materials suppliers, vendors, and manufacturers who supply the WAP; (E) returns $2.51 in energy savings for every Federal dollar spent in energy and nonenergy benefits over the life of weatherized homes; (F) serves as a foundation for residential energy efficiency retrofit standards, technical skills, and workforce training for the emerging broader market and reduces residential and power plant emissions of carbon dioxide by 2.65 metric tons each year per home; and (G) has decreased national energy consumption by the equivalent of 24,100,000 barrels of oil annually; (6) the WAP can be enhanced with the addition of a targeted portion of the Federal funds through an innovative program that supports projects performed by qualified nonprofit organizations that have a demonstrated capacity to build, renovate, repair, or improve the energy efficiency of a significant number of low-income homes, building on the success of the existing program without replacing the existing WAP network or creating a separate delivery mechanism for basic WAP services; (7) the WAP has increased energy efficiency opportunities by promoting new, competitive public-private sector models of retrofitting low-income homes through new Federal partnerships; (8) improved monitoring and reporting of the work product of the WAP has yielded benefits, and expanding independent verification of efficiency work will support the long-term goals of the WAP; (9) reports of the Government Accountability Office in 2011, Inspector General's of the Department of Energy, and State auditors have identified State-level deficiencies in monitoring efforts that can be addressed in a manner that will ensure that WAP funds are used more effectively; (10) through the history of the WAP, the WAP has evolved with improvements in efficiency technology, including, in the 1990s, many States adopting advanced home energy audits, which has led to great returns on investment; and (11) as the home energy efficiency industry has become more performance-based, the WAP should continue to use those advances in technology and the professional workforce. I Weatherization assistance program 101. Reauthorization of Weatherization Assistance Program Section 422 of the Energy Conservation and Production Act ( 42 U.S.C. 6872 appropriated— appropriated $450,000,000 for each of fiscal years 2015 through 2019. 102. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations The Energy Conservation and Production Act is amended by inserting after section 414B ( 42 U.S.C. 6864b 414C. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations (a) Purposes The purposes of this section are— (1) to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; (2) to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage substantial donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; (3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low-income energy retrofit programs of the covered organizations; and (4) to ensure that the covered organizations make the energy retrofit programs of the covered organizations self-sustaining by the time grant funds have been expended. (b) Definitions In this section: (1) Covered organization The term covered organization (A) is described in section 501(c)(3) (B) has an established record of constructing, renovating, repairing, or making energy efficient a total of not less than 250 owner-occupied, single-family or multifamily homes per year for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available). (2) Low-income The term low-income (3) Weatherization Assistance Program for Low-Income Persons The term Weatherization Assistance Program for Low-Income Persons (c) Competitive grant program The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. (d) Award factors In making grants under this section, the Secretary shall consider— (1) the number of low-income homes the applicant— (A) has built, renovated, repaired, or made more energy efficient as of the date of the application; and (B) can reasonably be projected to build, renovate, repair, or make energy efficient during the 10-year period beginning on the date of the application; (2) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; (3) the number and diversity of States and climates in which the applicant works as of the date of the application; (4) the amount of non-Federal funds, donated or discounted materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the applicant will provide; (5) the extent to which the applicant could successfully replicate the energy retrofit program of the applicant and sustain the program after the grant funds have been expended; (6) regional diversity; (7) urban, suburban, and rural localities; and (8) such other factors as the Secretary determines to be appropriate. (e) Applications (1) In general Not later than 180 days after the date of enactment of this section, the Secretary shall request proposals from covered organizations. (2) Administration To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Awards Not later than 90 days after the date of issuance of a request for proposals, the Secretary shall award grants under this section. (f) Eligible uses of grant funds A grant under this section may be used for— (1) energy efficiency audits, cost-effective retrofit, and related activities in different climatic regions of the United States; (2) energy efficiency materials and supplies; (3) organizational capacity— (A) to significantly increase the number of energy retrofits; (B) to replicate an energy retrofit program in other States; and (C) to ensure that the program is self-sustaining after the Federal grant funds are expended; (4) energy efficiency, audit and retrofit training, and ongoing technical assistance; (5) information to homeowners on proper maintenance and energy savings behaviors; (6) quality control and improvement; (7) data collection, measurement, and verification; (8) program monitoring, oversight, evaluation, and reporting; (9) management and administration (up to a maximum of 10 percent of the total grant); (10) labor and training activities; and (11) such other activities as the Secretary determines to be appropriate. (g) Maximum amount The amount of a grant provided under this section shall not exceed— (1) if the amount made available to carry out this section for a fiscal year is $225,000,000 or more, $5,000,000; and (2) if the amount made available to carry out this section for a fiscal year is less than $225,000,000, $1,500,000. (h) Guidelines (1) In general Not later than 90 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section. (2) Administration The guidelines— (A) shall not apply to the Weatherization Assistance Program for Low-Income Persons, in whole or major part; but (B) may rely on applicable provisions of law governing the Weatherization Assistance Program for Low-Income Persons to establish— (i) standards for allowable expenditures; (ii) a minimum savings-to-investment ratio; (iii) standards— (I) to carry out training programs; (II) to conduct energy audits and program activities; (III) to provide technical assistance; (IV) to monitor program activities; and (V) to verify energy and cost savings; (iv) liability insurance requirements; and (v) recordkeeping requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. (i) Review and evaluation The Secretary shall review and evaluate the performance of any covered organization that receives a grant under this section (which may include an audit), as determined by the Secretary. (j) Compliance with State and local law Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section. (k) Annual reports The Secretary shall submit to Congress annual reports that provide— (1) findings; (2) a description of energy and cost savings achieved and actions taken under this section; and (3) any recommendations for further action. (l) Funding Of the amount of funds that are made available to carry out the Weatherization Assistance Program for each of fiscal years 2015 through 2019 under section 422, the Secretary shall use to carry out this section for each of fiscal years 2015 through 2019— (1) 2 percent of the amount if the amount is less than $225,000,000; (2) 5 percent of the amount if the amount is $225,000,000 or more but less than $260,000,000; (3) 10 percent of the amount if the amount is $260,000,000 or more but less than $400,000,000; and (4) 20 percent of the amount if the amount is $400,000,000 or more. . 103. Standards program Section 415 of the Energy Conservation and Production Act ( 42 U.S.C. 6865 (f) Standards program (1) Contractor qualification Effective beginning January 1, 2015, to be eligible to carry out weatherization using funds made available under this part, a contractor shall be selected through a competitive bidding process and be— (A) accredited by the Building Performance Institute; (B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or (C) accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary. (2) Grants for energy retrofit model programs (A) In general To be eligible to receive a grant under section 414C, a covered organization (as defined in section 414C(b)) shall use a crew chief who— (i) is certified or accredited in accordance with paragraph (1); and (ii) supervises the work performed with grant funds. (B) Volunteer labor A volunteer who performs work for a covered organization that receives a grant under section 414C shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor. (C) Training The Secretary shall use training and technical assistance funds available to the Secretary to assist covered organizations under section 414C in providing training to obtain certification required under this subsection, including provisional or temporary certification. (3) Minimum efficiency standards Effective beginning October 1, 2015, the Secretary shall ensure that— (A) each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the Secretary after weatherization of a dwelling unit; (B) at least 10 percent of the dwelling units are randomly inspected by a third party accredited under this subsection to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and (C) the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection, as determined by the Secretary. . II State energy program 201. Reauthorization of State energy program Section 365(f) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(f) $125,000,000 for each of fiscal years 2007 through 2012 $75,000,000 for each of fiscal years 2015 through 2019

Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act

Stop Child Abuse in Residential Programs for Teens Act of 2014 - Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to require each location of a covered program to meet specified minimum standards if individually or together with other locations it has an effect on interstate commerce. Defines "covered program" as one operated by a public or private entity that with respect to one or more children unrelated to the program owner or operator: (1) provides a residential environment; and (2) operates with a focus on serving children with emotional, behavioral, or mental health problems or disorders, or problems with alcohol or substance abuse. Directs the Assistant Secretary to: (1) implement an ongoing review process for investigating and evaluating reports of child abuse and neglect; (2) establish public websites with information about each covered program, as well as a national toll-free telephone hotline to receive complaints; (3) establish civil penalties for violations of standards; and (4) establish a process to ensure that complaints received by the hotline are promptly reviewed by persons with appropriate expertise. Requires the Assistant Secretary to refer any violation of such standards to the Attorney General for appropriate action. Authorizes the Attorney General to file such a complaint on his or her own initiative regardless of whether such a referral has been made. Amends the Child Abuse Prevention and Treatment Act to establish additional eligibility requirements for grants to states to prevent child abuse and neglect at residential programs. Requires such states to develop policies and procedures to prevent child abuse and neglect at covered programs consistent with the standards specified by this Act. Directs the Secretary of Health and Human Services (HHS) to study outcomes for children in both private and public covered programs under this Act encompassing a broad representation of treatment facilities and geographic regions. Directs the Comptroller General (GAO) to study the implementation of this Act and the effectiveness of the covered programs.

113 S2054 IS: Stop Child Abuse in Residential Programs for Teens Act of 2014 U.S. Senate 2014-02-27 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. 2054 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Murphy Mr. Harkin Committee on Health, Education, Labor, and Pensions A BILL To require certain standards and enforcement provisions to prevent child abuse and neglect in residential programs, and for other purposes. 1. Short title This Act may be cited as the Stop Child Abuse in Residential Programs for Teens Act of 2014 2. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary (2) Child The term child (3) Child abuse and neglect The term child abuse and neglect 42 U.S.C. 5101 (4) Covered program (A) In general The term covered program (i) provides a residential environment, such as— (I) a program with a wilderness or outdoor experience, expedition, or intervention; (II) a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; (III) a therapeutic boarding school; or (IV) a behavioral modification program; and (ii) operates with a focus on serving children with— (I) emotional, behavioral, or mental health problems or disorders; or (II) problems with alcohol or substance abuse. (B) Exclusion The term covered program (i) a hospital licensed by the State; or (ii) a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home. (5) Protection and advocacy system The term protection and advocacy system 42 U.S.C. 15043 (6) State The term State 42 U.S.C. 5101 3. Standards and enforcement (a) Minimum standards (1) In general Not later than 180 days after the date of enactment of this Act, the Assistant Secretary for Children and Families of the Department of Health and Human Services shall require each covered program, in order to provide for the basic health and safety of children at such a program, to meet the following minimum standards: (A) Child abuse and neglect shall be prohibited. (B) Disciplinary techniques or other practices that involve the withholding of essential food, water, clothing, shelter, or medical care necessary to maintain physical health, mental health, and general safety, shall be prohibited. (C) The protection and promotion of the right of each child at such a program to be free from physical restraints and mechanical restraints and seclusion (as such terms are defined in section 595 of the Public Health Service Act ( 42 U.S.C. 290jj (D) Acts of physical or mental abuse designed to humiliate, degrade, or undermine a child’s self-respect shall be prohibited. (E) Each child at such a program shall have reasonable access to a telephone, and be informed of their right to such access, for making and receiving phone calls with as much privacy as possible, and shall have access to the appropriate State or local child abuse reporting hotline number, and the national hotline number referred to in subsection (c)(2). (F) Each staff member, including volunteers, at such a program shall be required, as a condition of employment, to become familiar with what constitutes child abuse and neglect, as defined by State law. (G) Each staff member, including volunteers, at such a program shall be required, as a condition of employment, to become familiar with the requirements, including with State law relating to mandated reporters, and procedures for reporting child abuse and neglect in the State in which such a program is located. (H) Full disclosure, in writing, of staff qualifications and their roles and responsibilities at such program, including medical, emergency response, and mental health training, shall be given to parents or legal guardians of children at such a program, including providing information on any staff changes, including changes to any staff member’s qualifications, roles, or responsibilities, not later than 10 days after such changes occur. (I) Each staff member at a covered program described in subclause (I) or (II) of section 2(4)(A)(i) shall be required, as a condition of employment, to be familiar with the signs, symptoms, and appropriate responses associated with heatstroke, dehydration, hypothermia, and common medical emergencies including burns, drowning, and insect and animal bites. (J) Each staff member, including volunteers, shall be required, as a condition of employment, to submit to a criminal history check, including a name-based search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. (K) The covered program shall provide an independent process by which an applicant or staff member who is determined to be ineligible as a result of a criminal history check under subparagraph (J) shall have the right— (i) to obtain a copy of the report resulting from the check; and (ii) within 10 business days after receipt of the report, to appeal, in order to dispute the accuracy of the information obtained through the check. (L) Each staff member at a covered program shall be required to understand the policies and procedures for the provision of emergency medical care, including policies for staff protocols for implementing emergency responses. (M) All promotional and informational materials produced by such a program shall include a hyperlink to or the URL address of the website created by the Assistant Secretary pursuant to subsection (c)(1)(A). (N) Policies to require— (i) parents or legal guardians of a child attending such a program to notify, in writing, such program of any medication the child is taking; (ii) such program— (I) to obtain consent from the parents or legal guardians of the child to make any change to the child's medical treatment, except in the case of an emergency; and (II) in the case of an emergency, to notify the parents or guardians within 24 hours after any change to the child’s medical treatment and the reason for such change; and (iii) such program to notify the parents or guardians within 24 hours after any missed dosage of prescribed medication. (O) Procedures for notifying immediately, to the maximum extent practicable, but not later than within 48 hours, parents or legal guardians with children at such a program of any— (i) on-site investigation of a report of child abuse and neglect; (ii) violation of the health and safety standards described in this paragraph; and (iii) violation of State licensing standards developed pursuant to section 114(b)(1) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act. (P) Other standards the Assistant Secretary determines appropriate to provide for the basic health and safety of children at such a program. (2) Regulations (A) Interim regulations Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall promulgate and enforce interim regulations to carry out paragraph (1). (B) Public comment The Assistant Secretary shall, for a 90-day period beginning on the date of the promulgation of interim regulations under subparagraph (A) of this paragraph, solicit and accept public comment concerning such regulations. Such public comment shall be submitted in written form. (C) Final regulations Not later than 90 days after the conclusion of the 90-day period referred to in subparagraph (B) of this paragraph, the Assistant Secretary shall promulgate and enforce final regulations to carry out paragraph (1). (b) Monitoring and enforcement (1) On-going review process Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall implement an on-going review process for investigating and evaluating reports of child abuse and neglect at covered programs received by the Assistant Secretary from the appropriate State, in accordance with section 114(b)(3) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act. Such review process shall— (A) include an investigation to determine if a violation of the standards required under subsection (a)(1) has occurred; (B) include an assessment of the State’s performance with respect to appropriateness of response to and investigation of reports of child abuse and neglect at covered programs and appropriateness of legal action against responsible parties in such cases; (C) be completed not later than 60 days after receipt by the Assistant Secretary of such a report; (D) not interfere with an investigation by the State or a subdivision thereof; and (E) be implemented in each State in which a covered program operates until such time as each such State has satisfied the requirements under section 114(c) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act, as determined by the Assistant Secretary, or 2 years has elapsed from the date that such review process is implemented, whichever is later. (2) Civil penalties Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall promulgate regulations establishing civil penalties for violations of the standards required under subsection (a)(1). The regulations establishing such penalties shall incorporate the following: (A) Any owner or operator of a covered program at which the Assistant Secretary has found a violation of the standards required under subsection (a)(1) may be assessed a civil penalty not to exceed $50,000 per violation. (B) All penalties collected under this subsection shall be deposited in the appropriate account of the Treasury of the United States. (c) Dissemination of information The Assistant Secretary shall establish, maintain, and disseminate information about the following: (1) Websites made available to the public that contain, at a minimum, the following: (A) The name and each location of each covered program, and the name of each owner and operator of each such program, operating in each State, and information regarding— (i) each such program’s history of violations of— (I) regulations promulgated pursuant to subsection (a); and (II) section 114(b)(1) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act; (ii) each such program’s current status with the State licensing requirements under section 114(b)(1) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act; (iii) any deaths that occurred to a child while under the care of such a program, including any such deaths that occurred in the 5-year period immediately preceding the date of enactment of this Act, and including the cause of each such death; (iv) each owner or operator of a covered program that was found to be in violation of the standards required under subsection (a)(1), or a violation of the licensing standards developed pursuant to section 114(b)(1) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act, and who subsequently owns or operates another covered program; and (v) any penalties levied under subsection (b)(2) and any other penalties levied by the State, against each such program. (B) Information on best practices for helping adolescents with mental health disorders, conditions, behavioral challenges, or alcohol or substance abuse, including information to help families access effective resources in their communities. (2) A national toll-free telephone hotline to receive complaints of child abuse and neglect at covered programs and violations of the standards required under subsection (a)(1). (d) Action The Assistant Secretary shall establish a process to— (1) ensure complaints of child abuse and neglect received by the hotline established pursuant to subsection (c)(2) are promptly reviewed by persons with expertise in evaluating such types of complaints; (2) immediately notify the State, appropriate local law enforcement, and the appropriate protection and advocacy system of any credible complaint of child abuse and neglect at a covered program received by the hotline; (3) investigate any such credible complaint not later than 30 days after receiving such complaint to determine if a violation of the standards required under subsection (a)(1) has occurred; and (4) ensure the collaboration and cooperation of the hotline established pursuant to subsection (c)(2) with other appropriate National, State, and regional hotlines, and, as appropriate and practicable, with other hotlines that might receive calls about child abuse and neglect at covered programs. 4. Enforcement by the Attorney General If the Assistant Secretary determines that a violation of subsection (a)(1) of section 3 has not been remedied through the enforcement process described in subsection (b)(2) of such section, the Assistant Secretary shall refer such violation to the Attorney General for appropriate action. Regardless of whether such a referral has been made, the Attorney General may, sua sponte, file a complaint in any court of competent jurisdiction seeking equitable relief or any other relief authorized by this Act for such violation. 5. Report Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of Health and Human Services, in coordination with the Attorney General shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities carried out by the Assistant Secretary and the Attorney General under this Act, including— (1) a summary of findings from on-going reviews conducted by the Assistant Secretary pursuant to section 3(b)(1), including a description of the number and types of covered programs investigated by the Assistant Secretary pursuant to such section; (2) a description of types of violations of health and safety standards found by the Assistant Secretary and any penalties assessed; (3) a summary of State progress in meeting the requirements of this Act, including the requirements under section 114 of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act; (4) a summary of the Secretary’s oversight activities and findings conducted pursuant to subsection (d) of such section 114; and (5) a description of the activities undertaken by the national toll-free telephone hotline established pursuant to section 3(c)(2). 6. Authorization of appropriations There is authorized to be appropriated to the Secretary of Health and Human Services $15,000,000 for each of fiscal years 2015 through 2019 to carry out this Act (excluding the amendment made by section 7 of this Act and section 8 of this Act). The Secretary of Health and Human Services shall reserve a portion of the appropriated funds and make the portion available to the Comptroller General of the United States to carry out section 9. 7. Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs (a) In general Title I of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq. 114. Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs (a) Definitions In this section: (1) Child The term child (2) Covered program (A) In general The term covered program (i) provides a residential environment, such as— (I) a program with a wilderness or outdoor experience, expedition, or intervention; (II) a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; (III) a therapeutic boarding school; or (IV) a behavioral modification program; and (ii) operates with a focus on serving children with— (I) emotional, behavioral, or mental health problems or disorders; or (II) problems with alcohol or substance abuse. (B) Exclusion The term covered program (i) a hospital licensed by the State; or (ii) a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home. (3) Protection and advocacy system The term protection and advocacy system 42 U.S.C. 15043 (b) Eligibility requirements To be eligible to receive a grant under section 106, a State shall— (1) not later than 3 years after the date of enactment of this section, develop policies and procedures to prevent child abuse and neglect at covered programs operating in such State, including having in effect health and safety licensing requirements applicable to and necessary for the operation of each location of such covered programs that include, at a minimum— (A) standards that meet or exceed the standards required under section 3(a)(1) of the Stop Child Abuse in Residential Programs for Teens Act of 2014 (B) the provision of essential food, water, clothing, shelter, and medical care necessary to maintain physical health, mental health, and general safety of children at such programs; (C) policies for emergency medical care preparedness and response, including minimum staff training and qualifications for such responses; and (D) notification to appropriate staff at covered programs if their position of employment meets the definition of mandated reporter, as defined by the State; (2) develop policies and procedures to monitor and enforce compliance with the licensing requirements developed in accordance with paragraph (1), including— (A) designating an agency to be responsible, in collaboration and consultation with State agencies providing human services (including child protective services, and services to children with emotional, psychological, developmental, or behavioral dysfunctions, impairments, disorders, or alcohol or substance abuse), State law enforcement officials, the appropriate protection and advocacy system, and courts of competent jurisdiction, for monitoring and enforcing such compliance; (B) establishing a State licensing application process through which any individual seeking to operate a covered program would be required to disclose all previous substantiated reports of child abuse and neglect and all child deaths at any businesses previously or currently owned or operated by such individual, except that substantiated reports of child abuse and neglect may remain confidential and all reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect; (C) conducting unannounced site inspections not less often than once every 2 years at each location of a covered program; (D) creating a non-public database, to be integrated with the annual State data reports required under section 106(d), of reports of child abuse and neglect at covered programs operating in the State, except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect; and (E) implementing a policy of graduated sanctions, including fines and suspension and revocation of licenses, against covered programs operating in the State that are out of compliance with such health and safety licensing requirements; (3) if the State is not yet satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures for notifying the Secretary and the appropriate protection and advocacy system of any report of child abuse and neglect at a covered program operating in the State not later than 30 days after the appropriate State entity, or subdivision thereof, determines such report should be investigated and not later than 48 hours in the event of a fatality; (4) if the Secretary determines that the State is satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures for notifying the Secretary if— (A) the State determines there is evidence of a pattern of violations of the standards required under paragraph (1) at a covered program operating in the State or by an owner or operator of such a program; or (B) there is a child fatality at a covered program operating in the State; (5) develop policies and procedures for establishing and maintaining a publicly available database of all covered programs operating in the State, including the name and each location of each such program and the name of the owner and operator of each such program, information on reports of substantiated child abuse and neglect at such programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect and that such database shall include and provide the definition of substantiated (6) annually submit to the Secretary a report that includes— (A) the name and each location of all covered programs, including the names of the owners and operators of such programs, operating in the State, and any violations of State licensing requirements developed pursuant to subsection (b)(1); and (B) a description of State activities to monitor and enforce such State licensing requirements, including the names of owners and operators of each covered program that underwent a site inspection by the State, and a summary of the results and any actions taken; and (7) if the Secretary determines that the State is satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures to report to the appropriate protection and advocacy system any case of the death of an individual under the control or supervision of a covered program not later than 48 hours after the State is informed of such death. (c) Secretarial determination The Secretary shall not determine that a State’s licensing requirements, monitoring, and enforcement of covered programs operating in the State satisfy the requirements of subsection (b) unless— (1) the State implements licensing requirements for such covered programs that meet or exceed the standards required under subsection (b)(1); (2) the State designates an agency to be responsible for monitoring and enforcing compliance with such licensing requirements; (3) the State conducts unannounced site inspections of each location of such covered programs not less often than once every 2 years; (4) the State creates a non-public database of such covered programs, to include information on reports of child abuse and neglect at such programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect); (5) the State implements a policy of graduated sanctions, including fines and suspension and revocation of licenses against such covered programs that are out of compliance with the health and safety licensing requirements under subsection (b)(1); and (6) after a review of assessments conducted under section 3(b)(1)(B) of the Stop Child Abuse in Residential Programs for Teens Act of 2014 (d) Oversight (1) In general Beginning 2 years after the date of enactment of the Stop Child Abuse in Residential Programs for Teens Act of 2014 (A) preventing child abuse and neglect at covered programs operating in each such State; and (B) enforcing the licensing standards described in subsection (b)(1). (2) Evaluations The process required under paragraph (1) shall include in each State, at a minimum— (A) an investigation not later than 60 days after receipt by the Secretary of a report from a State, or a subdivision thereof, of child abuse and neglect at a covered program operating in the State, and submission of findings to appropriate law enforcement or other local entity where necessary, if the report indicates— (i) a child fatality at such program; or (ii) there is evidence of a pattern of violations of the standards required under subsection (b)(1) at such program or by an owner or operator of such program; (B) an annual review by the Secretary of cases of reports of child abuse and neglect investigated at covered programs operating in the State to assess the State’s performance with respect to the appropriateness of response to and investigation of reports of child abuse and neglect at covered programs and the appropriateness of legal actions taken against responsible parties in such cases; and (C) unannounced site inspections of covered programs operating in the State to monitor compliance with the standards required under section 3(a) of the Stop Child Abuse in Residential Programs for Teens Act of 2014 (3) Enforcement If the Secretary determines, pursuant to an evaluation under this subsection, that a State is not adequately implementing, monitoring, and enforcing the licensing requirements of subsection (b)(1), the Secretary shall require, for a period of not less than 1 year, that— (A) the State shall inform the Secretary of each instance there is a report to be investigated of child abuse and neglect at a covered program operating in the State; and (B) the Secretary and the appropriate local agency shall jointly investigate such report. . (b) Authorization of appropriations Section 112(a)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended by striking $120,000,000 $235,000,000 for each of fiscal years 2015 through 2019. (c) Conforming amendments (1) Coordination with available resources Section 103(c)(1)(D) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104(c)(1)(D) specific (including reports of child abuse and neglect occurring at covered programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect), as such term is defined in section 114) (2) Further requirement Section 106(b)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b)(1) (D) Further requirement To be eligible to receive a grant under this section, a State shall comply with the requirements under section 114(b) and shall include in the State plan submitted pursuant to subparagraph (A) a description of the activities the State will carry out to comply with the requirements under such section 114(b). . (3) Annual State data reports Section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) (A) in paragraph (1), by inserting before the period at the end the following: (including reports of child abuse and neglect occurring at covered programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect), as such term is defined in section 114) (B) in paragraph (6), by inserting before the period at the end the following: or who were in the care of a covered program, as such term is defined in section 114 (d) Clerical amendment Section 1(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 Sec. 114. Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs. . 8. Study and report on outcomes in covered programs (a) Study The Secretary of Health and Human Services shall conduct a study, in consultation with relevant agencies and experts, to examine the outcomes for children in both private and public covered programs under this Act (including the amendment made by this Act) encompassing a broad representation of treatment facilities and geographic regions. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that contains the results of the study conducted under subsection (a). 9. Study and report on effectiveness of residential treatment programs (a) Study (1) In general The Comptroller General of the United States shall conduct a study on the implementation of this Act and the effectiveness of the covered programs under this Act (including the amendment made by this Act). (2) Matters to be included The study shall include all of the following items: (A) A review of the effectiveness of all Federal programs to improve conditions and eliminate child abuse within the covered programs. (B) An assessment of the progress made by States and covered programs to comply with this Act, including the regulations promulgated by the Assistant Secretary. (C) A review and assessment of the circumstances of all deaths to program participants that— (i) were not caused by natural causes; and (ii) occurred while the participants were in the care of a covered program. (D) Collection of information on the number of substantiated reports of child abuse within the covered programs, the nature of the child abuse involved, and the demographic makeup of youth served by the covered program. (E) An assessment of the effectiveness of the covered programs in reducing recidivism rates for the youth served by the programs. (b) Consultation The Comptroller General shall consult with the relevant agencies, experts, and nongovernmental organizations for purposes of conducting the study. (c) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that contains the results of the study conducted under subsection (a) and recommendations to improve oversight and implementation of this Act.

Stop Child Abuse in Residential Programs for Teens Act of 2014

Corps of Engineers Cooperative Joint Management Restoration Act - Amends the Water Resources Development Act of 1992 to authorize the Secretary of the Army to allow a non-federal public or private entity that has entered into a cooperative agreement for the operation and management of recreation facilities and natural resources at civil works projects under the Secretary's jurisdiction to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by such entity or the Department of the Army. Permits such an entity to: (1) use any visitor reservation service that the Secretary has provided for by contract or interagency agreement to manage fee collections and reservations, subject to such terms and conditions as the Secretary deems appropriate; and (2) retain up to 100% of the fees collected and use them for operation, maintenance, and management at the recreation site where they were collected.

113 S2055 IS: Corps of Engineers Cooperative Joint Management Restoration Act U.S. Senate 2014-02-27 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. 2055 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Boozman Mr. Blunt Mrs. McCaskill Mr. Pryor Committee on Environment and Public Works A BILL To allow for the collection of certain user fees by non-Federal entities. 1. Short title This Act may be cited as the Corps of Engineers Cooperative Joint Management Restoration Act 2. Challenge cost-sharing program for management of recreation facilities Section 225 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2328 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) User fees (1) Collection of fees The Secretary may allow a non-Federal public or private entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by that entity or the Department of the Army. (2) Use of fees A non-Federal public or private entity that collects user fees under paragraph (1) may— (A) retain up to 100 percent of the fees collected, as determined by the Secretary; and (B) notwithstanding section 210(b)(4) of the Flood Control Act of 1968 ( 16 U.S.C. 460d–3(b)(4) (3) Terms and conditions The authority of a non-Federal public or private entity under this subsection shall be subject to such terms and conditions as the Secretary determines necessary to protect the interests of the United States. .

Corps of Engineers Cooperative Joint Management Restoration Act

Fuel Grid Distribution Loan Pilot Program Act - Amends the Department of Agriculture Reorganization Act of 1994 to direct the Administrator of the Rural Utilities Service to establish a five-year biofuels and natural gas distribution utility pilot loan program to add cooperatives and municipally or privately owned biofuels or natural gas distribution utilities to the list of utilities eligible for Rural Utilities Service loans. Makes such loans available only to utilities serving an area under the jurisdiction of a local government that has a population of not more than 50,000 people and energy prices higher than 200% of the national average for energy prices.

113 S2058 IS: Fuel Grid Distribution Loan Pilot Program Act U.S. Senate 2014-02-27 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. 2058 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Begich Committee on Agriculture, Nutrition, and Forestry A BILL To establish a loan guarantee program for natural gas distribution grids to be installed in areas with extremely high energy costs. 1. Short title This Act may be cited as the Fuel Grid Distribution Loan Pilot Program Act 2. Fuel distribution utility pilot loan program (a) Authorization of pilot loan program Section 232(c) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6942(c) (1) in paragraph (1)(B), by striking ; and (2) by adding at the end the following: (3) The biofuels and natural gas distribution utility pilot loan program authorized by section 2 of the Fuel Grid Distribution Loan Pilot Program Act . (b) Establishment of pilot loan program (1) Definition of local government In this subsection, the term local government (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization or, in Alaska, a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity. (2) Establishment The Administrator of the Rural Utilities Service shall establish a biofuels and natural gas distribution utility pilot loan program to add cooperatives and municipally or privately owned biofuels or natural gas distribution utilities to the list of utilities eligible to receive loans from the Rural Utilities Service. (3) Eligibility In making loans authorized under paragraph (1), the Administrator of the Rural Utilities Service shall grant loans only to utilities serving an area under the jurisdiction of a local government that has— (A) a population of not more than 50,000 people; and (B) energy prices higher than 200 percent of the national average for energy prices, as determined by the Administrator of the Energy Information Administration using the most recent data available. (4) Funding The Administrator of the Rural Utilities Service shall carry out the loan pilot program using existing funds of the Rural Utilities Service. (5) Duration The loan pilot program shall be authorized for a period of 5 years, beginning on the date of enactment of this Act. (6) Report At the conclusion of the loan pilot program, the Administrator of the Rural Utilities Service shall complete a report examining— (A) the economic benefits of providing low cost loans; and (B) any upward price pressure on biofuels or natural gas prices in the United States resulting from the loan pilot program.

Fuel Grid Distribution Loan Pilot Program Act

Energy Efficient Heating and Cooling Tax Credit Act - Amends the Internal Revenue Code to expand the tax credit for nonbusiness energy property expenditures to allow a credit for up to $5,000 in a taxable year of qualifying heating conversion expenditures for a principal residence. Defines "qualifying heating conversion expenditures" as expenditures, other than for soil cleanup, for property that is placed in service before January 1, 2019, and used as a heating or cooling system on a building or structure located in a community in which the average residential expenditure for home energy is more than 200% of the national average (as determined by the Energy Information Agency).

113 S2059 IS: Energy Efficient Heating and Cooling Tax Credit Act U.S. Senate 2014-02-27 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. 2059 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Begich Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow a credit for the purchase of heating and cooling equipment which meets the Energy Star program requirements and is used in certain high-cost energy communities, and for other purposes. 1. Short title This Act may be cited as the Energy Efficient Heating and Cooling Tax Credit Act 2. Credit for conversion of home heating using oil fuel to using natural gas or biomass feedstocks (a) In general Subsection (a) of section 25C of the Internal Revenue Code of 1986 (relating to nonbusiness energy property) is amended by striking and , and (3) the amount of the qualifying heating conversion expenditures paid or incurred by the taxpayer during such taxable year. . (b) Dollar limitation (1) In general (A) Limitation Subsection (b) of section 25C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Limitation on qualifying heating conversion expenditures The amount of the credit allowed under this section by reason of paragraph (3) of subsection (a) for any taxable year with respect to any taxpayer shall not exceed $5,000. . (B) Conforming amendment Paragraph (1) of section 25C(b) of such Code is amended by inserting by reason of paragraphs (1) and (2) of subsection (a) The credit allowed under this section (2) No double counting Section 25C(e) of such Code (relating to special rules) is amended by adding at the end the following new paragraph: (4) No double counting No amount taken into account for purposes of determining a credit under this section by reason of paragraph (3) of subsection (a) shall be taken into account for purposes of determining a credit under this section by reason of paragraphs (1) and (2) of subsection (a). . (c) Qualifying heating conversion expenditures Section 25C of the Internal Revenue Code of 1986 (relating to residential energy property expenditures) is amended by adding at the end the following new subsection: (h) Qualifying heating conversion expenditures (1) In general The term qualifying heating conversion expenditures (A) meets the requirements of subparagraphs (A) and (B) of subsection (d)(1), and (B) is used as a heating or cooling system on a building or structure located in a community (as determined under section 19(a)(1) of the Rural Electrification Act of 1936) in which the average residential expenditure for home energy is more than 200 percent of the national average residential expenditure for home energy (as determined by the Energy Information Agency using the most recent data available). (2) Amounts included The term qualifying heating conversion expenditures (A) for labor costs properly allocable to the onsite preparation, assembly, or original installation of property described in paragraph (1), including fuel service connection installation costs specifically related to fuel service to the qualified energy property used in such conversion, and (B) the removal of the fuel oil equipment (including any storage tank) for such a building or structure. (3) Exclusions Such term does not include expenditures for soil cleanup. (4) Qualified heating conversion property For purposes of paragraph (1), the term qualified heating conversion property (A) is placed in service before January 1, 2019, (B) meets the performance and quality standards described in subsection (d)(2)(B), and (C) is a product which qualifies under the Energy Star program and meets the requirements for such property under such program. . (d) Conforming amendment Subsection (g) of section 25C of the Internal Revenue Code of 1986 (relating to termination) is amended by striking This section Paragraphs (1) and (2) of subsection (a) (e) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Energy Efficient Heating and Cooling Tax Credit Act