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MTSU Fall 2024 Software Engineering 14

Horse Protection Amendments Act of 2014 - Amends the Horse Protection Act to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Requires a sore horse to be disqualified from being shown or exhibited for at least 30 days for the first determination that the horse is sore and 90 days for a second determination and any subsequent determination. Requires the Secretary of Agriculture (USDA) to establish a single Horse Industry Organization (HIO) in order to establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections, contract with equine veterinary experts to advise the HIO Board on objective scientific testing methods and certification of testing results, and otherwise ensure compliance with the Horse Protection Act. Directs the appointment of individuals by the Commissioners of Agriculture for Tennessee and Kentucky to govern the HIO. Requires those individuals to appoint individuals representing the Tennessee Walking Horse industry.

113 S2193 IS: Horse Protection Amendments Act of 2014 U.S. Senate 2014-04-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2193 IN THE SENATE OF THE UNITED STATES April 1, 2014 Mr. Alexander Mr. McConnell Mr. Isakson Mr. Paul Committee on Commerce, Science, and Transportation A BILL To amend the Horse Protection Act to provide increased protection for horses participating in shows, exhibitions, or sales, and for other purposes. 1. Short title This Act may be cited as the Horse Protection Amendments Act of 2014 2. Definition Section 2 of the Horse Protection Act ( 15 U.S.C. 1821 (1) by redesignating paragraphs (1), (2) and (3) as paragraphs (2), (4) and (5), respectively; (2) by inserting before paragraph (2), as redesignated, the following: (1) The term Horse Industry Organization ; and (3) by inserting after paragraph (2), as redesignated, the following: (3) The term objective inspection (A) have been the subject of testing and are capable of producing scientifically reliable, reproducible results; (B) have been subjected to peer review; and (C) have received acceptance in the veterinary or other applicable scientific community. . 3. Increasing protections for horses participating in horse shows, exhibitions, or sales or auctions (a) Findings Section 3 of the Horse Protection Act ( 15 U.S.C. 1822 (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: (4) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is not adequate to ensure compliance with this Act; . (b) Horse shows and exhibitions Section 4 of the Horse Protection Act ( 15 U.S.C. 1823 (1) by striking subsection (a) and inserting the following: (a) Disqualification of horses (1) In general In addition to being subject to applicable criminal or civil penalties authorized under section 6, the management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited— (A) which, upon objective testing, is determined to be sore; or (B) if the management has been notified that the horse is sore by— (i) a person appointed in accordance with regulations prescribed under subsection (c); or (ii) the Secretary. (2) Duration of disqualification In addition to any other requirements or penalties imposed under this Act, any horse that has been determined to be sore by objective testing shall be disqualified from being shown or exhibited for— (A) a period of not less than 30 days for the first such determination; and (B) a period of 90 days for a second determination and any subsequent determination. ; and (2) by striking subsection (c) and inserting the following: (c) Appointment of inspectors; manner of inspections (1) Establishment of horse industry organization (A) In general Not later than 180 days after the date of the enactment of the Horse Protection Amendments Act of 2014 (B) Members Of the 9 members constituting the Horse Industry Organization Board— (i) 2 members shall be appointed by the Commissioner of Agriculture for the State of Tennessee to serve for a term of 4 years; (ii) 2 members shall be appointed by the Commissioner of Agriculture for the Commonwealth of Kentucky to serve for a term of 4 years; (iii) 2 members shall represent the Tennessee Walking Horse industry and shall be appointed from within such industry by the members appointed pursuant to clauses (i) and (ii), in accordance with a process developed by such members, to serve for an initial term of 3 years; and (iv) not more than 3 members shall be appointed by the 6 members appointed pursuant to clauses (i) through (iii) to serve for a term of 4 years. (C) Quorum; vacancies (i) Quorum Five members of the Horse Industry Organization Board shall constitute a quorum for the transaction of business. (ii) Effect of vacancy A vacancy on the Horse Industry Organization Board shall not impair the authority of the Board. (iii) Subsequent appointments Subsequent appointments, including reappointments of existing Board members, shall be made in accordance with subparagraph (B), except that all such appointments shall be for a term of 4 years. (iv) Bylaws The members of the Horse Industry Organization Board, in consultation with the Secretary, shall develop bylaws and other policies for operations, the establishment of committees, and filling vacancies on the Board. (D) Termination Section 14(a)(2)(B) of the Federal Advisory Committee Act (E) Licensing requirements (i) In general The Horse Industry Organization shall establish requirements to appoint persons qualified— (I) to detect and diagnose a horse which is sore; or (II) to otherwise inspect horses for the purposes of enforcing this Act. (ii) Conflicts of interest Requirements established pursuant to clause (i) shall require any person appointed by the Horse Industry Organization Board, or a member of the immediate family of such a person, to be free from conflicts of interest, by reason of any association or connection with the walking horse industry, including— (I) through employment by, or the provision of any services to, any show manager, trainer, owner, or exhibitor of Tennessee Walking horses, Spotted Saddle horses, or Racking horses; and (II) training, exhibiting, shoeing, breeding, or selling Tennessee Walking horses, Spotted Saddle horses, or Racking horses. (F) Certification (i) Certification After the members of the Horse Industry Organization Board have been appointed pursuant to subparagraph (B), the Secretary shall certify the Horse Industry Organization in accordance with section 11.7 (ii) Revocation of certification Not later than 90 days after the date on which the Horse Industry Organization is established pursuant to this paragraph, the Secretary shall revoke the certification issued to any other horse industry organization under section 11.7 of title 9, Code of Federal Regulations (or any successor regulation), as in effect on such date. (2) Responsibilities of horse industry organization The Horse Industry Organization shall— (A) establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction; (B) appoint inspectors to conduct inspections at each such show, exhibition, and sale or auction; (C) identify and contract with equine veterinary experts to advise the Horse Industry Organization Board on— (i) objective scientific testing methods and procedures; and (ii) the certification of testing results; and (D) otherwise ensure compliance with this Act, in coordination with the Secretary. . (c) Unlawful acts Section 5 of the Horse Protection Act ( 15 U.S.C. 1824 (1) in paragraph (3), by striking appoint and retain a person in accordance with section 4(c) of this Act establish a formal affiliation with the Horse Industry Organization under section 4(c)(2)(A) (2) in paragraph (4), by striking appoint and retain a qualified person in accordance with section 4(c) of this Act establish a formal affiliation with the Horse Industry Organization under section 4(c)(2)(A) (3) in paragraph (5), by striking appointed and retained a person in accordance with section 4(c) of this Act established a formal affiliation with the Horse Industry Organization under section 4(c)(2)(A) (4) in paragraph (6)— (A) by striking appointed and retained a person in accordance with section 4(c) of this Act established a formal affiliation with the Horse Industry Organization under section 4(c)(2)(A) (B) by striking such person or the Secretary a person licensed by the Horse Industry Organization 4. Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this Act.

Horse Protection Amendments Act of 2014

Pell Grant Protection Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to set the maximum Federal Pell Grant for which a student may be eligible for an award year at a specified amount, increased for inflation each year, plus any additional amount specified in the last enacted appropriation Act applicable to that award year. Appropriates for FY2015 and each succeeding fiscal year such sums as may be necessary to provide, in combination with any amounts separately appropriated for the additional Pell Grant amount, each eligible student with the maximum Pell Grant amount, minus the student's expected family contribution. (This converts the Pell Grant program into a mandatory spending program.) Directs the Secretary of Education to award an additional Pell Grant to an eligible student who: (1) has received a Pell Grant for an award year, and (2) is enrolled in a program of study for one or more additional payment periods during the same award year that are not otherwise covered by the Pell Grant. Permits the total amount of the Pell Grants awarded to such student for the award year to exceed the total maximum Pell Grant for such award year.

113 S2194 IS: Pell Grant Protection Act U.S. Senate 2014-04-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2194 IN THE SENATE OF THE UNITED STATES April 1, 2014 Ms. Hirono Mr. Reed Mr. Whitehouse Committee on Health, Education, Labor, and Pensions A BILL To improve the Federal Pell Grant program, and for other purposes. 1. Short title This Act may be cited as the Pell Grant Protection Act 2. Purpose The purpose of this Act is to restore the role of Federal Pell Grants as the foundational Federal investment in higher education, in order to strengthen the economy of the United States by improving opportunities for low-income students to complete higher education and join the middle class. 3. Findings Congress finds the following: (1) Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) (referred to in this Act as Federal Pell Grants (2) The program providing Federal Pell Grants already acts as a quasi-entitlement, in which both mandatory funding and discretionary funding combine to maintain a maximum Federal Pell Grant amount. (3) The Congressional Budget Office reports on any overall financial surplus or shortfall in the funding provided for the Federal Pell Grant program. However, in recent years, in order to meet the maximum Federal Pell Grant level with the provided level of funding, Congress has made cuts to the program through imposing additional eligibility requirements for Federal Pell Grants and limiting the availability of year-round Federal Pell Grants, causing significant uncertainty and reducing access to higher education for millions of hardworking college students. (4) Removing the Federal Pell Grant program from the uncertainty of the congressional discretionary appropriations process will improve student access to, and the affordability of, higher education. (5) The traditional student (6) Section 1860 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10, 125 Stat. 169) eliminated the provision of the Federal Pell Grant program of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) that allowed 2 Federal Pell Grant awards per year, creating significant hardship for many students trying to take courses over the summer or outside the traditional school calendar. Allowing students to continue to receive Federal Pell Grants in successive semesters, without a gap, would reduce the time needed to complete their degrees. 4. Converting the traditional Federal Pell Grant program to a mandatory spending program (a) Legislative provisions Section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b) (1) in paragraph (2)— (A) in subparagraph (A)— (i) by striking clauses (i) and (ii) and inserting the following: (i) (I) for award year 2014–2015, $5,730; or (II) for award year 2015–2016 and each subsequent award year, the amount of the maximum Federal Pell Grant determined under this clause for the immediately preceding award year, increased by a percentage equal to the estimated percentage increase, if any, in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year; plus (ii) any additional amount specified for the maximum Federal Pell Grant in the last enacted appropriation Act applicable to that award year, less ; and (B) by adding at the end the following: (C) (i) For fiscal year 2015 and each succeeding fiscal year, there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to provide, in combination with any amounts separately appropriated under subparagraph (A)(ii), Federal Pell Grants under this section in the amount specified in subparagraph (A) to all eligible students. (ii) The amounts made available by clause (i) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year. ; and (2) by striking paragraph (7). (b) Effective date The amendments made by subsection (a) shall apply with respect to Federal Pell Grants awarded under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a 5. Year-Round Federal Pell Grant students (a) In general Section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b) (7) Year-Round Federal Pell Grant students (A) In general Notwithstanding any other provision of this subsection, the Secretary shall award, to an eligible student who has received a Federal Pell Grant for an award year and is enrolled in a program of study for 1 or more additional payment periods during the same award year that are not otherwise covered by the student's Federal Pell Grant, an additional Federal Pell Grant for the additional payment periods. (B) Amounts In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of the Federal Pell Grants awarded to such student for the award year may exceed the total maximum Federal Pell Grant for such award year, as calculated under clauses (i) and (ii) of paragraph (2)(A). (C) Inclusion in duration limit Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student's duration limit under subsection (c)(5). (8) Crossover period In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned. . (b) Effective date The amendment made by subsection (a) shall take effect on July 1, 2014.

Pell Grant Protection Act

Good Samaritan Health Professionals Act of 2014 - Amends the Public Health Service Act to shield a health care professional from liability under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer in response to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services. Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug. Declares that, nothing in this Act shall supplant any other provision of federal, state, local, or tribal law that establish liability schemes or liability protections that exceed those provided by this Act, including without limitation the Federal Tort Claims Act.

113 S2196 IS: Good Samaritan Health Professionals Act of 2014 U.S. Senate 2014-04-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2196 IN THE SENATE OF THE UNITED STATES April 1, 2014 Ms. Murkowski Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to limit the liability of health care professionals who volunteer to provide health care services in response to a disaster. 1. Short title This Act may be cited as the Good Samaritan Health Professionals Act of 2014 2. Limitation on liability for volunteer health care professionals (a) In general Title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. 224A. Limitation on liability for volunteer health care professionals (a) Limitation on liability Except as provided in subsection (b), a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional if— (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs— (A) during the period of the disaster, as determined under the laws listed in subsection (f)(1); (B) in the health care professional’s capacity as such a volunteer; and (C) in a good faith belief that the individual being treated is in need of health care services. (b) Exceptions Subsection (a) does not apply if— (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or (2) the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or an intoxicating drug. (c) Standard of proof In any civil action or proceeding against a health care professional claiming that the limitation in subsection (a) applies, the plaintiff shall have the burden of proving by clear and convincing evidence the extent to which limitation does not apply. (d) Preemption (1) In general This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. (2) Volunteer Protection Act Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997. (e) Rule of construction Nothing in this section shall supplant any other provision of Federal, State, local, or tribal law that establish liability schemes or liability protections that exceed those provided by this section, including without limitation the provisions of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act). (f) Definitions In this section: (1) The term disaster (A) a national emergency declared by the President under the National Emergencies Act; (B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or (C) a public health emergency determined by the Secretary under section 319 of this Act. (2) The term harm (3) The term health care professional (4) The term State (5) (A) The term volunteer (i) compensation; or (ii) any other thing of value in lieu of compensation, in excess of $500 per year. (B) For purposes of subparagraph (A), the term compensation (i) includes payment under any insurance policy or health plan, or under any Federal or State health benefits program; and (ii) excludes— (I) reasonable reimbursement or allowance for expenses actually incurred; (II) receipt of paid leave; and (III) receipt of items to be used exclusively for rendering the health services in the health care professional’s capacity as a volunteer described in subsection (a)(1). . (b) Effective date (1) In general This Act and the amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. (2) Application This Act applies to any claim for harm caused by an act or omission of a health care professional where the claim is filed on or after the effective date of this Act, but only if the harm that is the subject of the claim or the conduct that caused such harm occurred on or after such effective date.

Good Samaritan Health Professionals Act of 2014

Emergency Drought Relief Act of 2014 - (Sec. 4) Requires the Administrator of the Environmental Protection Agency (EPA), the Secretary of Agriculture, 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) agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project (SWP) contractors, and any other locality or municipality in California by approving projects and operations to provide additional water supplies as quickly as possible to address the emergency conditions. Applies such requirement to projects or operations involving the Klamath Project that would benefit federal water contractors in California. Sets forth actions to be taken by the Secretaries to increase water supply, including: ensuring that the Delta Cross Channel Gates remain open to the greatest extent possible; requiring the Director of the National Marine Fisheries Service to recommend revisions to operations of the CVP and the SWP; implementing turbidity control strategies that allow for increased water deliveries while avoiding jeopardy to adult Delta smelt due to entrainment at CVP and SWP pumping plants; managing reverse flow in the Old and Middle Rivers for Delta smelt and salmonids to minimize water supply reductions for the CVP and SWP; adopting a 1:1 inflow to export ratio for the increased flow of the San Joaquin River; issuing all necessary permit decisions within 30 days of receiving a completed application by California to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for SWP and CVP water contractors and other water users; requiring the Director of the U.S. Fish and Wildlife Service (FWS) 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 within 30 days; requiring the FWS Director to allow any water transfer request associated with fallowing to maximize the quantity of water supplies available for nonhabitat uses, in compliance with federal law; participating in or otherwise providing funding for pilot projects to increase water in reservoirs in regional river basins experiencing extreme, exceptional, or sustained drought that have a direct impact on California's water supply; maintaining 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; meeting contract water supply needs of CVP refuges through the improvement or installation of water conservation measures, water conveyance facilities, and wells to use groundwater resources and make a quantity of CVP surface water obtained from such measures available to CVP contractors; entering into an agreement with the National Academy of Sciences to study the effectiveness and environmental impacts of saltcedar biological control efforts on increasing water supplies and improving riparian habitats of the Colorado River and its principal tributaries; making WaterSMART grant funding allocated to California available on a priority and expedited basis for projects that provide emergency drinking and municipal water supplies to localities to meet minimum public health and safety needs, prevent the loss of permanent crops, minimize economic losses resulting from drought conditions, or provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits; implement offsite upstream projects in the Delta and upstream Sacramento River and San Joaquin basins that offset the effects of actions taken under this Act on species listed as threatened or endangered; and using all available scientific tools to identify 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. Sets forth requirements for expedited procedures to be used by federal agencies, at California's request, to make final decisions relating to a federal project or operation to provide additional water supplies or address emergency drought conditions. (Sec. 5) Requires federal agency heads, in order to minimize the time spent carrying out environmental reviews and to deliver water quickly, to consult with the Council on Environmental Quality to develop alternative arrangements to comply with NEPA during the emergency. (Sec. 6) Directs the EPA to require California to prioritize projects under state water pollution control and drinking water treatment revolving funds to provide water most expeditiously to areas at risk of having an inadequate supply of water for public health and safety purposes or to improve resiliency to drought. (Sec. 7) Provides that nothing in this Act preempts state law in effect on the date of enactment, including area of origin and other water rights protections. (Sec. 8) Terminates specified authorities under this Act on the date on which the governor of California suspends the state of drought emergency declaration.

113 S2198 ES: Emergency Drought Relief Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2198 IN THE SENATE OF THE UNITED STATES AN ACT To direct the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency to take actions to provide additional water supplies to the State of California due to drought, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Emergency Drought Relief 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. Emergency projects. Sec. 5. Emergency environmental reviews. Sec. 6. State revolving funds. Sec. 7. Effect on State laws. Sec. 8. Termination of authorities. 2. 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 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 at or below 50 percent of the capacity of the reservoirs as of April 1, 2014; (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 water system of the State and the importance of the water system 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 3. Definitions In this Act: (1) Central valley project The term Central Valley Project (2) Klamath Project The term Klamath Project (3) Reclamation project The term Reclamation Project (4) Secretaries The term Secretaries (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Agriculture; (C) the Secretary of Commerce; and (D) the Secretary of the Interior. (5) State The term State (6) State water project The term State Water Project 4. Emergency projects (a) Water supplies (1) 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 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), projects and operations to provide additional water supplies as quickly as possible based on available information to address the emergency conditions. (2) Application Paragraph (1) applies to projects or operations involving the Klamath Project if the projects or operations would benefit Federal water contractors in the State. (b) Limitation Nothing in this section allows agencies to approve projects— (1) that would otherwise require congressional authorization; or (2) without following procedures required by applicable law. (c) Administration In carrying out subsection (a), the Secretaries 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 drought emergency declaration of the State, 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 the impact of the operation 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 the Old and Middle Rivers as prescribed by the biological opinions issued by the United States Fish and Wildlife Service on December 15, 2008, for Delta smelt and by the National Marine Fisheries Service on June 4, 2009, for salmonids, 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) participate in, issue grants, or otherwise provide funding for, as soon as practicable after the date of enactment of this Act, under existing authority available to the Secretary of the Interior, pilot projects to increase water in reservoirs in regional river basins experiencing extreme, exceptional, or sustained drought that have a direct impact on the water supply of the State, including the Colorado River Basin, provided that any participation, grant, or funding by the Secretary with respect to the Upper Division shall be with or to the respective State; (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 or violating water quality standards— (A) meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of water conservation measures, water conveyance facilities, and wells to use groundwater resources, which activities may be accomplished by using funding made available under 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) in coordination with the Secretary of Agriculture, enter into an agreement with the National Academy of Sciences to conduct a comprehensive study, to be completed not later than 1 year after the date of enactment of this Act, on the effectiveness and environmental impacts of saltcedar biological control efforts on increasing water supplies and improving riparian habitats of the Colorado River and its principal tributaries, in the State and elsewhere; (11) make any WaterSMART grant funding allocated to the State available on a priority and expedited basis for projects in the State that— (A) provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet minimum public health and safety needs; (B) prevent the loss of permanent crops; (C) minimize economic losses resulting from drought conditions; or (D) provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits; (12) 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. (13) use all available scientific tools to identify 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. (d) 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 (c), this section shall apply to those Federal agencies. (e) 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 (c). (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 of the Interior 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). 5. 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. 6. State revolving funds (a) In general The Administrator of the Environmental Protection Agency, in allocating amounts for each of the fiscal years during which the emergency drought declaration of the State 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) (b) Effect of section Nothing in this section authorizes the Administrator of the Environmental Protection Agency to modify any funding allocation, funding criteria, or other requirement relating 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 7. 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. 8. Termination of authorities The authorities under section 4(a), paragraphs (1) through (6) of section 4(c), paragraphs (8) and (9) of section 4(c), paragraphs (11) through (13) of section 4(c), section 5, and section 6 permanently expire on the date on which the Governor of the State suspends the state of drought emergency declaration. Passed the Senate May 22, 2014. Secretary

Emergency Drought Relief Act of 2014

Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation, (2) is job-related with respect to the position in question, and (3) is consistent with business necessity. Makes such defense inapplicable where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey, (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner [sic] of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.

113 S2199 PCS: Paycheck Fairness Act U.S. Senate 2014-04-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 345 113th CONGRESS 2d Session S. 2199 IN THE SENATE OF THE UNITED STATES April 1, 2014 Ms. Mikulski April 2, 2014 Read the second time and placed on the calendar A BILL To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. 1. Short title This Act may be cited as the Paycheck Fairness Act 2. Findings Congress finds the following: (1) Women have entered the workforce in record numbers over the past 50 years. (2) Despite the enactment of the Equal Pay Act in 1963, many women continue to earn significantly lower pay than men for equal work. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination. (3) The existence of such pay disparities— (A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet; (B) undermines women's retirement security, which is often based on earnings while in the workforce; (C) prevents the optimum utilization of available labor resources; (D) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States; (E) burdens commerce and the free flow of goods in commerce; (F) constitutes an unfair method of competition in commerce; (G) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; (H) interferes with the orderly and fair marketing of goods in commerce; and (I) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th Amendments. (4) (A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. Civil Rights Act of 1964 42 U.S.C. 2000a et seq. (B) These barriers have resulted, in significant part, because the Equal Pay Act has not worked as Congress originally intended. Improvements and modifications to the law are necessary to ensure that the Act provides effective protection to those subject to pay discrimination on the basis of their sex. (C) Elimination of such barriers would have positive effects, including— (i) providing a solution to problems in the economy created by unfair pay disparities; (ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance; (iii) promoting stable families by enabling all family members to earn a fair rate of pay; (iv) remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex; and (v) ensuring equal protection pursuant to Congress’ power to enforce the 5th and 14th Amendments. (5) The Department of Labor and the Equal Employment Opportunity Commission have important and unique responsibilities to help ensure that women receive equal pay for equal work. (6) The Department of Labor is responsible for— (A) collecting and making publicly available information about women’s pay; (B) ensuring that companies receiving Federal contracts comply with anti-discrimination affirmative action requirements of Executive Order 11246 (relating to equal employment opportunity); (C) disseminating information about women’s rights in the workplace; (D) helping women who have been victims of pay discrimination obtain a remedy; and (E) being proactive in investigating and prosecuting equal pay violations, especially systemic violations, and in enforcing all of its mandates. (7) The Equal Employment Opportunity Commission is the primary enforcement agency for claims made under the Equal Pay Act, and issues regulations and guidance on appropriate interpretations of the law. (8) With a stronger commitment by the Department of Labor and the Equal Employment Opportunity Commission to their responsibilities, increased information as a result of the amendments made by this Act to the Equal Pay Act of 1963, wage data, and more effective remedies, women will be better able to recognize and enforce their rights. (9) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized. 3. Enhanced enforcement of equal pay requirements (a) Bona-Fide factor defense and modification of same establishment requirement Section 6(d)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d)(1) (1) by striking No employer having (A) No employer having (2) by striking any other factor other than sex a bona fide factor other than sex, such as education, training, or experience (3) by inserting at the end the following: (B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job-related with respect to the position in question; and (iii) is consistent with business necessity. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. (C) For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term establishment . (b) Nonretaliation provision Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended— (1) in subsection (a)(3), by striking employee has filed employee— (A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing or action, or has served or is planning to serve on an industry Committee; or (B) has inquired about, discussed, or disclosed the wages of the employee or another employee. ; and (2) by adding at the end the following: (c) Subsection (a)(3)(B) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee’s essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law. . (c) Enhanced penalties Section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) (1) by inserting after the first sentence the following: Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages. (2) in the sentence beginning An action to either of the preceding sentences any of the preceding sentences of this subsection (3) in the sentence beginning No employees shall No employees Except with respect to class actions brought to enforce section 6(d), no employee (4) by inserting after the sentence referred to in paragraph (3), the following: Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure. (5) in the sentence beginning The court in (A) by striking in such action in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection (B) by inserting before the period the following: , including expert fees (d) Action by Secretary Section 16(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(c) (1) in the first sentence— (A) by inserting or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b), and the agreement (B) by inserting before the period the following: , or such compensatory or punitive damages, as appropriate (2) in the second sentence, by inserting before the period the following: and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b) (3) in the third sentence, by striking the first sentence the first or second sentence (4) in the last sentence— (A) by striking commenced in the case commenced— (1) in the case ; (B) by striking the period and inserting ; or (C) by adding at the end the following: (2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action. . 4. Training The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 10, shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages. 5. Negotiation skills training for girls and women (a) Program authorized (1) In general The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program. (2) Grants In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities, to carry out negotiation skills training programs for girls and women. (3) Eligible entities To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization. (4) Application To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require. (5) Use of funds An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program that empowers girls and women. The training provided through the program shall help girls and women strengthen their negotiation skills to allow the girls and women to obtain higher salaries and rates of compensation that are equal to those paid to similarly situated male employees. (b) Incorporating training into existing programs The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under— (1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Vocational and Technical Education Act of 1998 ( 20 U.S.C. 2301 et seq. (2) in the case of the Secretary of Labor, the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate. (c) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Labor and the Secretary of Education shall prepare and submit to Congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this Act. 6. Research, education, and outreach The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including— (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; and (6) convening a national summit to discuss, and consider approaches for rectifying, the pay disparities. 7. Establishment of the National Award for Pay Equity in the Workplace (a) In general There is established the Secretary of Labor’s National Award for Pay Equity in the Workplace, which shall be awarded, as appropriate, to encourage proactive efforts to comply with section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) (b) Criteria for qualification The Secretary of Labor shall set criteria for receipt of the award, including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence of such effort. The Secretary shall establish procedures for the application and presentation of the award. (c) Business In this section, the term employer (1) (A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). 8. Collection of pay information by the equal employment opportunity Commission Section 709 of the Civil Rights Act of 1964 (f) (1) Not later than 18 months after the date of enactment of this subsection, the Commission shall— (A) complete a survey of the data that is currently available to the Federal Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination and, in consultation with other relevant Federal agencies, identify additional data collections that will enhance the enforcement of such laws; and (B) based on the results of the survey and consultations under subparagraph (A), issue regulations to provide for the collection of pay information data from employers as described by the sex, race, and national origin of employees. (2) In implementing paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including which employers should be required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format for the data collection reports. . 9. Reinstatement of pay equity programs and pay equity data collection (a) Bureau of Labor Statistics data collection The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey. (b) Office of Federal Contract Compliance Programs initiatives The Director of the Office of Federal Contract Compliance Programs shall ensure that employees of the Office— (1) (A) shall use the full range of investigatory tools at the Office's disposal, including pay grade methodology; (B) in considering evidence of possible compensation discrimination— (i) shall not limit its consideration to a small number of types of evidence; and (ii) shall not limit its evaluation of the evidence to a small number of methods of evaluating the evidence; and (C) shall not require a multiple regression analysis or anecdotal evidence for a compensation discrimination case; (2) for purposes of its investigative, compliance, and enforcement activities, shall define similarly situated employees (3) shall reinstate the Equal Opportunity Survey, as required by section 60–2.18 (c) Department of Labor distribution of wage discrimination information The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination. 10. Authorization of appropriations (a) Authorization of Appropriations There are authorized to be appropriated $15,000,000 to carry out this Act. (b) Prohibition on Earmarks None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives. 11. Small Business Assistance (a) Effective date This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act. (b) Technical assistance materials The Secretary of Labor and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small businesses in complying with the requirements of this Act and the amendments made by this Act. (c) Small Businesses A small business shall be exempt from the provisions of this Act to the same extent that such business is exempt from the requirements of the Fair Labor Standards Act pursuant to section 3(s)(1)(A) (i) and (ii) of such Act. 12. Rule of Construction Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including any penalties, fines, or other sanctions. April 2, 2014 Read the second time and placed on the calendar

Paycheck Fairness Act

Consumer Debit Card Protection Act of 2014 - Amends the Electronic Fund Transfer Act to require a financial institution to recredit a consumer's account within 7 days (currently, 10 days) after receiving notice of an error in the manner of an electronic debit transaction. Limits consumer liability for unauthorized use of a debit card to the following circumstances: the debit card is an accepted debit card; the liability does not exceed $50; the issuer has given the consumer a description of a means by which the issuer may be notified of loss or theft of the card; the unauthorized use occurs before the issuer has been notified of that fact or that an unauthorized use may occur as the result of loss, theft, or otherwise; and the issuer has provided a method whereby the card user can be identified as the person authorized to use the card. States that an issuer has been notified when reasonable steps have been taken to give the issuer the pertinent information, whether or not any particular officer, employee, or agent of the issuer does in fact receive that information. Places the the burden of proof upon the issuer to show that: (1) the use was authorized, or (2) the conditions of liability for the unauthorized use of a debit card have been met.

113 S2200 IS: Consumer Debit Card Protection Act of 2014 U.S. Senate 2014-04-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2200 IN THE SENATE OF THE UNITED STATES April 2, 2014 Mr. Warner Mr. Kirk Committee on Banking, Housing, and Urban Affairs A BILL To provide debit card holders with consumer protections equivalent to those available to credit card holders, and for other purposes. 1. Short title This Act may be cited as the Consumer Debit Card Protection Act of 2014 2. Amendments to Electronic Fund Transfer Act The Electronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. (1) in section 908(c), by inserting , or in the case of an electronic debit transaction, as defined in section 920(c)(5), seven business days except as otherwise allowed by the Bureau to protect against fraud, (2) in section 909— (A) in subsection (a), in the first sentence, by striking A consumer shall Except as provided in subsection (b), a consumer shall (B) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and (C) by inserting the following after subsection (a): (b) Unauthorized debit card transactions (1) Liability of consumer A consumer shall be liable for the unauthorized use of a debit card, only if— (A) the debit card is an accepted debit card; (B) the liability is not in excess of $50; (C) the issuer has provided the consumer with a description of a means by which the issuer may be notified of loss or theft of the card; (D) the unauthorized use occurs before the issuer has been notified that an unauthorized use of the debit card has occurred or may occur as the result of loss, theft, or otherwise; and (E) the issuer has provided a method whereby the user of such card can be identified as the person authorized to use it. (2) Notification For purposes of this subsection, an issuer has been notified when such steps as may be reasonably required in the ordinary course of business to provide the issuer with the pertinent information have been taken, whether or not any particular officer, employee, or agent of the issuer does in fact receive such information. (3) Burden of proof In any action by an issuer to enforce liability for the use of a debit card, the burden of proof is upon the issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the issuer to show that the conditions of liability for the unauthorized use of a debit card, as set forth in paragraph (1), have been met. (4) Rule of construction Nothing in this subsection imposes liability upon a consumer for the unauthorized use of a debit card in excess of his liability for such use under other applicable law or under any agreement with the issuer. (5) Definitions As used in this subsection, the terms debit card issuer .

Consumer Debit Card Protection Act of 2014

Proprietary Education Oversight Coordination Improvement Act - Establishes the Proprietary Education Oversight Coordination Committee to: coordinate federal oversight of proprietary institutions of higher education (IHEs); coordinate federal activities to protect students from unfair, deceptive, abusive, unethical, fraudulent, or predatory practices, policies, or procedures of proprietary IHEs; encourage information sharing among federal agencies regarding federal investigations, audits, or inquiries of such IHEs; increase coordination and cooperation between federal and state agencies to improve oversight and accountability of proprietary IHEs; and develop best practices and consistency among federal and state agencies in the dissemination of consumer information regarding such IHEs. Requires the Committee to: (1) meet at least once each quarter of each fiscal year; and (2) meet at least once each fiscal year, and otherwise interact regularly, with state Attorneys General, state approval agencies, veterans service organizations, and consumer advocates. Directs the Committee to submit, and make publicly available, an annual report to Congress that includes: (1) recommendations for legislative and administrative actions the Committees deems necessary to improve the enforcement of applicable federal laws, increase the accountability of proprietary IHEs to students and taxpayers, and ensure the promotion of quality education programs; and (2) specified financial and consumer information regarding such IHEs. Requires the Committee, each academic year, to publish the For-Profit College Warning List for Parents and Students, which is to be comprised of proprietary IHEs: that have engaged in illegal activity during the previous academic year as determined by a federal or state court; that have entered into a settlement resulting in a monetary payment; that have had any higher education program withdrawn or suspended; or for which the Committee has sufficient evidence of widespread or systemic unfair, deceptive, abusive, unethical, fraudulent, or predatory practices, policies, or procedures that threaten the academic success, financial security, or general best interest of students.

113 S2204 IS: Proprietary Education Oversight Coordination Improvement Act U.S. Senate 2014-04-03 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. 2204 IN THE SENATE OF THE UNITED STATES April 3, 2014 Mr. Durbin Mr. Harkin Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To establish the Proprietary Education Oversight Coordination Committee. 1. Short title This Act may be cited as the Proprietary Education Oversight Coordination Improvement Act 2. Definitions In this Act: (1) Executive officer The term executive officer (A) the president of such corporation; (B) a vice president of such corporation who is in charge of a principal business unit, division, or function of such corporation, such as sales, administration, or finance; or (C) any other officer or person who performs a policy-making function for such corporation. (2) Federal education assistance The term Federal education assistance chapter 33 (3) Private education loan The term private education loan (A) means a loan provided by a private educational lender (as defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) (i) is not made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (ii) is issued expressly for postsecondary educational expenses to a borrower, regardless of whether the loan is provided through the educational institution that the subject student attends or directly to the borrower from the private educational lender (as so defined); and (iii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. (B) does not include an extension of credit under an open-end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling. (4) Proprietary institution of higher education The term proprietary institution of higher education (5) Recruiting and marketing activities (A) In general Except as provided in subparagraph (B), the term recruiting and marketing activities (i) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events. (ii) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student’s potential enrollment or application for a grant, a loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or participation in preadmission or advising activities, including— (I) paying employees responsible for overseeing enrollment and for contacting potential students in-person, by phone, by email, or by other internet communications regarding enrollment; and (II) soliciting an individual to provide contact information to an institution of higher education, including through websites established for such purpose and funds paid to third parties for such purpose. (iii) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations. (B) Exceptions Any activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), is specifically authorized under such title, or is otherwise specified by the Secretary of Education, shall not be considered to be a recruiting and marketing activity under subparagraph (A). (6) State approval agency The term State approval agency (7) Veterans service organization The term veterans service organization section 5902 3. Establishment of Committee (a) Establishment There is established a committee to be known as the Proprietary Education Oversight Coordination Committee Committee (1) The Department of Education. (2) The Consumer Financial Protection Bureau. (3) The Department of Justice. (4) The Securities and Exchange Commission. (5) The Department of Defense. (6) The Department of Veterans Affairs. (7) The Federal Trade Commission. (8) The Department of Labor. (9) The Internal Revenue Service. (10) At the discretion of the President, any other relevant Federal agency or department. (b) Purposes The Committee shall have the following purposes: (1) Coordinate Federal oversight of proprietary institutions of higher education to— (A) improve enforcement of applicable Federal laws and regulations; (B) increase accountability of proprietary institutions of higher education to students and taxpayers; and (C) ensure the promotion of quality education programs. (2) Coordinate Federal activities to protect students from unfair, deceptive, abusive, unethical, fraudulent, or predatory practices, policies, or procedures of proprietary institutions of higher education. (3) Encourage information sharing among agencies related to Federal investigations, audits, or inquiries of proprietary institutions of higher education. (4) Increase coordination and cooperation between Federal and State agencies, including State Attorneys General and State approval agencies, with respect to improving oversight and accountability of proprietary institutions of higher education. (5) Develop best practices and consistency among Federal and State agencies in the dissemination of consumer information regarding proprietary institutions of higher education to ensure that students, parents, and other stakeholders have easy access to such information. (c) Membership (1) Designees For any designee described in subsection (a), the head of the member entity shall appoint a high-level official who exercises significant decisionmaking authority for the oversight or investigatory activities and responsibilities related to proprietary institutions of higher education of the respective Federal entity of such head. (2) Chairperson The Secretary of Education or the designee of such Secretary shall serve as the Chairperson of the Committee. (3) Committee support The head of each entity described in subsection (a) shall ensure appropriate staff and officials of such entity are available to support the Committee-related work of such entity. 4. Meetings (a) Committee meetings The members of the Committee shall meet regularly, but not less than once during each quarter of each fiscal year, to carry out the purposes described in section 3(b). (b) Meetings with State agencies and stakeholders The Committee shall meet not less than once each fiscal year, and shall otherwise interact regularly, with State Attorneys General, State approval agencies, veterans service organizations, and consumer advocates to carry out the purposes described in section 3(b). 5. Report (a) In general The Committee shall submit a report each year to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and any other committee of Congress that the Committee determines appropriate. (b) Public access The report described in subsection (a) shall be made available to the public in a manner that is easily accessible to parents, students, and other stakeholders in accordance with the best practices developed under section 3(b)(5). (c) Contents (1) In general The report shall include— (A) an accounting of any action (as defined in paragraph (3)) taken by the Federal Government, any member entity of the Committee, or a State— (i) to enforce Federal or State laws and regulations applicable to proprietary institutions of higher education; (ii) to hold proprietary institutions of higher education accountable to students and taxpayers; and (iii) to promote quality education programs; (B) a summary of complaints against each proprietary institution of higher education received by any member entity of the Committee; (C) the data described in paragraph (2) and any other data relevant to proprietary institutions of higher education that the Committee determines appropriate; and (D) recommendations of the Committee for such legislative and administrative actions as the Committee determines are necessary to— (i) improve enforcement of applicable Federal laws; (ii) increase accountability of proprietary institutions of higher education to students and taxpayers; and (iii) ensure the promotion of quality education programs. (2) Data (A) Industry-wide data The report shall include data on all proprietary institutions of higher education that consists of information regarding— (i) the total amount of Federal education assistance that proprietary institutions of higher education received for the previous academic year, and the percentage of the total amount of Federal education assistance provided to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (ii) the total amount of Federal education assistance that proprietary institutions of higher education received for the previous academic year, disaggregated by— (I) educational assistance in the form of a loan provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (II) educational assistance in the form of a grant provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (III) educational assistance provided under chapter 33 (IV) tuition assistance provided under section 2007 (V) assistance provided under section 1784a (VI) Federal education assistance not described in subclauses (I) through (V); (iii) the percentage of the total amount of Federal education assistance provided to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (iv) the average retention and graduation rates for students pursuing a degree at proprietary institutions of higher education; (v) the average cohort default rate (as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) (vi) for careers requiring the passage of a licensing examination— (I) the passage rate of individuals who attended a proprietary institution of higher education taking such examination to pursue such a career; and (II) the passage rate of all individuals taking such exam to pursue such a career; and (vii) the use of private education loans at proprietary institutions of higher education that includes— (I) an estimate of the total number of such loans; and (II) information on the average debt, default rate, and interest rate of such loans. (B) Data on publicly traded corporations (i) In general The report shall include data on proprietary institutions of higher education that are publicly traded corporations, consisting of information on— (I) any pre-tax profit of such proprietary institutions of higher education— (aa) reported as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) reported for each such proprietary institution of higher education; (II) revenue for such proprietary institutions of higher education spent on recruiting and marketing activities, student instruction, and student support services, reported— (aa) as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) for each such proprietary institution of higher education; (III) total compensation packages of the executive officers of each such proprietary institution of higher education; (IV) a list of institutional loan programs offered by each such proprietary institution of higher education that includes information on the default and interest rates of such programs; and (V) the data described in clauses (ii) and (iii). (ii) Disaggregated by ownership The report shall include data on proprietary institutions of higher education that are publicly traded corporations, disaggregated by corporate or parent entity, brand name, and campus, consisting of— (I) the total cost of attendance for each program at each such proprietary institution of higher education, and information comparing such total cost for each such program to— (aa) the total cost of attendance for each program at each public institution of higher education; and (bb) the average total cost of attendance for each program at all institutions of higher education, including such institutions that are public and such institutions that are private; (II) total enrollment, dis­ag­gre­gat­ed by— (aa) individuals enrolled in programs taken online; and (bb) individuals enrolled in programs that are not taken online; (III) the average retention and graduation rates for students pursuing a degree at such proprietary institutions of higher education; (IV) the percentage of students enrolled in such proprietary institutions of higher education who complete a program of such an institution within— (aa) the standard period of completion for such program; and (bb) a period that is 150 percent of such standard period of completion; (V) the total cost of attendance for each program at such proprietary institutions of higher education; (VI) the average cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), for such proprietary institutions of higher education, and an annual list of cohort default rates (as defined in such section) for all proprietary institutions of higher education; (VII) the median educational debt incurred by students who complete a program at such a proprietary institution of higher education; (VIII) the median educational debt incurred by students who start but do not complete a program at such a proprietary institution of higher education; (IX) the job placement rate for students who complete a program at such a proprietary institution of higher education and the type of employment obtained by such students; (X) for careers requiring the passage of a licensing examination, the rate of individuals who attended such a proprietary institution of higher education and passed such an examination; and (XI) the number of complaints from students enrolled in such proprietary institutions of higher education who have submitted a complaint to any member entity of the Committee. (iii) Department of Defense and Veterans Affairs assistance (I) In general To the extent practicable, the report shall provide information on the data described in clause (ii) for individuals using, to pay for the costs of attending such a proprietary institution of higher education, Federal education assistance provided under— (aa) chapter 33 (bb) section 2007 (cc) section 1784a (II) Revenue The report shall provide information on the revenue of proprietary institutions of higher education that are publicly traded corporations that is derived from the Federal education assistance described in subclause (I). (C) Comparison data To the extent practicable, the report shall provide information comparing the data described in subparagraph (B) for proprietary institutions of higher education that are publicly traded corporations with such data for public institutions of higher education disaggregated by State. (3) Accounting of any action For the purposes of paragraph (1)(A), the term any action (A) a complaint filed by a Federal or State agency in a local, State, Federal, or tribal court; (B) an administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation; or (C) any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program. 6. For-profit college warning list for parents and students (a) In general Each academic year, the Committee shall publish a list to be known as the For-Profit College Warning List for Parents and Students (1) that have engaged in illegal activity during the previous academic year as determined by a Federal or State court; (2) that have entered into a settlement resulting in a monetary payment; (3) that have had any higher education program withdrawn or suspended; or (4) for which the Committee has sufficient evidence of widespread or systemic unfair, deceptive, abusive, unethical, fraudulent, or predatory practices, policies, or procedures that pose a threat to the academic success, financial security, or general best interest of students. (b) Determinations In making a determination pursuant to subsection (a)(4), the Committee may consider evidence that includes the following: (1) Any consumer complaint collected by any member entity of the Committee. (2) Any complaint filed by a Federal or State agency in a Federal, State, local, or tribal court. (3) Any administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation. (4) Any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program. (5) Data or information submitted by a proprietary institution of higher education to any accrediting agency or association recognized by the Secretary of Education pursuant to section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) or the findings or adverse actions of any such accrediting agency or association. (6) Information submitted by a proprietary institution of higher education to any member entity of the Committee. (7) Any other evidence that the Committee determines relevant in making a determination pursuant to subsection (a)(4). (c) Publication Not later than July 1 of each fiscal year, the Committee shall publish the list described in subsection (a) prominently and in a manner that is easily accessible to parents, students, and other stakeholders in accordance with any best practices developed under section 3(b)(5).

Proprietary Education Oversight Coordination Improvement Act

Small Business Fairness in Health Care Act - Amends the Internal Revenue Code, as amended by the Patient Protection and Affordable Care Act (PPACA), to: (1) exempt a small business concern, as defined by the Small Business Act, from the PPACA employer mandate to provide employees with minimum essential health care coverage; and (2) redefine "full-time employee," for purposes of such mandate, as an employee who is employed on average at least 40 (currently, 30) hours a week.

113 S2205 IS: Small Business Fairness in Health Care Act U.S. Senate 2014-04-03 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. 2205 IN THE SENATE OF THE UNITED STATES April 3, 2014 Mr. Enzi Mr. Portman Mr. Risch Mr. Barrasso Mr. Scott Mr. Thune Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exempt certain small businesses from the employer health insurance mandate and to modify the definition of full-time employee for purposes of such mandate. 1. Short title This Act may be cited as the Small Business Fairness in Health Care Act 2. Restrictions on application of employer health insurance mandate (a) Exception for small business concerns Section 4980H(c)(2) (F) Exception for small business concerns The term applicable large employer . (b) Definition of full-Time employee Section 4980H(c) of such Code is amended— (1) in paragraph (2)(E), by striking by 120 by 174 (2) in paragraph (4)(A), by striking 30 hours 40 hours (c) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013.

Small Business Fairness in Health Care Act

Let Me Google That For You Act - Repeals the National Technical Information Act of 1988, effective one year after the enactment of this Act (thus abolishes the National Technical Information Service [NTIS]). Directs: (1) the Secretary of Commerce, the Archivist of the United States, the Comptroller General (GAO), and the Commissioner of Social Security to consult with the Director of the Office of Management and Budget (OMB) to determine if any NTIS function is critical to the U.S. economy; (2) the Comptroller General to determine which of any such critical functions are not being carried out by any other agency or instrumentality of the federal government; and (3) the Secretary of Commerce, prior to the effective date of this Act, to submit to the House Committee on Energy and Commerce and the Senate Committee on Finance a written certification that all NTIS operations have been terminated.

113 S2206 IS: Let Me Google That For You Act U.S. Senate 2014-04-03 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. 2206 IN THE SENATE OF THE UNITED STATES April 3, 2014 Mr. Coburn Mrs. McCaskill Committee on Commerce, Science, and Transportation A BILL To streamline the collection and distribution of government information. 1. Short title This Act may be cited as the Let Me Google That For You Act 2. Findings Congress finds the following: (1) The National Technical Information Service (referred to in this Act as NTIS GAO (2) NTIS was established in 1950, more than 40 years before the creation of the Internet. (3) NTIS is tasked with collecting and distributing government-funded scientific, technical, engineering, and business-related information and reports. (4) GAO found that NTIS sold only 8 percent of the 2,500,000 reports in its collection between 1995 and 2000. (5) A November 2012 GAO review of NTIS made the following conclusions: (A) Of the reports added to NTIS’s repository during fiscal years 1990 through 2011, GAO estimates that approximately 74 percent were readily available from other public sources. (B) These reports were often available either from the issuing organization’s website, the Federal Internet portal (http://www.USA.gov) or from another source located through a web search. (C) The source that most often had the report [GAO] was searching for was another website located through http://www.Google.com. (D) 95 percent of the reports available from sources other than NTIS were available free of charge. (6) No Federal agency should use taxpayer dollars to purchase a report from the National Technical Information Service that is available through the Internet for free. (7) As far back as 1999, Secretary of Commerce William Daley— (A) admitted that the National Technical Information Service would eventually outlive its usefulness and be unable to sustain its revenue-losing profit model; (B) explained that declining sales revenues soon would not be sufficient to recover all of NTIS’ operating costs (C) attributed this decline to other agencies’ practice of making their research results available to the public for free through the Web (8) According to the November 2012 GAO report— (A) NTIS product expenditures exceeded revenues for 10 out of the past 11 fiscal years. (B) The agency lost, on average, about $1.3 million over the last 11 years on its products. (C) The decline in revenue for its products continues to call into question whether NTIS’s basic statutory function of acting as a self-financing repository and disseminator of scientific and technical information is still viable. (9) NTIS has compensated for its lost revenue by charging other Federal agencies for various services that are not associated with NTIS’s primary mission. (10) Future technological advances will ensure that the services offered by NTIS are even more superfluous for essential government functions than they are today. 3. National Technical Information Service (a) Repeal Effective on the date that is 1 year after the date of the enactment of this Act, the National Technical Information Act of 1988 (subtitle B of title II of Public Law 100–519; 15 U.S.C. 3704b (b) Transfer of critical functions (1) Consultation requirement The Secretary of Commerce, the Archivist of the United States, the Comptroller General of the United States, and the Commissioner of Social Security shall consult with the Director of the Office of Management and Budget to determine if any function of the National Technical Information Service is critical to the economy of the United States. (2) GAO certification The Comptroller General of the United States shall determine which of the critical functions identified pursuant to paragraph (1) are not being carried out by any other agency or instrumentality of the Federal Government. (3) Transfers authorized Before the effective date set forth in subsection (a), the Secretary of Commerce may transfer the responsibility for any critical function of NTIS (as identified under paragraph (1)) that is not otherwise being carried out (as determined under paragraph (2)) to another office within the Department of Commerce. (c) Abolition of functions Except for the functions transferred pursuant to subsection (b), all functions of the National Technical Information Service immediately before the repeal date described in subsection (a) are abolished on such repeal date. 4. Secretary of Commerce certification Before the effective date set forth in section 3(a), the Secretary of Commerce shall submit a written certification to the Committee on Finance of the Senate Committee on Energy and Commerce of the House of Representatives

Let Me Google That For You Act

Money Remittances Improvement Act of 2014 - Authorizes the Secretary of the Treasury, with respect to compliance with reporting requirements for monetary instrument transactions of financial institutions, to rely upon examinations conducted by a state supervisory agency of a category of financial institution if: (1) the category is required to comply with federal requirements, or (2) the state supervisory agency examines the category for compliance with federal requirements. Instructs the Secretary to consult with state supervisory agencies when issuing rules to implement this Act.

113 S2208 IS: Money Remittances Improvement Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2208 IN THE SENATE OF THE UNITED STATES April 3, 2014 Mr. Kirk Ms. Klobuchar Committee on Banking, Housing, and Urban Affairs A BILL To allow the Secretary of the Treasury to rely on State examinations for certain financial institutions, and for other purposes. 1. Short title This Act may be cited as the Money Remittances Improvement Act of 2014 2. Compliance authority for certain reporting requirements (a) Compliance with reporting requirements on monetary instrument transactions Section 5318(a) (1) in paragraph (5), by striking and (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) rely on examinations conducted by a State supervisory agency of a category of financial institution, if the Secretary determines that— (A) the category of financial institution is required to comply with this subchapter and regulations prescribed under this subchapter; or (B) the State supervisory agency examines the category of financial institution for compliance with this subchapter and regulations prescribed under this subchapter; and . (b) Compliance with reporting requirements of other financial institutions Section 128 of Public Law 91–508 12 U.S.C. 1958 (1) by striking this title this chapter and section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b (2) by inserting at the end the following: The Secretary may rely on examinations conducted by a State supervisory agency of a category of financial institution, if the Secretary determines that the category of financial institution is required to comply with this chapter and section 21 of the Federal Deposit Insurance Act (and regulations prescribed under this chapter and section 21 of the Federal Deposit Insurance Act), or the State supervisory agency examines the category of financial institution for compliance with this chapter and section 21 of the Federal Deposit Insurance Act (and regulations prescribed under this chapter and section 21 of the Federal Deposit Insurance Act). (c) Consultation with State agencies In issuing rules to carry out section 5318(a)(6) Public Law 91–508 12 U.S.C. 1958

Money Remittances Improvement Act of 2014

Syrian War Crimes Accountability Act of 2014 - States that Congress: (1) condemns the ongoing violence, use of chemical weapons, targeting of civilian populations, and systematic gross human rights violations carried out by government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by extremist groups and other combatants involved in the civil war in Syria; (2) supports the people of Syria seeking democratic change; (3) urges all parties to the conflict to halt attacks on civilians; (4) calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and (5) calls for a United Nations (U.N.) Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. Direct the Secretary of State to report to Congress regarding war crimes and crimes against humanity in Syria.

113 S2209 IS: Syrian War Crimes Accountability Act of 2014 U.S. Senate 2014-04-03 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. 2209 IN THE SENATE OF THE UNITED STATES April 3, 2014 Mr. Cardin Mr. Rubio Mr. Kaine Mrs. Shaheen Committee on Foreign Relations A BILL To require a report on accountability for war crimes and crimes against humanity in Syria. 1. Short title This Act may be cited as the Syrian War Crimes Accountability Act of 2014 2. Findings Congress makes the following findings: (1) On February 22, 2014, the United Nations Security Council unanimously adopted Resolution 2139 recognizing the escalating level of violence in Syria. (2) Credible sources estimate the death of more than 140,000 people in Syria, including 10,000 children. (3) On February 27, 2014, the Department of State issued its 2013 Human Rights Report on Syria, which described President Bashar al Assad’s use of indiscriminate and deadly force sarin gas and artillery to target East Ghouta and Moadamiya al-Sham, suburbs of Damascus, which killed over 1,000 people. (4) The United Nations Independent International Commission of Inquiry on the Syrian Arab Republic reports that pro-government forces have conducted attacks on Syrian civilian populations, and have utilized murder, torture, assault, and rape as war tactics. Anti-government groups have also committed murder and torture, engaged in hostage-taking, attacked protected objects, and shelled civilian neighborhoods. (5) Internationally accepted rules of war require actors to distinguish between civilians and combatants and that all parties adhere to the principle of medical neutrality whereby both sides ensure unhindered access to medical care. 3. Sense of Congress Congress— (1) strongly condemns the ongoing violence, use of chemical weapons, targeting of civilian populations with barrel, incendiary and cluster bombs, and SCUD missiles, and systematic gross human rights violations carried out by Government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by violent extremist groups and other combatants involved in the civil war in Syria; (2) expresses its support for the people of Syria seeking democratic change; (3) urges all parties to the conflict to immediately halt indiscriminate attacks on civilians; (4) calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and (5) calls for a United Nations Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. 4. Report on accountability for war crimes and crimes against humanity in syria (a) In general Not later than 90 days after the date of the enactment of this Act, and again not later than 180 days after the cessation of violence in Syria, the Secretary of State shall submit to the appropriate congressional committees a report on war crimes and crimes against humanity in Syria. (b) Elements The report required under paragraph (1) shall include the following elements: (1) A description of violations of internationally recognized human rights and crimes against humanity perpetrated during the civil war in Syria, including— (A) an account of the war crimes and crimes against humanity committed by the regime of President Bashar al-Assad; (B) an account of the war crimes and crimes against humanity committed by violent extremist groups and other combatants in the conflict; and (C) a description of the conventional and unconventional weapons used for such crimes and, where possible, the origins of the weapons. (2) A description of efforts by the Department of State and the United States Agency for International Development to ensure accountability for violations of internationally recognized human rights and crimes against humanity perpetrated against the people of Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict, including— (A) a description of initiatives that the United States Government has undertaken to train investigators in Syria on how to document, investigate, and develop findings of war crimes, including the number of United States Government or contract personnel currently designated to work full-time on these issues and an identification of the authorities and appropriations being used to support training efforts; (B) a description of the strategy and implementation efforts to ensure accountability for crimes committed during the Syrian conflict, including efforts to promote the establishment of an ad hoc tribunal to prosecute the perpetrators of war crimes committed during the civil war in Syria; and (C) an assessment of the impact of those initiatives. (c) Appropriate congressional committee defined In this section, the term appropriate congressional committees (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives.

Syrian War Crimes Accountability Act of 2014

School Food Modernization Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs) or school food authorities administering or operating a school lunch program, tribal organizations, or consortia of such entities to finance the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that will facilitate their provision of healthy meals through the school lunch program. Requires the Secretary to give a preference to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment. Prohibits a loan guarantee from covering more than 80% of a loan's principal. Requires the Secretary to establish fees for the loan guarantee program that: (1) are sufficient to cover the federal government's administrative costs in operating the program, and (2) may be based on the risk premium associated with the particular loan or loan guarantee. Directs the Secretary to award competitive matching grants to assist LEAs or school food authorities administering or operating a school lunch program, tribal organizations, or consortia of such entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. Requires the Secretary to give grant priority to applicants that: (1) have identified and are reasonably expected to meet an unmet local or community need, and (2) are located in states that have enacted funding measures to assist them with such purchases. Prohibits such a grant from covering more than 80% of the total cost of the durable equipment and infrastructure. Directs the Secretary to award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to meet updated school lunch program nutrition standards. Prohibits such a grant from covering more than 80% of the total cost of the training and technical assistance.

113 S2210 IS: School Food Modernization Act U.S. Senate 2014-04-03 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. 2210 IN THE SENATE OF THE UNITED STATES April 3, 2014 Ms. Collins Ms. Heitkamp Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to make loan guarantees and grants to finance certain improvements to school lunch facilities, to train school food service personnel, and for other purposes. 1. Short title This Act may be cited as the School Food Modernization Act 2. Loan guarantees and grants to finance certain improvements to school lunch facilities The Richard B. Russell National School Lunch Act is amended by inserting after section 26 (42 U.S.C. 1769g) the following: 27. Loan guarantees and grants to finance certain improvements to school lunch facilities (a) Definitions In this section: (1) Durable equipment The term durable equipment (2) Eligible entity The term eligible entity (A) a local educational agency or a school food authority administering or operating a school lunch program; (B) a tribal organization; or (C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. (3) Infrastructure The term infrastructure (4) Local educational agency The term local educational agency 20 U.S.C. 7801 (5) School food authority The term school food authority section 210.2 (6) Tribal organization The term tribal organization 25 U.S.C. 450b (b) Loan guarantees for assistance to schools for infrastructure improvements and durable equipment necessary To provide healthy meals through school lunch programs (1) Authority to guarantee loans The Secretary shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school lunch program. (2) Competitive basis Subject to paragraph (3), the Secretary shall select eligible entities to receive a loan guarantee under this subsection on a competitive basis. (3) Preferences In issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (4) Oversight The Secretary shall establish procedures to enable the Secretary to oversee the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment for which a loan guarantee is issued under this subsection. (5) Guarantee amount A loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. (6) Fees The Secretary shall establish fees with respect to loan guarantees under this subsection that, as determined by the Secretary— (A) are sufficient to cover all the administrative costs to the Federal Government for the operation of the program; (B) may be in the form of an application or transaction fee, or interest rate adjustment; and (C) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration— (i) the price of Treasury obligations of a similar maturity; (ii) prevailing market conditions; (iii) the ability of the eligible infrastructure project to support the loan guarantee; and (iv) the total amount of the loan guarantee. (7) Funding (A) In general To provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act 7 U.S.C. 1926(a) (B) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. (c) Equipment grants (1) Authority to make grants Beginning in fiscal year 2015 and subject to the availability of appropriations, the Secretary shall make grants, on a competitive basis, to eligible entities to assist the eligible entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety. (2) Priority In awarding grants under this subsection, the Secretary shall give priority to— (A) eligible entities in States that have enacted comparable statutory grant funding mechanisms or that have otherwise appropriated funds to assist eligible entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety, as determined by the Secretary; and (B) eligible entities that have identified and are reasonably expected to meet an unmet local or community need, including through— (i) a public-private partnership or partnership with a food pantry or other low-income assistance agency; or (ii) the provision for or allowance of kitchen or cafeteria usage by related or outside community organizations. (3) Federal share (A) In general The Federal share of costs for assistance funded through a grant awarded under this subsection shall not exceed 80 percent of the total cost of the durable equipment or infrastructure. (B) Matching As a condition on receiving a grant under this subsection, an eligible entity shall provide matching support in the form of cash or in-kind contributions. (C) Waiver The Secretary may waive or vary the requirements of subparagraphs (A) and (B) if the Secretary determines that undue hardship or effective exclusion from participation in the grant program under this subsection would otherwise result. (4) Authorization of appropriations (A) In general There are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal year 2015 and each subsequent fiscal year. (B) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. . 3. Training and technical assistance for school food service personnel The Richard B. Russell National School Lunch Act is amended by inserting after section 21 (42 U.S.C. 1769b–1) the following: 21A. Training and technical assistance for school food service personnel (a) In general The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet updated nutrition standards under section 4(b)(3) for the school lunch program. (b) Criteria for eligible third-Party institutions The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include— (1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites. (c) Program assistance The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. (d) Federal share (1) In general The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. (2) Matching As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (e) Oversight The Secretary shall establish procedures to enable the Secretary— (1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and (2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. (f) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2015 and each subsequent fiscal year. (2) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. . 4. Report to Congress Not later than 1 year after funds are made available to carry out the amendments made by this Act, and annually thereafter, the Secretary of Agriculture shall submit to Congress a report on the progress of the Secretary in implementing the amendments made by this Act.

School Food Modernization Act

At-Risk Youth Medicaid Protection Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to: (1) prohibit the state from terminating (but allow it to suspend) enrollment under the state plan for medical assistance for an eligible juvenile because he or she is an inmate of a public institution; (2) require the state to restore enrollment automatically to such an individual upon his or her release, and take all steps necessary to ensure the enrollment is effective immediately upon release, unless the individual no longer meets eligibility requirements; and (3) require the state to process any application for medical assistance submitted by, or on behalf of, a juvenile inmate notwithstanding that he or she is an inmate.

113 S2211 IS: At-Risk Youth Medicaid Protection Act of 2014 U.S. Senate 2014-04-03 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. 2211 IN THE SENATE OF THE UNITED STATES April 3, 2014 Mr. Murphy Mr. Booker Committee on Finance A BILL To amend title XIX of the Social Security Act to protect the enrollment of incarcerated youth for medical assistance under the Medicaid program, and for other purposes. 1. Short title This Act may be cited as the At-Risk Youth Medicaid Protection Act of 2014 2. At-risk youth Medicaid protection (a) In general Section 1902 of the Social Security Act ( 42 U.S.C. 1396a (1) in subsection (a)— (A) by striking and (B) by striking the period at the end of paragraph (81) and inserting ; and (C) by inserting after paragraph (81) the following new paragraph: (82) provide that— (A) the State shall not terminate (but may suspend) enrollment under a State plan for medical assistance for an individual who is an eligible juvenile (as defined in subsection (ll)(2)) during the period that such individual is a juvenile and an inmate of a public institution (as defined in subsection (ll)(3)) (B) the State shall automatically restore enrollment for such medical assistance to such an individual upon the individual’s release from any such public institution and shall take all necessary steps to ensure the enrollment is effective immediately upon release from such institution, unless (and until such date as) there is a determination that the individual no longer meets the eligibility requirements for such medical assistance; and (C) the State shall process any application for medical assistance submitted by, or on behalf of, a juvenile who is an inmate of a public institution notwithstanding that the juvenile is such an inmate. ; and (2) by adding at the end the following new subsection: (ll) Juvenile; eligible juvenile; public institution For purposes of subsection (a)(82) and this subsection: (1) Juvenile The term juvenile (A) under 19 years of age (or such higher age as the State has elected under section 475(8)(B)(iii)); or (B) is described in subsection (a)(10)(A)(i)(IX). (2) Eligible juvenile The term eligible juvenile (3) Inmate of a public institution The term inmate of a public institution . (b) No change in exclusion from medical assistance for inmates of public institutions Nothing in this section shall be construed as changing the exclusion from medical assistance under the subdivision (A) following paragraph (29) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to eligibility and enrollment of juveniles who become inmates of public institutions on or after the date that is 1 year after the date of the enactment of this Act. (2) Rule for changes requiring state legislation In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

At-Risk Youth Medicaid Protection Act of 2014

CFPB Improvement Act of 2014 - Amends the Consumer Financial Protection Act of 2010 to authorize the Chairperson of the Financial Stability Oversight Council to issue a stay of, or set aside, any regulation issued by the Consumer Financial Protection Bureau (CFPB) upon the affirmative vote of the majority of Council members (currently, two-thirds), excluding the Director. . Requires the Council, upon the petition of a member agency of the Council, to set aside a final regulation prescribed by the CFPB if the Council decides that such regulation is inconsistent with the safe and sound operations of U.S. financial institutions. (Currently the Council is merely authorized, upon petition, to set aside a final regulation if it would put the safety and soundness of the U.S. banking system or the stability of the U.S. financial system at risk.) Repeals: (1) the prohibition against Council set-aside of a regulation after expiration of a specified time period, and (2) mandatory dismissal of a petition if the Council has not issued a decision within such time period. Requires the CFPB Director, when prescribing a rule under federal consumer financial laws, to consider its impact upon the financial safety or soundness of an insured depository institution.

113 S2212 IS: CFPB Improvement Act of 2014 U.S. Senate 2014-04-03 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. 2212 IN THE SENATE OF THE UNITED STATES April 3, 2014 Mrs. Fischer Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 to strengthen the review authority of the Financial Stability Oversight Council of regulations issued by the Bureau of Consumer Financial Protection, and for other purposes. 1. Short title This Act may be cited as the CFPB Improvement Act of 2014 2. Council voting procedure Section 1023(c)(3)(A) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5513(c)(3)(A) (1) by striking 2/3 a majority (2) by inserting before the period the following: , excluding the Director 3. Review authority of the Council Section 1023 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5513 (1) in subsection (a)— (A) by striking may shall (B) by striking regulation or provision would put the safety and soundness of the United States banking system or the stability of the financial system of the United States at risk regulation that is the subject of the petition is inconsistent with the safe and sound operations of United States financial institutions (2) in subsection (c)— (A) in paragraph (3)(B)(ii), by striking would put the safety and soundness of the United States banking system or the stability of the financial system of the United States at risk is inconsistent with the safe and sound operations of United States financial institutions (B) in paragraph (4)— (i) by striking subparagraph (B); and (ii) by redesignating subparagraph (C) as subparagraph (B); (C) by striking paragraph (5); and (D) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. 4. Safety and soundness check Section 1022(b)(2)(A) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(b)(2)(A) (1) in clause (i), by striking and (2) in clause (ii), by adding and (3) by adding at the end the following: (iii) the impact of such rule on the financial safety or soundness of an insured depository institution; .

CFPB Improvement Act of 2014

Consumer Financial Protection Commission Act of 2014 - Amends the Consumer Financial Protection Act of 2010, title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to replace the position of Director of the Consumer Financial Protection Bureau (CFPB) with a five-member Commission whose members are appointed by the President, by and with the advice and consent of the Senate. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without the prior approval of the Commission.

113 S2213 IS: Consumer Financial Protection Commission Act of 2014 U.S. Senate 2014-04-03 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. 2213 IN THE SENATE OF THE UNITED STATES April 3, 2014 Mrs. Fischer Committee on Banking, Housing, and Urban Affairs A BILL To replace the Director of the Bureau of Consumer Financial Protection with a five-person Commission. 1. Short title This Act may be cited as the Consumer Financial Protection Commission Act of 2014 2. Establishment of the Commission Section 1011 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5491 (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: (b) Establishment of the Commission (1) In general There is established a commission (referred to in this title as the Commission (2) Authority to prescribe regulations The Commission— (A) may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the jurisdiction of the Commission; and (B) shall exercise any authorities granted under this title and all other laws within the jurisdiction of the Commission. (c) Composition of the Commission (1) In general The Commission shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who— (A) are citizens of the United States; and (B) have strong competencies and experiences related to consumer financial protection. (2) Staggering The members of the Commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. (3) Terms (A) In general Except as provided in paragraph (2), each member of the Commission, including the Chair, shall serve for a term of 5 years. (B) Removal for cause The President may remove any member of the Commission only for inefficiency, neglect of duty, or malfeasance in office. (C) Vacancies Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term to which the predecessor of that member was appointed (including the Chair) shall be appointed only for the remainder of the term. (D) Continuation of service Each member of the Commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve for more than 1 year after the date on which the term of that member would otherwise expire. (E) Other employment prohibited No member of the Commission shall engage in any other business, vocation, or employment during the term of service of that member on the Commission. (d) Affiliation With respect to members appointed pursuant to subsection (c), not more than 3 shall be members of any one political party. (e) Chair of the Commission (1) Appointment The Chair of the Commission shall be appointed by the President from among the members of the Commission. (2) Authority The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to— (A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); (B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and (C) the use and expenditure of funds. (3) Limitation In carrying out any of the functions of the Chair under the provisions of this subsection, the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (4) Requests or estimates related to appropriations Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. (f) No impairment by reason of vacancies No vacancy in the membership of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the membership of the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the membership of the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. (g) Seal The Commission shall have an official seal. (h) Compensation (1) Chair The Chair shall receive compensation at the rate prescribed for level II of the Executive Schedule under section 5313 (2) Other members of the Commission The 4 members of the Commission other than the Chair shall each receive compensation at the rate prescribed for level III of the Executive Schedule under section 5314 (i) Initial quorum established During any time period prior to the date of confirmation of at least 2 members of the Commission, 1 member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply. . 3. Conforming amendments (a) Consumer Financial Protection Act of 2010 (1) In general Except as provided under paragraph (2), the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. (A) by striking Director of the (B) by striking Director Bureau (C) in section 1002, by striking paragraph (10) and inserting the following: (10) [Reserved]. . (2) Exceptions The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. (A) in section 1012(c)(4), by striking Director Commission of the Bureau (B) in section 1013(c)(3)— (i) by striking Assistant Director of the Bureau for Head of the Office of (ii) in subparagraph (B), by striking Assistant Director Head of the Office (C) in section 1013(g)(2)— (i) in the paragraph heading, by striking Assistant director Head of the Office (ii) by striking an assistant director a Head of the Office of Financial Protection for Older Americans (D) in section 1016(a), by striking Director of the Bureau Chair of the Commission (E) in section 1017(c)(1), by striking the Director Commission of the Bureau (F) in section 1027(l)(1), by striking Director and the (G) in section 1066(a), by striking Director of the Bureau is first member of the Commission is (b) Dodd-Frank Wall Street Reform and Consumer Protection Act The Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (1) in section 111(b)(1)(D), by striking Director Chair of the Commission (2) in section 1447, by striking Director of the Bureau Bureau (c) Electronic Fund Transfer Act Section 921(a)(4)(C) of the Electronic Fund Transfer Act (15 U.S.C. 1693o–2(a)(4)(C)) is amended by striking Director of the Bureau of Consumer Financial Protection Bureau of Consumer Financial Protection (d) Expedited Funds Availability Act The Expedited Funds Availability Act ( 12 U.S.C. 4001 et seq. Director of the Bureau Bureau (e) Federal Deposit Insurance Act Section 2 of the Federal Deposit Insurance Act ( 12 U.S.C. 1812 Director of the Consumer Financial Protection Bureau Chair of the Commission of the Bureau of Consumer Financial Protection (f) Federal Financial Institutions Examination Council Act of 1978 Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3303(a)(4) Director of the Consumer Financial Protection Bureau Chair of the Commission of the Bureau of Consumer Financial Protection (g) Financial Literacy and Education Improvement Act Section 513 of the Financial Literacy and Education Improvement Act ( 20 U.S.C. 9702 Director Chair of the Commission (h) Home Mortgage Disclosure Act of 1975 Section 307 of the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2806 Director of the Bureau of Consumer Financial Protection Bureau of Consumer Financial Protection (i) Interstate Land Sales Full Disclosure Act The Interstate Land Sales Full Disclosure Act ( 15 U.S.C. 1701 et seq. (1) in section 1402, by striking paragraph (1) and inserting the following: (1) Chair ; and (2) in section 1416(a), by striking Director of the Bureau of Consumer Financial Protection Chair (j) Real Estate Settlement Procedures Act of 1974 Section 5 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2604 (1) by striking The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Director The Bureau of Consumer Financial Protection (2) by striking Director Bureau (k) S.A.F.E. Mortgage Licensing Act of 2008 The S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5101 et seq. (1) by striking Director Bureau (2) in section 1503, by striking paragraph (10) and inserting the following: (10) [Reserved]. . (l) Title 44, United States Code Section 3513(c) of title 44, United States Code, is amended by striking Director of the Bureau Bureau 4. Effective date This Act, and the amendments made by this Act, shall be effective as of July 16, 2018.

Consumer Financial Protection Commission Act of 2014

Obamacare Taxpayer Bailout Protection Act - Amends the Patient Protection and Affordable Care Act, with respect to the program of risk corridors (under which a qualified health plan offered in the individual or small group market is required to participate in a payment adjustment system based on the ratio of the allowable costs of the plan to the plan's aggregate premiums), to require the Secretary of Health and Human Services (HHS) to ensure that payments to and from a plan are provided for in amounts necessary to reduce to zero the cost to the government of carrying out the program.

113 S2214 IS: Obamacare Taxpayer Bailout Protection Act U.S. Senate 2014-04-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2214 IN THE SENATE OF THE UNITED STATES April 7, 2014 Mr. Rubio Committee on Health, Education, Labor, and Pensions A BILL To prevent a taxpayer bailout of health insurance issuers. 1. Short title This Act may be cited as the Obamacare Taxpayer Bailout Protection Act 2. Prevention of bailout of health insurance issuers Section 1342 of the Patient Protection and Affordable Care Act (42 U.S.C. 18062) is amended by adding at the end the following: (d) Ensuring budget neutrality In implementing this section, the Secretary shall ensure that payments out and payments in under paragraphs (1) and (2) of subsection (b) are provided for in amounts that the Secretary determines are necessary to reduce to zero the cost (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) to the Federal Government of carrying out the program under this section. .

Obamacare Taxpayer Bailout Protection Act

Protect Small Business Jobs Act of 2014 - Requires a federal agency, before any enforcement action is taken on any sanction on a small business for any violation of a rule or pursuant to an adjudication, to: (1) notify the small business that it may be subject to a sanction at the end of a six-month grace period following such notification; (2) delay further action for 15 days after such notification; (3) defer further action for the six-month period (allowing an additional three-month period upon application by the small business demonstrating reasonable good-faith efforts to remedy the violation or other conduct giving rise to the sanction); (4) make a further determination at the end of the applicable grace period as to whether the small business would still be subject to the sanction; and (5) upon a negative determination, waive the sanction. Makes the grace period inapplicable with respect to a violation that puts anyone in imminent danger, as defined by the Occupational Safety and Health Act. Renders any sanction imposed in violation of the requirements of this Act as having no force or effect. Requires: (1) federal agencies to report annually to the Small Business and Agriculture Regulatory Enforcement Ombudsman on the implementation of the requirements of this Act, and (2) the Ombudsman to include such information in a currently-required annual report to Congress.

113 S2216 IS: Protect Small Business Jobs Act of 2014 U.S. Senate 2014-04-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2216 IN THE SENATE OF THE UNITED STATES April 7, 2014 Mr. Paul Committee on Homeland Security and Governmental Affairs A BILL To provide small businesses with a grace period for a regulatory violation, and for other purposes. 1. Short title This Act may be cited as the Protect Small Business Jobs Act of 2014 2. In general Section 558 of title 5, United States Code, is amended by adding at the end the following: (d) Before any enforcement action is taken on a sanction on a business for a violation of a rule or pursuant to an adjudication, and subject to subsection (e) and (f), an agency shall— (1) not later than 10 business days after the date on which the agency determines that the sanction may be imposed on the business, provide notice to the business that, if the business is a small business, the small business may be subject to a sanction at the end of the grace period described in paragraph (3); (2) delay any further action relating to the sanction until the end of the 15-calendar day period beginning on the date on which the agency provides notice under paragraph (1); (3) for a small business— (A) delay any further action relating to the sanction until not earlier than the end of the 6-month period beginning on the date on which the agency provides notice under paragraph (1); and (B) upon application by the small business demonstrating reasonable efforts made in good faith to remedy the violation or other conduct giving rise to the sanction, extending the period under subparagraph (A) by 3 months; (4) after the end of the period described in paragraph (3), redetermine whether, as of the day after the end of the period, the small business would still be subject to the sanction; and (5) if the agency determines under paragraph (4) that the small business would not be subject to the sanction, waive the sanction. (e) If an agency provides notice described in subsection (d)(1) to a business on or after the date that is 11 business days after the date on which the agency determines that a sanction may be imposed on the business— (1) if the agency determines that the same sanction may have been imposed on the business 10 business days before the date of the notice, the agency shall take further action in accordance with subsection (d); and (2) if the agency determines that the same sanction could not have been imposed on the business 10 business days before the date of the notice, the agency shall waive the sanction and take no further action relating to imposition of the sanction. (f) The period during which further action is delayed under subsection (d)— (1) shall apply to a business only 1 time in relation to any single rule; (2) until the end of such period, as determined in accordance with subsection (d), shall apply to action by the agency relating to any subsequent violation of the same rule; and (3) shall not apply to a violation that puts any person in imminent danger, within the meaning given that term under section 13 of the Occupational Safety and Health Act (29 U.S.C. 662). (g) Nothing in subsection (d) shall be construed to prevent a small business from appealing any sanction imposed in accordance with the procedures of the agency, or from seeking review under chapter 7. (h) Any sanction imposed by an agency on a small business for any violation of a rule or pursuant to an adjudication, absent proof of written notice of the sanction and the date on which the agency determined that a sanction may be imposed, or in violation of subsection (d)(3), shall have no force or effect. (i) Each Federal agency shall submit to the Ombudsman an annual report on the implementation of subsection (d), including a discussion of the deferral of action relating to and waiver of sanctions on small businesses. (j) The Ombudsman shall include in the annual report to Congress required under section 30(b)(2)(C) of the Small Business Act ( 15 U.S.C. 657(b)(2)(C) (k) For purposes of this section— (1) the term consumer price index (2) the term CPI adjusted gross receipts (3) the term Ombudsman 15 U.S.C. 657(a) (4) term small business (A) had less than $10,000,000 in gross receipts in the preceding calendar year; (B) is considered a small-business concern (as defined under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) (C) employed fewer than 200 individuals in the preceding calendar year; or (D) had CPI adjusted gross receipts of less than $10,000,000 in the preceding calendar year. .

Protect Small Business Jobs Act of 2014

Military Mental Health Review Board Improvement Act - Requires any medical advisory opinion issued to a civilian board for the correction of a military record, with respect to a current or former member of the Armed Forces diagnosed while serving in the Armed Forces as experiencing a mental health disorder, to include the opinion of a clinical psychologist or psychiatrist if the request for the correction of the records concerned relates to a mental health disorder. Requires any physician on a board for review of a discharge or dismissal of certain former members of the Armed Forces, who after deployment were diagnosed as experiencing post-traumatic stress disorder (PTSD) or traumatic brain injury, or as having a mental health disorder, to have training on mental health issues connected with PTSD or traumatic brain injury (as applicable), or special training on mental health disorders.

113 S2217 IS: Military Mental Health Review Board Improvement Act U.S. Senate 2014-04-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2217 IN THE SENATE OF THE UNITED STATES April 7, 2014 Mr. Tester Mrs. Gillibrand Mr. Blumenthal Mr. Walsh Committee on Armed Services A BILL To amend title 10, United States Code, to enhance the participation of mental health professionals in boards for the correction of military records and boards for the review of the discharge or dismissal of members of the Armed Forces. 1. Short title This Act may be cited as the Military Mental Health Review Board Improvement Act 2. Enhancement of participation of mental health professionals in boards for correction of military records and boards for review of discharge or dismissal of members of the Armed Forces (a) Boards for correction of military records Section 1552 (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): (g) Any medical advisory opinion issued to a board established under subsection (a)(1) with respect to a member or former member of the armed forces who was diagnosed while serving in the armed forces as experiencing a mental health disorder shall include the opinion of a clinical psychologist or psychiatrist if the request for correction of records concerned relates to a mental health disorder. . (b) Boards for review of discharge or dismissal (1) Review for certain former members with PTSD or TBI Subsection (d)(1) of section 1553 of such title is amended by striking physician, clinical psychologist, or psychiatrist clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury (as applicable) (2) Review for certain former members with mental health diagnoses Such section is further amended by adding at the end the following new subsection: (e) In the case of a former member of the armed forces (other than a former member covered by subsection (d)) who was diagnosed while serving in the armed forces as experiencing a mental health disorder, a board established under this section to review the former member's discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with special training on mental health disorders. .

Military Mental Health Review Board Improvement Act

Subnational Visa Waiver Program Act of 2014 - Amends the Immigration and Nationality Act to make a territory or region eligible for designation as a visa waiver program country if it is accorded treatment under a particular U.S. law different from that accorded to the country of which it is a part.

113 S2218 IS: Subnational Visa Waiver Program Act of 2014 U.S. Senate 2014-04-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2218 IN THE SENATE OF THE UNITED STATES April 8, 2014 Ms. Hirono Mr. Lee Mr. Kirk Ms. Klobuchar Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for the eligibility of certain territories and regions for designation for participation in the visa waiver program and for other purposes. 1. Short title This Act may be cited as the Subnational Visa Waiver Program Act of 2014 2. Eligibility of certain territories and regions for designation for participation in visa waiver program Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) (12) Eligibility of certain territories and regions for designation as program countries A territory or region of a country— (A) shall be eligible for designation as a program country for purposes of this subsection if such territory or region is accorded treatment under a particular law of the United States, or any provision thereof, different from that accorded to the country of which it is a part; and (B) may be designated as a program country for purposes of this subsection if such territory or region meets requirements applicable for such designation in this subsection. .

Subnational Visa Waiver Program Act of 2014

Hate Crime Reporting Act of 2014 - Directs the National Telecommunications and Information Administration (NTIA) to update a report for Congress concerning the role of telecommunications in the commission of hate crimes. Requires such report to include: (1) an analysis of the use of telecommunications (including the Internet, broadcast television and radio, cable television, public access television, commercial mobile services, and other electronic media) to advocate and encourage violent acts and the commission of hate crimes as specified in the Hate Crime Statistics Act; (2) NTIA recommendations; and (3) updates concerning the role of telecommunications in crimes of hate and violent acts against ethnic, religious, and racial minorities.

113 S2219 IS: Hate Crime Reporting Act of 2014 U.S. Senate 2014-04-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2219 IN THE SENATE OF THE UNITED STATES April 8, 2014 Mr. Markey Committee on Commerce, Science, and Transportation A BILL To require the National Telecommunications and Information Administration to update a report on the role of telecommunications, including the Internet, in the commission of hate crimes. 1. Short title This Act may be cited as the Hate Crime Reporting Act of 2014 2. Report Section 155 of the National Telecommunications and Information Administration Organization Act (enacted as section 135 of Public Law 102–538 155. Report on the role of telecommunications in hate crimes (a) Report required Not later than 1 year after the date of enactment of the Hate Crime Reporting Act of 2014 (b) Scope of report The report required under subsection (a) shall— (1) analyze information on the use of telecommunications, including the Internet, broadcast television and radio, cable television, public access television, commercial mobile services, and other electronic media, to advocate and encourage violent acts and the commission of crimes of hate, as described in the Hate Crime Statistics Act ( 28 U.S.C. 534 (2) include any recommendations, consistent with the First Amendment to the Constitution of the United States, that the NTIA determines are appropriate and necessary to address the use of telecommunications described in paragraph (1); and (3) update the previous report submitted under this section (as in effect before the date of enactment of the Hate Crime Reporting Act of 2014 .

Hate Crime Reporting Act of 2014

MotorCities National Heritage Area Extension Act - Amends the Automobile National Heritage Area Act to extend through FY2030 the authority of the Secretary of the Interior to make grants or provide assistance for the Automobile National Heritage Area in Michigan.

113 S2221 IS: MotorCities National Heritage Area Extension Act U.S. Senate 2014-04-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2221 IN THE SENATE OF THE UNITED STATES April 8, 2014 Mr. Levin Committee on Energy and Natural Resources A BILL To extend the authorization for the Automobile National Heritage Area in Michigan. 1. Short title This Act may be cited as the MotorCities National Heritage Area Extension Act 2. Automobile national heritage area authorization extended Section 109 of the Automobile National Heritage Area Act ( 16 U.S.C. 461 Public Law 105–355 September 30, 2014 September 30, 2030

MotorCities National Heritage Area Extension Act

Smart Water Resource Management Conservation and Efficiency Act of 2014 - Directs the Secretary of Energy (DOE) to establish and carry out a smart water resource management pilot program to award grants to three to five eligible entities (authorities that provide water, wastewater, or water reuse services) to demonstrate novel and innovative technology-based solutions that will: (1) increase the energy and water efficiency of water, wastewater, and water reuse systems; (2) improve such systems to help communities make significant progress in conserving water, saving energy, and reducing costs; and (3) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. Directs the Secretary, in selecting grant recipients, to consider: energy and cost savings; the novelty of the technology to be used; the degree to which the project integrates next-generation sensors, software, analytics, and management tools; the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and whether the project will be completed in five years or less. Requires the Secretary to evaluate, annually, each project for which a grant is provided and make best practices identified available to the public.

113 S2225 IS: Smart Water Resource Management Conservation and Efficiency Act of 2014 U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2225 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Udall of New Mexico Mr. Chambliss Committee on Environment and Public Works A BILL To provide for a smart water resource management pilot program. 1. Short title This Act may be cited as the Smart Water Resource Management Conservation and Efficiency Act of 2014 2. Smart water resource management pilot program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a utility; (B) a municipality; (C) a water district; and (D) any other authority that provides water, wastewater, or water reuse services. (2) Secretary The term Secretary (3) Smart water resource management pilot program The term smart water resource management pilot program pilot program (b) Smart water resource management pilot program (1) In general The Secretary shall establish and carry out a smart water resource management pilot program in accordance with this section. (2) Purpose The purpose of the smart water resource management pilot program is to award grants to eligible entities to demonstrate novel and innovative technology-based solutions that will— (A) increase the energy and water efficiency of water, wastewater, and water reuse systems; (B) improve water, wastewater, and water reuse systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; and (C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. (3) Project selection (A) In general The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. (B) Selection Criteria In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider— (i) energy and cost savings; (ii) the novelty of the technology to be used; (iii) the degree to which the project integrates next-generation sensors, software, analytics, and management tools; (iv) the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; (v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and (vi) whether the project will be completed in 5 years or less. (C) Applications (i) In General Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. (ii) Contents An application under clause (i) shall, at a minimum, include— (I) a description of the project; (II) a description of the technology to be used in the project; (III) the anticipated results, including energy and water savings, of the project; (IV) a comprehensive budget for the project; (V) the names of the project lead organization and any partners; (VI) the number of users to be served by the project; and (VII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. (4) Administration (A) In general Not later than 300 days after the date of enactment of this Act, the Secretary shall select grant recipients under this section. (B) Evaluations The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that— (i) evaluates the progress and impact of the project; and (ii) assesses the degree to which the project is meeting the goals of the pilot program. (C) Technical and policy assistance On the request of a grant recipient, the Secretary shall provide technical and policy assistance. (D) Best practices The Secretary shall make available to the public— (i) a copy of each evaluation carried out under subparagraph (B); and (ii) a description of any best practices identified by the Secretary as a result of those evaluations. (E) Report to Congress The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B). (c) Funding (1) In general The Secretary shall use not less than $7,500,000 of amounts made available to the Secretary to carry out this section. (2) Prioritization In funding activities under this section, the Secretary shall prioritize funding in the following manner: (A) Any unobligated amounts made available to the Secretary to carry out the activities of the Energy Efficiency and Renewable Energy Office. (B) Any unobligated amounts (other than those described in subparagraph (A)) made available to the Secretary.

Smart Water Resource Management Conservation and Efficiency Act of 2014

WaterSense Efficiency, Conservation, and Adaptation Act of 2014 - Establishes within the Environmental Protection Agency (EPA) a WaterSense program to identify and promote water efficient products, buildings, landscapes, facilities, processes, and services so as to: reduce water use; reduce the strain on water, wastewater, and stormwater infrastructure; conserve energy used to pump, heat, transport, and treat water; and preserve water resources through the voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services that meet the highest water efficiency and performance criteria. Requires the Administrator of EPA to identify other voluntary approaches to encourage recycling and reuse technologies to improve water efficiency or lower water use and to implement those approaches, if appropriate.Establishes a State Residential Water Efficiency and Conservation Incentives Program to provide financial incentives for consumers to purchase and install products, buildings, landscapes, facilities, processes, and services labeled under the WaterSense program. Requires the Administrator to make grants to owners or operators of water systems to address, mitigate, and adapt to address any ongoing or forecasted impact of climate change on the water quality or quantity of a U.S. region.

113 S2226 IS: WaterSense Efficiency, Conservation, and Adaptation Act of 2014 U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2226 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Udall of New Mexico Committee on Environment and Public Works A BILL To establish a WaterSense program within the Environmental Protection Agency. 1. Short title This Act may be cited as the WaterSense Efficiency, Conservation, and Adaptation Act of 2014 2. Water efficiency, conservation, and adaptation (a) Findings Congress finds that— (1) (A) human-induced climate change is affecting the natural water cycle, decreasing precipitation levels in the West, especially the Southwest, and making droughts and floods more frequent and more intense; (B) declining precipitation levels will severely impact water supplies in Southwestern States; and (C) a sharp increase in the number of days with very heavy precipitation throughout the Northeast and the Midwest will stress aging water infrastructure; (2) changes in the water cycle caused by climate disruptions will adversely affect water infrastructure, energy production and use, human health, transportation, agriculture, and ecosystems, while also aggravating water disputes across the United States; (3) (A) the Colorado River, which supplies water for more than 30,000,000 people, is experiencing the worst drought in more than 100 years of recordkeeping; and (B) the primary reservoirs of the Colorado River Basin and Lakes Mead and Powell have lost nearly half of the storage waters of the reservoirs and Lakes, and clean hydropower generated from Hoover Dam risks reduction if the extended drought persists; (4) States and local governments and water utilities can begin to address the challenges described in this subsection by providing incentives for water efficiency and conservation, while also planning and investing in infrastructure to adapt to the impacts of climate change, particularly those impacts already affecting the United States; (5) residential water demand can be reduced by 25 to 40 percent using existing, cost-effective technologies that also can reduce the water bills of consumers by hundreds of dollars per year; and (6) water and energy use are inseparable activities, and supplying and treating water consumes around 4 percent of the electricity of the United States, and electricity makes up 75 percent of the cost of processing and delivering municipal water. (b) Definition of Administrator In this Act, the term Administrator (c) WaterSense (1) In general There is established within the Environmental Protection Agency a WaterSense program to identify and promote water efficient products, buildings, landscapes, facilities, processes, and services so as— (A) to reduce water use; (B) to reduce the strain on water, wastewater, and stormwater infrastructure; (C) to conserve energy used to pump, heat, transport, and treat water; and (D) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services that meet the highest water efficiency and performance criteria. (2) Duties The Administrator shall— (A) establish— (i) a WaterSense label to be used for certain items; and (ii) the procedure by which an item may be certified to display the WaterSense label; (B) promote WaterSense-labeled products, buildings, landscapes, facilities, processes, and services in the market place as the preferred technologies and services for— (i) reducing water use; and (ii) ensuring product and service performance; (C) work to enhance public awareness of the WaterSense label through public outreach, education, and other means; (D) preserve the integrity of the WaterSense label by— (i) establishing and maintaining performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; (ii) overseeing WaterSense certifications made by third parties; (iii) conducting reviews of the use of the WaterSense label in the marketplace and taking corrective action in any case in which misuse of the label is identified; and (iv) carrying out such other measures as the Administrator determines to be appropriate; (E) regularly review and, if appropriate, update WaterSense criteria for categories of products, buildings, landscapes, facilities, processes, and services, at least once every 4 years; (F) to the maximum extent practicable, regularly estimate and make available to the public the production and relative market shares of, and the savings of water, energy, and capital costs of water, wastewater, and stormwater infrastructure attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services, at least annually; (G) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion (or prior to effective dates for any such category, specification, installation criterion, or other criterion); (H) provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with— (i) an explanation of the changes; and (ii) as appropriate, responses to comments submitted by interested parties and the public; (I) provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; (J) identify and, if appropriate, implement other voluntary approaches in commercial, institutional, residential, industrial, and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use; and (K) if appropriate, apply the WaterSense label to water-using products that are labeled by the Energy Star program implemented by the Administrator and the Secretary of Energy. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $7,500,000 for fiscal year 2015; (B) $10,000,000 for fiscal year 2016; (C) $20,000,000 for fiscal year 2017; (D) $50,000,000 for fiscal year 2018; and (E) for each subsequent fiscal year, the applicable amount for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (d) State residential water efficiency and conservation incentives program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity (B) Incentive program The term incentive program (C) Residential water-efficient product, building, landscape, process, or service (i) In general The term residential water-efficient product, building, landscape, process, or service (I) by the WaterSense program; or (II) if a WaterSense specification does not exist, by the Energy Star program or an incentive program approved by the Administrator. (ii) Inclusions The term residential water-efficient product, building, landscape, process, or service (I) faucets; (II) irrigation technologies and services; (III) point-of-use water treatment devices; (IV) reuse and recycling technologies; (V) toilets; (VI) clothes washers; (VII) dishwashers; (VIII) showerheads; (IX) xeriscaping and other landscape conversions that replace irrigated turf; and (X) new water efficient homes certified under the WaterSense program. (D) WaterSense program The term WaterSense program (2) Eligible entities An entity shall be eligible to receive an allocation under paragraph (3) if the entity— (A) establishes (or has established) an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products, buildings, landscapes, processes, or services; (B) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and (C) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program. (3) Amount of allocations For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out paragraph (4), taking into consideration— (A) the population served by the eligible entity during the most recent calendar year for which data are available; (B) the targeted population of the incentive program of the eligible entity, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population; (C) for existing programs, the effectiveness of the program in encouraging the adoption of water-efficient products, buildings, landscapes, facilities, processes, and services; (D) any allocation to the eligible entity for a preceding fiscal year that remains unused; and (E) the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the accessibility of water supplies to the eligible entity. (4) Use of allocated funds Funds allocated to an eligible entity under paragraph (3) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program. (5) Fixture recycling Eligible entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this subsection. (6) Issuance of incentives (A) In general Financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program. (B) Manner of issuance An eligible entity may— (i) issue all financial incentives directly to residential consumers; or (ii) with approval of the Administrator, delegate all or part of financial incentive administration to other organizations, including local governments, municipal water authorities, water utilities, and nonprofit organizations. (C) Amount The amount of a financial incentive shall be determined by the eligible entity, taking into consideration— (i) the amount of any Federal or State tax incentive available for the purchase of the residential water-efficient product or service; (ii) the amount necessary to change consumer behavior to purchase water-efficient products and services; and (iii) the consumer expenditures for onsite preparation, assembly, and original installation of the product. (7) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this section— (A) $100,000,000 for fiscal year 2015; (B) $150,000,000 for fiscal year 2016; (C) $200,000,000 for fiscal year 2017; (D) $150,000,000 for fiscal year 2018; (E) $100,000,000 for fiscal year 2019; and (F) for each subsequent fiscal year, the applicable amount for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (e) Blue bank for water system mitigation and adaptation (1) Definitions In this subsection: (A) Abrupt climate change The term abrupt climate change (i) takes place over a few decades or less; (ii) persists (or is anticipated to persist) for at least a few decades; and (iii) causes substantial disruptions in human and natural systems. (B) Owner or operator (i) In general The term owner or operator (ii) Inclusion The term owner or operator (C) Water system The term water system (i) a community water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f (ii) a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 (iii) a decentralized wastewater treatment system for domestic sewage; (iv) a groundwater storage and replenishment system; or (v) a system for transport and delivery of water for irrigation or conservation. (2) Grants Beginning in fiscal year 2015, the Administrator shall make grants to owners or operators of water systems to address any ongoing or forecasted (based on the best available research and data) climate-related impact on the water quality or quantity of a region of the United States, for the purposes of mitigating or adapting to the impacts of climate change. (3) Eligible uses In carrying out this subsection, the Administrator shall make grants to assist in the planning, design, construction, implementation, or maintenance of any program or project to increase the resilience of a water system to climate change by— (A) conserving water or enhancing water use efficiency, including through the use of water metering to measure the effectiveness of a water efficiency program; (B) modifying or relocating existing water system infrastructure made or projected to be made inoperable by climate change impacts; (C) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; (D) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems; (E) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (F) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (G) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation), or water demand management technologies, projects, or processes (such as water reuse and recycling or adaptive conservation pricing) that maintain or increase water supply or improve water quality; (H) modifying or replacing existing systems or constructing new systems for existing communities or land currently in agricultural production to improve water availability, storage, or conveyance in a manner that— (i) promotes more efficient use of available water supplies; and (ii) does not further exacerbate stresses on ecosystems; (I) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use, including on land currently in agricultural production; (J) conducting and completing studies or assessments to project how climate change may impact the future operations and sustainability of water systems; or (K) developing and implementing mitigation measures to rapidly address impacts on water systems most susceptible to abrupt climate change, including those in the Colorado River Basin and coastal regions at risk from rising sea levels. (4) Application To be eligible to receive a grant from the Administrator under paragraph (2), the owner or operator of a water system shall submit to the Administrator an application that— (A) includes a proposal of the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (B) cites the best available research or data that demonstrates— (i) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from climate change, including rising sea levels and changes in precipitation levels; and (ii) how the proposed program, strategy, or infrastructure improvement would perform under the anticipated climate conditions; (C) explains how the proposed program, strategy, or infrastructure improvement is expected to enhance the resiliency of the water system, including source water protection for community water systems, to these risks or reduce the direct or indirect greenhouse gas emissions of the water system; and (D) demonstrates that the program, strategy, or infrastructure improvement is— (i) consistent with any approved State and tribal climate adaptation plan; and (ii) not inconsistent with any approved natural resources plan. (5) Competitive process (A) In general Each calendar year, the Administrator shall conduct a competitive process to select and fund applications under this subsection. (B) Priority requirements and weighting In carrying out the process, the Administrator shall— (i) prioritize funding of applications that are submitted by the owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity; (ii) in selecting among the priority applications determined under clause (i), ensure that the final list of applications funded for each year includes a substantial number that, to the maximum extent practicable, includes each eligible use described in paragraph (3); (iii) solicit applications from water systems that are— (I) located in all regions of the United States; and (II) facing varying risks as a result of climate change; and (iv) provide for solicitation and consideration of public input in the development of criteria used in evaluating applications. (6) Cost sharing (A) Federal share The Federal share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to a water system under paragraph (2) shall not exceed 50 percent of the cost of the program, strategy, and infrastructure improvement. (B) Calculation of non-Federal share In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system through an application submitted by the water system under paragraph (4), the Administrator shall— (i) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, as determined by the Administrator; and (ii) not include any other amount that the water system receives from a Federal agency. (7) Labor standards (A) In general All laborers and mechanics employed on infrastructure improvements funded directly by or assisted in whole or in part by this subsection shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. (B) Authority and functions With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 (8) Regulations (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall promulgate final regulations to carry out this subsection. (B) Special rule for the construction of treatment works In carrying out this paragraph, the Administrator shall incorporate all relevant and appropriate requirements of title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) applicable to the construction of treatment works that are carried out under this subsection. (9) Report to Congress Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall submit to the Congress a report on progress in implementing this subsection, including information on project applications received and funded annually. (10) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary.

WaterSense Efficiency, Conservation, and Adaptation Act of 2014

Water Efficiency Improvement Act of 2014 - Amends the Internal Revenue Code to allow a tax credit for 30% of amounts paid for certified WaterSense program property (defined as any plumbing fixture or fitting that has been tested and certified in accordance with the WaterSense program of the Environmental Protection Agency [EPA], a voluntary partnership program for protecting the water supply by using less water with water-efficient products, new homes, and services, or an analogous successor program). Limits the lifetime dollar amount of such credit to $2,000. Terminates such credit after 2015.

113 S2227 IS: Water Efficiency Improvement Act of 2014 U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2227 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Udall of New Mexico Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit for property certified by the Environmental Protection Agency under the WaterSense program. 1. Short title This Act may be cited as the Water Efficiency Improvement Act of 2014 2. Credit for WaterSense program property (a) In general Subpart B of part IV of subchapter A of chapter 1 30E. WaterSense program property (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the amounts paid or incurred by the taxpayer during such taxable year for certified WaterSense program property. (b) Lifetime limitation The aggregate amount of the credits allowed under this section with respect to any taxpayer for any taxable year shall not exceed the excess (if any) of $2,000 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years. (c) Certified WaterSense program property For purposes of this section, the term certified WaterSense program property (1) which has been— (A) tested by an American National Standards Institute accredited third-party certifying body or laboratory in accordance with the Environmental Protection Agency’s WaterSense program (or an analogous successor program), (B) certified by such body or laboratory as meeting the performance and efficiency requirements of such program, and (C) authorized by such program to use its label, and (2) the original use of which commences with the taxpayer. (d) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (e) Special rules For purposes of this section— (1) Aggregation rules All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (2) Basis reduction For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). (3) No double benefit The amount of any deduction or other credit allowable under this chapter with respect to any property for which credit is allowable under subsection (a) shall be reduced by the amount of credit allowed under subsection (a) with respect to such property (determined without regard to subsection (d)). (4) Property used outside united states not qualified No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). (f) Termination This section shall not apply to any property placed in service after December 31, 2015. . (b) Conforming amendments (1) Section 1016(a) of such Code is amended by striking and , and (38) to the extent provided in section 30E(e)(2). . (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 30E. WaterSense program property. . (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Water Efficiency Improvement Act of 2014

Community Water Enhancement Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA), in making grants under the pilot program for alternative water source projects to meet critical water supply needs, to consider the location and benefits of projects in rural communities (including whether the area is served by a public water system with fewer than 3,000 connections or is located in an area with no public water system). Includes among such projects: (1) the conjunctive management of groundwater supplies by delivery of surface water instead of groundwater, and (2) water treatment or distribution facilities if the project requires such facilities to deliver the alternative water supply. Authorizes funding for the program through FY2018.

113 S2228 IS: Community Water Enhancement Act of 2014 U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2228 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Udall of New Mexico Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to consider projects involving rural communities in the selection of alternative water source projects, and for other purposes. 1. Short title This Act may be cited as the Community Water Enhancement Act of 2014 2. Alternative water source projects Section 220 of the Federal Water Pollution Control Act ( 33 U.S.C. 1300 (1) in subsection (d), by adding at the end the following: (4) Participation of rural communities In making grants under this section, the Administrator shall consider whether the project— (A) is located in an unincorporated rural community; (B) is located in an area that— (i) is served by a public water system with fewer than 3,000 connections; or (ii) does not have a public water system; (C) is located in an agricultural area with rural residences served by a public water system or by private wells; or (D) is not only a benefit to the rural community served by the project, but also a benefit to additional regional partners. ; (2) in subsection (i)(1)— (A) in the first sentence— (i) by striking wastewater or wastewater, (ii) by inserting before the period at the end the following: , or through conjunctively managing groundwater supplies by delivering surface water instead of groundwater (B) in the second sentence by inserting unless the project requires those facilities to deliver the alternative water supply (3) in subsection (j), in the first sentence, by striking 2004 2018

Community Water Enhancement Act of 2014

Expanding Primary Care Access and Workforce Act - Amends the Public Health Service Act to appropriate funds for scholarship and student loan repayment programs for primary care providers. Amends the Patient Protection and Affordable Care Act of 2010 to provide appropriations for the National Health Care Workforce Commission and extend provisions related to community health centers and the Family Nurse Practitioner Residency Training Program. Extends payments and development grants for Teaching Health Centers, the Nurse Faculty Loan Program, the Primary Care Residency Expansion Program, and Area Health Education Centers. Prohibits the Secretary of Health and Human Services (HHS) from determining physician fees for payments under title XVIII (Medicare) of the Social Security Act by consulting with physician organizations or entities unless at least 50% of the members are primary care physicians. Amends title XVIII (Medicare) of the Social Security Act to extend the Medicare incentive payment program for primary care services. Amends title XIX (Medicaid) to permanently apply the Medicare payment rate floor to primary care services furnished under Medicaid. Requires medical schools receiving federal funds to maintain a family medicine or primary care department. Amends Medicare provisions related to payments for graduate medical education costs to permit HHS to increase the resident limit for additional positions in family medicine. Prohibits health care providers accepting payments under Medicare or Medicaid from charging uninsured individuals a higher rate for a medical service than the provider would receive under Medicare for the same service.

113 S2229 IS: Expanding Primary Care Access and Workforce Act U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2229 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To expand primary care access. 1. Short title This Act may be cited as the Expanding Primary Care Access and Workforce Act 2. Scholarships and Loan Repayment Opportunities for Primary Care Providers (a) Funding for the National Health Service Corps Section 338 of the Public Health Service Act ( 42 U.S.C. 254k (c) Scholarship and loan repayment opportunities for primary care providers (1) In general There is authorized to be appropriated, and there is appropriated, out of any amounts in the Treasury not otherwise appropriated, $4,900,000,000 for the period of fiscal years 2015 through 2020, to provide for a continuation and expansion of the program with respect to required primary health services, as defined in section 330(b), under this subpart. (2) Supplemental funding Amounts appropriated under this subsection shall be used to supplement and not supplant other amounts appropriated to carry out programs under this subpart. . (b) Scholarship program and student loan repayment program Section 338H of the Public Health Service Act ( 42 U.S.C. 254q (d) Distribution of funds In allocating funds made available to the Health Resources and Services Administration for the National Health Service Corps, the Secretary shall provide loan repayment awards to at least 6 individuals in each State and scholarships to at least 3 individuals in each State. . (c) Public information programs in designated areas Section 332(h) of the Public Health Service Act ( 42 U.S.C. 254e(h) (directly, or by grant, contract, or cooperative agreement) conduct (d) Professional development Section 336(d)(1) of the Public Health Service Act ( 42 U.S.C. 254h–1(d)(1) (directly, or by grant, contract, or cooperative agreement) shall assist 3. Funding for health centers Section 10503(b)(1) of the Patient Protection and Affordable Care Act of 2010 ( 42 U.S.C. 254b–2 (1) in subparagraph (D), by striking and (2) in subparagraph (E), by striking and (3) by inserting after subparagraph (E) the following: (F) $3,800,000,000 for fiscal year 2016; (G) $4,300,000,000 for fiscal year 2017; (H) $4,900,000,000 for fiscal year 2018; (I) $5,600,000,000 for fiscal year 2019; and (J) $6,400,000,000 for fiscal year 2020; and . 4. Increasing the Primary Care Provider Workforce (a) Reauthorization of the teaching health centers program Section 340H of the Public Health Service Act ( 42 U.S.C. 256h (1) in subsection (a), by striking subsection (h)(2) subsection (i)(2) (2) in subsection (g)— (A) by striking such sums $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. (3) 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. ; (4) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively; and (5) 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 (c) National Health Care Workforce Commission Section 5101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q (1) in subsection (h)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) Appropriations There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, $10,000,000 for each fiscal year to carry out this section. ; and (B) by redesignating paragraph (3) as paragraph (2); and (2) in subsection (d)— (A) in paragraph (7), by adding at the end Whenever feasible, Congress and the Department of Health and Human Services shall recognize and implement such recommendations. (B) by adding at the end the following: (9) Data tracking (A) Data tracking mechanism The Commission shall develop, or enter into a contract with another entity to develop, a mechanism for tracking information on the career paths of graduates of medical schools and residency programs, as described in subparagraph (B), and shall make such information publicly available. (B) Recordkeeping The Commission shall collect or ensure the collection of data, using the mechanism developed under subparagraph (A), concerning— (i) the specialty and subspecialty training of all graduates of medical schools receiving Federal funding; and (ii) the professional trajectory of all graduates of medical schools receiving Federal funding for not less than 15 years after each individual graduates from medical school, including data concerning graduates who practice medicine— (I) in underserved areas such as health professional shortage areas (as defined by the National Health Service Corps under section 332 of the Public Health Service Act (42 U.S.C. 254e)); (II) with medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) (III) in Federally qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (IV) rural health clinics (under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (V) the health care system of the Department of Veterans Affairs; and (VI) clinics of the Indian Health Services. . (d) Reauthorization of family nurse practitioner residency training program Section 5316(i) of the Patient Protection and Affordable Care Act (42 U.S.C. 296j–1(i)) is amended by striking such sums $75,000,000 for the period of fiscal years 2015 through 2019. (e) Reauthorization of nurse faculty loan program Section 846A(f) of the Public Health Service Act ( 42 U.S.C. 297n–1(f) 2014 2019 (f) Reauthorization of primary care residency expansion program Section 747(c)(1) of the Public Health Service Act ( 42 U.S.C. 293k(c)(1) $125,000,000 $168,000,000 for the period of fiscal years 2015 through 2019. (g) Reauthorization of the area health education centers Section 751(j)(1) of the Public Health Service Act ( 42 U.S.C. 294a(j)(1) 2010 through 2014 2015 through 2019 5. Increasing payment for primary care (a) Requirement concerning consultation with organizations or other entities In determining physician fees for the purpose of payments under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (b) Incentive payment program for primary care services Section 1833(x)(1) of the Social Security Act ( 42 U.S.C. 1395l(x)(1) 2016 2020 (c) Permanent application of Medicare payment rate floor to primary care services furnished under Medicaid (1) In general Section 1902(a)(13)(C) of the Social Security Act ( 42 U.S.C. 1396a(a)(13)(C) and 2014 or any year thereafter (2) Increased FMAP Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) and before January 1, 2015, (3) Effective date The amendments made by this subsection take effect on January 1, 2015. 6. Accountability for Federal funds at medical schools (a) Family medicine or primary care department A medical school that receives Federal funds for any purpose shall— (1) maintain in such medical school a family medicine or primary care department; and (2) require for all students at least 8 weeks of rotations in family medicine or community-oriented primary care during the third year of training. (b) Reporting on meeting health care workforce needs A medical school that receives Federal funds for any purpose shall— (1) prepare an annual report— (A) responding to the data with respect to such medical school that is collected under section 5101(d)(9) of the Patient Protection and Affordable Care Act (as added by section 4(c)(2)(B)); and (B) detailing the actions the medical school is taking to meet the health care workforce needs in the school's community and across the Nation; and (2) submit such report to the Secretary of Health and Human Services and the National Health Care Workforce Commission. 7. Increasing opportunities and accountability for primary care residency training (a) Additional residency positions for training in family medicine (1) In general Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended— (A) in paragraph (4)(F)(i), by striking paragraphs (7) and (8) paragraphs (7), (8), and (9) (B) in paragraph (4)(H)(i), by striking paragraphs (7) and (8) paragraphs (7), (8), and (9) (C) in paragraph (7)(E), by inserting paragraph (9), paragraph (8), (D) by adding at the end the following new paragraph: (9) Additional residency positions for training in family medicine (A) In general (i) Distribution For fiscal year 2014 (and succeeding fiscal years if the Secretary determines that there are additional residency positions available to distribute under subparagraph (D)), the Secretary shall increase the otherwise applicable resident limit for each qualifying hospital that submits a timely application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1 of the fiscal year of the increase. Such additional residency positions shall be for approved medical residency training programs (as defined in paragraph (5)(A)) in family medicine. (ii) Requirements Subject to clause (iii), a hospital that receives an increase in the otherwise applicable resident limit under this paragraph shall ensure, during the 5-year period beginning on the date of such increase, that— (I) the number of full-time equivalent residents in family medicine (as determined by the Secretary), excluding any additional positions under subclause (II), is not less than the average number of full-time equivalent residents in family medicine (as so determined) during the 3 most recent cost reporting periods ending prior to the date of enactment of this paragraph; and (II) 100 percent of the positions attributable to such increase are in an approved medical residency training program in family medicine (as determined by the Secretary). (iii) Redistribution of positions if hospital no longer meets certain requirements In the case where the Secretary determines that a hospital described in clause (ii) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall— (I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and (II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. (B) Aggregate number of increases The aggregate number of increases in the otherwise applicable resident limit under this paragraph shall be equal to 2,000. (C) Timing The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. (D) Positions not distributed during fiscal year 2014 If the number of resident full-time equivalent positions distributed under this paragraph in fiscal year 2014 is less than the aggregate number of positions available for distribution in the fiscal year under subparagraph (B), the Secretary shall conduct an application and distribution process in subsequent fiscal years until such time as the aggregate number of positions distributed under this paragraph is equal to the aggregate number under subparagraph (B). (E) Consideration in distribution In determining for which hospitals the increase in the otherwise applicable resident limit is provided under this paragraph, the Secretary shall prioritize training programs with an emphasis on community-based training, and shall prioritize hospitals with a demonstrated likelihood of filling the positions with residents who will practice in health professional shortage areas (as defined by the National Health Service Corps under section 332 of the Public Health Service Act (42 U.S.C. 254e)) or with medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) (F) Definition of otherwise applicable resident limit In this paragraph, the term otherwise applicable resident limit . (2) IME (A) In general Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the second sentence, is amended by striking subsections (h)(7) and (h)(8) subsections (h)(7), (h)(8), and (h)(9) (B) Conforming provision Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended— (i) by redesignating clause (x), as added by section 5505(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (ii) by adding after clause (xi), as redesignated by subparagraph (A), the following clause: (xii) For discharges occurring on or after July 1, 2014, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(9), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions. . (b) Requirements To improve transparency (1) In general Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)), as amended by subsection (a)(1), is amended by adding at the end the following new paragraph: (10) Requirements (A) In general Notwithstanding the preceding provisions of this subsection, for fiscal year 2014 and subsequent fiscal years, a hospital shall not receive any payments under this subsection or subsection (d)(5)(B) (or any other payments under this title for graduate medical education costs) in a fiscal year unless the hospital complies with the following requirements, as determined by the Secretary: (i) The hospital has an approved medical residency program in— (I) family medicine; or (II) adult or all-age primary care. (ii) Each fiscal year (beginning with fiscal year 2014), the hospital submits to the Secretary a report that contains the following information with respect to residents of the hospital: (I) The total amount of money generated by the residents (by residency type) in each year of their residency program. (II) The total amount of Federal funding provided to the hospital for training residents, by residency type, in each year of the residency program. (III) The average number of inpatient and outpatient encounters per year by residency type in inpatient and outpatient settings. (IV) A justification for the hospital’s allocation of residency slots across specialties and subspecialties that is responsive to local and national health care workforce needs and recommendations put forth by the National Health Care Workforce Commission. (V) A detailed breakdown of how the hospital uses amounts received under this subsection and under subsection (d)(5)(B). (B) Public availability Not later than 30 days after receiving the report under subparagraph (A)(ii), the Secretary shall post the information described in subclauses (I) through (VI) of such subparagraph on the Internet Website of the Centers for Medicare & Medicaid Services. . (2) IME Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) (xiii) The requirements under subsection (h)(10) shall apply to payments under this subparagraph in the same manner as such requirements apply to payments under such subsection. . 8. Health care for the uninsured A hospital or health care provider that accepts any payment under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.

Expanding Primary Care Access and Workforce Act

Visa Waiver Program Enhanced Security and Reform Act - Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) authorize the Secretary of Homeland Security (DHS) to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions. Directs the Secretary to submit to Congress: (1) an evaluation of the security risks of aliens who enter the United States without an approved Electronic System for Travel Authorization verification, and (2) a description of any improvements needed to minimize the number of aliens who enter the United States without such verification.

114 S1507 IS: Visa Waiver Program Enhanced Security and Reform Act U.S. Senate 2015-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1507 IN THE SENATE OF THE UNITED STATES June 4, 2015 Ms. Mikulski Mr. Kirk Committee on the Judiciary A BILL To amend section 217 of the Immigration and Nationality Act to modify the visa waiver program, and for other purposes. 1. Short title This Act may be cited as the Visa Waiver Program Enhanced Security and Reform Act 2. Visa waiver program enhanced security and reform (a) Definitions Section 217(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(1) (1) Authority to designate; definitions (A) Authority to designate The Secretary of Homeland Security, in consultation with the Secretary of State, may designate any country as a program country if that country meets the requirements under paragraph (2). (B) Definitions In this subsection: (i) Appropriate congressional committees The term appropriate congressional committees (I) the Committee on Foreign Relations of the Senate (II) the Committee on Homeland Security and Governmental Affairs of the Senate (III) the Committee on the Judiciary of the Senate (IV) the Committee on Foreign Affairs of the House of Representatives (V) the Committee on Homeland Security of the House of Representatives (VI) the Committee on the Judiciary of the House of Representatives (ii) Overstay rate (I) Initial designation The term overstay rate (aa) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; and (bb) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (II) Continuing designation The term overstay rate (aa) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; and (bb) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (III) Computation of overstay rate In determining the overstay rate for a country, the Secretary of Homeland Security may utilize information from any available databases to ensure the accuracy of such rate. (iii) Program country The term program country . (b) Technical and conforming amendments Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (1) by striking Attorney General Secretary of Homeland Security (2) in subsection (c)— (A) in paragraph (2)(C)(iii), by striking Committee on the Judiciary and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate appropriate congressional committees (B) in paragraph (5)(A)(i)(III), by striking Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security, of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate appropriate congressional committees (C) in paragraph (7), by striking subparagraph (E). (c) Designation of program countries based on overstay rates (1) In general Section 217(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(A) (A) General numerical limitations (i) Low nonimmigrant visa refusal rate The percentage of nationals of that country refused nonimmigrant visas under section 101(a)(15)(B) during the previous full fiscal year was not more than 3 percent of the total number of nationals of that country who were granted or refused nonimmigrant visas under such section during such year. (ii) Low nonimmigrant overstay rate The overstay rate for that country was not more than 3 percent during the previous fiscal year. . (2) Qualification criteria Section 217(c)(3) of such Act ( 8 U.S.C. 1187(c)(3) (3) Qualification criteria After designation as a program country under section 217(c)(2), a country may not continue to be designated as a program country unless the Secretary of Homeland Security, in consultation with the Secretary of State, determines, pursuant to the requirements under paragraph (5), that the designation will be continued. . (3) Initial period Section 217(c) of such Act ( 8 U.S.C. 1187(c) (4) Continuing designation Section 217(c)(5)(A)(i)(II) of such Act ( 8 U.S.C. 1187(c)(5)(A)(i)(II) (II) shall determine, based upon the results of an evaluation under subclause (I), whether any such designation under subsection (d) or (f), or probation under subsection (f), ought to be continued or terminated; . (5) Computation of visa refusal rates; judicial review Section 217(c)(6) of such Act ( 8 U.S.C. 1187(c)(6) (6) Computation of visa refusal rates and judicial review (A) Computation of visa refusal rates For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. (B) Judicial review No court shall have jurisdiction under this section to review any visa refusal, the Secretary of State’s computation of a visa refusal rate, the Secretary of Homeland Security’s computation of an overstay rate, or the designation or nondesignation of a country as a program country. . (6) Visa waiver information Section 217(c)(7) of such Act ( 8 U.S.C. 1187(c)(7) (A) by striking subparagraphs (B), (C), and (D); and (B) by striking waiver information In refusing waiver information (7) Waiver authority Section 217(c)(8) of such Act ( 8 U.S.C. 1187(c)(8) (8) Waiver authority The Secretary of Homeland Security, in consultation with the Secretary of State, may waive the application of paragraph (2)(A)(i) for a country if— (A) the country meets all other requirements of paragraph (2); (B) the Secretary of Homeland Security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States; (C) there has been a general downward trend in the percentage of nationals of the country refused nonimmigrant visas under section 101(a)(15)(B); (D) the country consistently cooperated with the Government of the United States on counterterrorism initiatives, information sharing, preventing terrorist travel, and extradition to the United States of individuals (including the country's own nationals) who commit crimes that violate United States law before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State assess that such cooperation is likely to continue; and (E) the percentage of nationals of the country refused a nonimmigrant visa under section 101(a)(15)(B) during the previous full fiscal year was not more than 10 percent of the total number of nationals of that country who were granted or refused such nonimmigrant visas. . (d) Termination of designation; probation Section 217(f) of the Immigration and Nationality Act ( 8 U.S.C. 1187(f) (f) Termination of designation; probation (1) Definitions In this subsection: (A) Probationary period The term probationary period (B) Program country The term program country (2) Determination, notice, and initial probationary period (A) Determination of probationary status and notice of noncompliance As part of each program country’s periodic evaluation required by subsection (c)(5)(A), the Secretary of Homeland Security shall determine whether a program country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) Initial probationary period If the Secretary of Homeland Security determines that a program country is not in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2), the Secretary of Homeland Security shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed. (3) Actions at the end of the initial probationary period At the end of the initial probationary period of a country under paragraph (2)(B), the Secretary of Homeland Security shall take one of the following actions: (A) Compliance during initial probationary period If the Secretary determines that all instances of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period, the Secretary shall end the country’s probationary period. (B) Noncompliance during initial probationary period If the Secretary determines that any instance of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period— (i) the Secretary may terminate the country’s participation in the program; or (ii) on an annual basis, the Secretary may continue the country’s probationary status if the Secretary, in consultation with the Secretary of State, determines that the country’s continued participation in the program is in the national interest of the United States. (4) Actions at the end of additional probationary periods At the end of all probationary periods granted to a country pursuant to paragraph (3)(B)(ii), the Secretary shall take one of the following actions: (A) Compliance during additional period The Secretary shall end the country’s probationary status if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) Noncompliance during additional periods The Secretary shall terminate the country's participation in the program if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the program country continues to be in noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (5) Effective date The termination of a country's participation in the program under paragraph (3)(B) or (4)(B) shall take effect on the first day of the first fiscal year following the fiscal year in which the Secretary determines that such participation shall be terminated. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a). (6) Treatment of nationals after termination For purposes of this subsection and subsection (d)— (A) nationals of a country whose designation is terminated under paragraph (3) or (4) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and (B) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination. (7) Consultative role of the secretary of state In this subsection, references to subparagraphs (A)(ii) through (F) of subsection (c)(2) and subsection (c)(5)(A) carry with them the consultative role of the Secretary of State as provided in those provisions. . (e) Review of overstay tracking methodology Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the methods used by the Secretary of Homeland Security— (1) to track aliens entering and exiting the United States; and (2) to detect any such alien who stays longer than such alien's period of authorized admission. (f) Evaluation of electronic system for travel authorization Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress— (1) an evaluation of the security risks of aliens who enter the United States without an approved Electronic System for Travel Authorization verification; and (2) a description of any improvements needed to minimize the number of aliens who enter the United States without the verification described in paragraph (1). (g) Sense of Congress on priority for review of program countries It is the sense of Congress that the Secretary of Homeland Security, in conducting evaluations of countries participating in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187

Visa Waiver Program Enhanced Security and Reform Act

Investing in Student Success Act of 2014 - Declares that income share agreements that meet this Act's requirements are valid, binding, and enforceable contracts that are not subject to state usury laws or state laws regulating assignments of future income. Defines an "income share agreement" as an agreement between an individual and any other person under which the individual commits to pay a specified percentage of the individual's future income, for a specified period of time, in exchange for payments to or on behalf of such individual for postsecondary education, workforce development, or other purposes. Requires such an agreement to: specify the percentage of future income the individual will be obligated to pay, but it must exempt, at a minimum, the first $10,000 (adjusted annually for inflation) of income each year; specify what will be considered the individual's income; prevent the individual from obligating more than 15% of the individual's future income toward such agreement; specify the maximum period that an individual will be obligated to make payments, not to exceed 360 months (excluding any period during which an individual's income was below the agreement's exempt amount); and specify the terms and conditions for early termination of an individual's payment period. Requires individuals, before entering into such an agreement, to be provided with a document that clearly and simply discloses: (1) the terms of the agreement, (2) that the agreement is not a debt instrument, (3) that such individual may be required to pay more or less than the amount received, and (4) that an individual's obligations under the agreement are not dischargeable in bankruptcy. Prohibits such agreements from being construed as giving the contract holder any rights over an individual's actions. Excludes payments that are made under an income share agreement from the individual's gross income for tax purposes. Amends the Internal Revenue Code to include income share agreements as qualified education loans, but denies the deduction for interest paid on such loans. Prohibits amounts individuals receive for entering into an income share agreement from being included as income or assets in the computation of the expected family contribution for any program funded under the Higher Education Act of 1965. Amends the Investment Company Act of 1940 to exclude any person from being treated as an investment company if substantially all of that person's business is confined to making income share agreements.

113 S2230 IS: Investing in Student Success Act of 2014 U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2230 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Rubio Committee on Finance A BILL To provide the legal framework necessary for the growth of innovative private financing options for students to fund postsecondary education, and for other purposes. 1. Short title This Act may be cited as the Investing in Student Success Act of 2014 I Authorization of Income Share Agreements 101. Purpose; lawfulness of instruments; preemption of State law (a) Purpose It is the purpose of this title to authorize individuals to enter into income share agreements for the purposes of obtaining funds in exchange for agreeing to pay to the holder of the contract a specified percentage of the individual’s future income. (b) Lawfulness of contracts; preemption Any income share agreement that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. 102. Terms and conditions of income share agreement contracts (a) Definition of income share agreement For purposes of this title, the term income share agreement (b) Terms and conditions of agreements An income share agreement complies with the requirements of this section if the contract complies with each of the following conditions: (1) Specified percentage of income An income share agreement shall specify the percentage of future income which the individual will be obligated to pay, except that the contract shall exempt, at a minimum, the first $10,000 (adjusted each year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which such data are available) of an individual’s income when determining the individual’s obligation for a given year. (2) Definition of income An income share agreement shall specify the definition of income to be used for purposes of calculating an individual’s obligation under the contract. (3) Aggregate limitation on obligation No eligible individual may enter into any income share agreement if the total percentage of such individual’s future income that the individual agrees to pay under that contract, and any other income share agreements of such individual, exceeds 15 percent of such future income. (4) Specified duration; extension of period An income share agreement shall specify the maximum period of time during which the individual will be obligated to pay a portion of the individual’s future income, except that— (A) except as provided in subparagraph (B), such period may not exceed 360 months; and (B) such contract may provide that such period may be extended by the number of years during which the individual’s income is below the exemption amount specified in the agreement under paragraph (1). (5) Early termination An income share agreement shall specify the terms and conditions by which the individual may extinguish the individual’s obligations under the contract before the end of the payment period specified in the agreement, based on the remaining term of such period. (c) Required disclosures An income share agreement does not comply with the requirements of this section unless the individual who is committing to pay future income is provided, before entry into such agreement, a disclosure document that clearly and simply discloses that— (1) the agreement is not a debt instrument, and that the amount the individual will be required to pay under the agreement— (A) may be more or less than the amount provided to the individual; and (B) will vary in proportion to the individual’s future income; (2) the obligations of the individual under the agreement are not dischargeable under bankruptcy law; (3) whether the obligations of the individual under the agreement may be extinguished by accelerating payments, and, if so, under what terms; (4) the duration of the individual’s obligations under the agreement (absent such accelerating payments), including any circumstances under which the contract would be extended; (5) the percentage of income the individual is committing to pay and the amount of income that is exempt from the calculation of the individual’s obligation; and (6) the definition of income to be used for purposes of calculating the individual’s obligation. (d) Noninterference An income share agreement shall not be construed to give the contract holder any rights over an individual’s actions—it simply represents an obligation by the individual to pay the specific percentage of future income. 103. Definitions As used in this title: (1) State The term State (2) State law The term State law 104. Preemption of State Law with respect to usury Income share agreements shall not be subject to State usury laws. II Tax Treatment of Income Share Agreements 201. Tax treatment of income share agreements (a) Exclusion from gross income of income share agreement proceeds Payments made under an income share agreement to or on behalf of the individual who commits to pay a specified percentage of such individual’s future income to another person under such agreement shall not be includible in the gross income of such individual for purposes of the Internal Revenue Code of 1986. (b) Treatment of payments of future income Payments of future income received by another person under an income share agreement shall be treated for purposes of the Internal Revenue Code of 1986— (1) first, with respect to so much of such payments as does not exceed the amount of the payments to which subsection (a) applies with respect to such agreement, as a repayment of investment in the contract which reduces the holder’s basis in such agreement, and (2) second, as interest which is includible in gross income. (c) Income share agreement For purposes of this title, the term income share agreement III Qualified education loan 301. Qualified education loan (a) In general Paragraph (1) of section 221(d) Such term includes any income share agreement (as defined in section 102 of the Investing in Student Success Act of 2014 (b) Information reporting not required Subsection (e) of section 6050S of such Code is amended by inserting (without regard to the last sentence thereof) section 221(d)(1) IV Federal Individual Assistance Treatment of Income Share Agreements 401. Amounts received not treated as income in calculation of financial need under the Higher Education Act of 1965 No portion of any amounts received by an individual for entering into an income share agreement (as such term is defined in title I) shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under the Higher Education Act of 1965. V Investment Company treatment 501. Businesses making income share agreements excluded from investment company treatment Section 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) (1) in paragraph (4), by inserting after industrial banking, income share agreements (as defined under section 102 of the Investing in Student Success Act of 2014 (2) in paragraph (5), by inserting , including income share agreements services

Investing in Student Success Act of 2014

Medical Evaluation Parity for Servicemembers Act of 2014 or the MEPS Act - Directs the Secretary of the military department concerned to: (1) provide an individual with a mental health assessment before such individual enlists, or is commissioned as an officer, in the Armed Forces; and (2) use assessment results as a baseline for any subsequent mental health examination. Prohibits such Secretary from considering the results of such assessment in determining the assignment or promotion of a member of the Armed Forces. Requires the National Institute of Mental Health of the National Institutes of Health (NIH) to submit to Congress and the Secretary of Defense (DOD) a report on preliminary mental health assessments of members, including recommendations regarding: (1) establishing such an assessment to bring mental health screenings to parity with physical screenings of members; and (2) the composition of the assessment, best practices, and how to track assessment changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. Requires the Secretary concerned to provide a comprehensive physical examination and a mental health screening to each member who, after a period of active duty of more than 180 days, is undergoing separation from the Armed Forces and is not otherwise provided such examination or screening in connection with such separation from either DOD or the Department of Veterans Affairs (VA). Directs the Secretary of Defense to submit to Congress an assessment of DOD's capacity to provide each member who is undergoing separation an electronic copy of the member's service treatment record at the time of separation.

113 S2231 IS: MEPS Act U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2231 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Portman Mr. Rockefeller Committee on Armed Services A BILL To amend title 10, United States Code, to provide an individual with a mental health assessment before the individual enlists in the Armed Forces or is commissioned as an officer in the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Medical Evaluation Parity for Servicemembers Act of 2014 MEPS Act 2. Preliminary mental health assessments for individuals becoming members of the Armed Forces (a) In general Chapter 31 520d. Preliminary mental health assessments (a) Provision of mental health assessment Before any individual enlists in an armed force or is commissioned as an officer in an armed force, the Secretary concerned shall provide the individual with a mental health assessment. The Secretary shall use such results as a baseline for any subsequent mental health examinations, including such examinations provided under sections 1074f and 1074m of this title. (b) Use of assessment The Secretary may not consider the results of a mental health assessment conducted under subsection (a) in determining the assignment or promotion of a member of the armed forces. (c) Application of privacy laws With respect to applicable laws and regulations relating to the privacy of information, the Secretary shall treat a mental health assessment conducted under subsection (a) in the same manner as the medical records of a member of the armed forces. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 520c the following new item: 520d. Preliminary mental health assessments. . (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the National Institute of Mental Health of the National Institutes of Health shall submit to Congress and the Secretary of Defense a report on preliminary mental health assessments of members of the Armed Forces. (2) Matters included The report under paragraph (1) shall include the following: (A) Recommendations with respect to establishing a preliminary mental health assessment of members of the Armed Forces to bring mental health screenings to parity with physical screenings of members. (B) Recommendations with respect to the composition of the mental health assessment, best practices, and how to track assessment changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. (3) Coordination The National Institute of Mental Health shall carry out paragraph (1) in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, the surgeons general of the military departments, and other relevant experts. 3. Physical examinations and mental health screenings for certain members undergoing separation from the Armed Forces who are not otherwise eligible for such examinations (a) In general The Secretary of the military department concerned shall provide a comprehensive physical examination (including a screening for Traumatic Brain Injury) and a mental health screening to each member of the Armed Forces who, after a period of active duty of more than 180 days, is undergoing separation from the Armed Forces and is not otherwise provided such an examination or screening in connection with such separation from the Department of Defense or the Department of Veterans Affairs. (b) No right to health care benefits The provision of a physical examination or mental health screening to a member under subsection (a) shall not, by itself, be used to determine the eligibility of the member for any health care benefits from the Department of Defense or the Department of Veterans Affairs. (c) Funding Funds for the provision of physical examinations and mental health screenings under this section shall be derived from funds otherwise authorized to be appropriated for the military department concerned for the provision of health care to members of the Armed Forces. 4. Report on capacity of Department of Defense to provide electronic copy of member service treatment records to members separating from the Armed Forces (a) Report required Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth an assessment of the capacity of the Department of Defense to provide each member of the Armed Forces who is undergoing separation from the Armed Forces an electronic copy of the member’s service treatment record at the time of separation. (b) Matters relating to the National Guard The assessment under subsection (a) with regards to members of the National Guard shall include an assessment of the capacity of the Department to ensure that the electronic copy of a member’s service treatment record includes health records maintained by each State or territory in which the member served.

MEPS Act

First Amendment Protection Act - Establishes a cause of action that may be brought against a federal executive agency officer or employee who, in the course of an investigation, audit, decision to disclose any record, or decision to grant a license, permit, or recognition of tax exempt status, discriminates against a person's or group's political or religious viewpoint or affiliation in violation of the First Amendment's guarantee of freedom of speech. Defines "record" as any item, collection, or grouping of information about an individual or group that: (1) is maintained by an executive agency, including education, financial transactions, medical information, tax information, address, and criminal or employment history; and (2) contains an individual's name or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. Permits a person or group aggrieved of such a violation to bring a civil action in federal court against the officer or employee (or former officer or employee) for damages or other legal or equitable relief. Allows the court to include the retirement benefits of such an officer or employee in the amount of any damages awarded. Authorizes the head of an executive agency, if a court determines that an officer or employee of the agency has violated this Act, to terminate such officer or employee and such officer's or employee's benefits, including retirement benefits, without cause. Provides for such cause of action and termination authority to apply to conduct that occurred before the enactment of this Act. Expands the categories of nonprofit organizations authorized to file a pleading with a federal court for a declaratory judgment regarding their qualification for tax-exempt status (including any revocation of or change in qualification) to include: (1) civic leagues or organizations; (2) labor, agricultural, or horticultural organizations; and (3) business leagues, chambers of commerce, real-estate boards, boards of trade, or professional football leagues.

113 S2232 IS: First Amendment Protection Act U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2232 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Toomey Committee on the Judiciary A BILL To protect the right to freedom of speech secured by the First Amendment to the Constitution, and for other purposes. 1. Short title This Act may be cited as the First Amendment Protection Act 2. Definitions In this Act— (a) the term Executive agency section 105 (b) the term record 3. Protection of freedom of speech (a) Cause of action Any officer or employee of an Executive agency who in the course of an investigation, audit, decision to disclose any record, or decision to grant a license, permit, or recognition of tax exempt status, discriminates against a person or group on the basis of the person’s or group’s political or religious viewpoint or affiliation in violation of the First Amendment’s guarantee of freedom of speech, shall be considered to have violated this Act. (b) Remedies (1) In general A person or group aggrieved of a violation of this Act may bring a civil action against the officer or employee, or former officer or employee, of an Executive agency in an appropriate district court of the United States for damages or other legal or equitable relief. (2) Considerations In determining whether to award compensatory damages, other restitution, or punitive damages in a civil action brought under paragraph (1), the court shall consider the amount of the benefits the officer or employee of the Executive agency is entitled to collect relating to service as an officer or employee, including retirement benefits, and may include the amount of those benefits, or a percentage of the amount of those benefits, in the amount of any damages awarded. (c) Attorney’s fees and expert fees In a civil action brought under subsection (b)(1), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fees as part of the costs. In awarding an attorney’s fees under this section, the court, in its discretion, may include expert fees as part of the attorney’s fees. (d) Effects on employment and benefits Notwithstanding any other provision of law, including title 5, United States Code, or any contract, on and at any time after the date on which a court enters final judgment in an action brought under subsection (b)(1) in which the court determines that the officer or employee violated this Act, the head of the Executive agency may, without prior notice, terminate the officer or employee without cause and may terminate any or all of the benefits of the officer or employee relating to service as an officer or employee, including retirement benefits, without cause. (e) Retroactive Subsections (a) through (d) shall apply to conduct that occurred before the date of enactment of this Act. (f) No preemption The rights and remedies created by this Act shall be in addition to, and do not preempt, any other rights and remedies available at Federal or State law. (g) Exclusion for employment disputes This Act does not create a cause of action for any claim arising out of Federal employment, including, but not limited to, any cause of action that may be redressed by the Merit Systems Protection Board, the Equal Employment Opportunity Commission, or the Federal Labor Relations Authority. 4. Protection from government delay Section 7428(a)(1)(A) organization described in section 501(c)(3) which is exempt organization described in paragraph (3), (4), (5), or (6) of subsection (c) of section 501, which is exempt

First Amendment Protection Act

National Disaster Tax Relief Act of 2014 - Amends the Internal Revenue Code to provide tax relief for disasters declared in 2012 and 2013 by: extending through 2013 the election to expense qualified disaster expenses (i.e., for removal of debris, demolition, and repair of business-related property); increasing the tax deduction for charitable contributions for disaster relief for individual and corporate taxpayers; allowing through 2013 the deduction of losses attributable to disasters; allowing waivers of requirements relating to mortgage revenue bonds; extending through 2013 the additional allowance for depreciation of business property (bonus depreciation); allowing an increase in 2012 and 2013 of the new markets tax credit limitation amount within a federally-declared disaster area; permitting the use of tax-exempt retirement plan funds in federally-declared disasters without penalty; allowing an additional tax exemption for individuals who are displaced as a result of a federally-declared disaster; allowing an exclusion from gross income of imputed income from the cancellation of indebtedness resulting from federally-declared disasters; providing a special rule to allow individuals affected by a disaster in 2012 or 2103 to claim a full earned income tax credit; increasing the rehabilitation tax credit for buildings affected by a federally-declared disaster; permitting one additional advance refunding of a tax-exempt bond that is outstanding on the date on which a federally-declared disaster occurs; allowing the issuance of qualified disaster area recovery bonds; allowing an additional allocation of the low-income housing tax credit in 2014 to states affected by a federally-declared disaster occurring in 2012 or 2013;   allowing payments of disaster assistance to tax-exempt mutual ditch or irrigation companies without affecting their tax-exempt status; allowing an exclusion from gross income for disaster mitigation payments received from state and local governments; and allowing a tax deduction for payments to a tax-exempt natural disaster fund.

113 S2233 IS: National Disaster Tax Relief Act of 2014 U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2233 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Schumer Mr. Menendez Mr. Bennet Ms. Landrieu Mr. Udall of Colorado Mrs. Gillibrand Mr. Rockefeller Mr. Booker Committee on Finance A BILL To provide tax relief for major disaster areas declared in 2012 and 2013 and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Disaster Tax Relief Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Tax relief relating to disasters in 2012 and 2013 Sec. 101. Expensing of qualified disaster expenses. Sec. 102. Increased limitation on charitable contributions for disaster relief. Sec. 103. Losses attributable to disasters in 2012 and 2013. Sec. 104. Net operating losses attributable to disasters in 2012 and 2013. Sec. 105. Waiver of certain mortgage revenue bond requirements following 2012 and 2013 disasters. Sec. 106. Increased expensing and bonus depreciation for qualified disaster assistance property following 2012 and 2013 disasters. Sec. 107. Increase in new markets tax credit for investments in community development entities serving 2012 and 2013 disaster areas. Sec. 108. Special rules for use of retirement funds in connection with federally declared disasters in 2012 or 2013. Sec. 109. Additional exemption for housing qualified disaster displaced individuals. Sec. 110. Exclusions of certain cancellations of indebtedness by reason of 2012 or 2013 disasters. Sec. 111. Special rule for determining earned income of individuals affected by federally declared disasters. Sec. 112. Increase in rehabilitation credit for buildings in 2012 and 2013 disaster areas. Sec. 113. Advanced refundings of certain tax-exempt bonds. Sec. 114. Qualified disaster area recovery bonds. Sec. 115. Additional low-income housing credit allocations. Sec. 116. Facilitation of transfer of water leasing and water by mutual ditch or irrigation companies in disaster areas. TITLE II—Other disaster tax relief provisions Sec. 201. Exclusion for disaster mitigation payments received from State and local governments. Sec. 202. Natural disaster funds. I Tax relief relating to disasters in 2012 and 2013 101. Expensing of qualified disaster expenses (a) In general Section 198A(b)(2) (1) by striking before January 1, 2010 during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2014 (2) by striking before such date during any such period (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after December 31, 2011, in connection with disasters declared after such date. 102. Increased limitation on charitable contributions for disaster relief (a) Individuals Paragraph (1) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: (F) Qualified disaster contributions (i) In general Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 80 percent of the taxpayer's contribution base over the amount of all other charitable contributions allowable under this paragraph. (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. (iii) Coordination with other subparagraphs For purposes of applying this subsection and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraph (A) and such subparagraph shall be applied without regard to such contributions. (iv) Qualified disaster contributions For purposes of this subparagraph, the term qualified disaster contribution (I) such contribution is for relief efforts related to a federally declared disaster (as defined in section 165(h)(3)(C)(i)), (II) such contribution is made during the period beginning on the applicable disaster date with respect to the disaster described in subclause (I) and ending on December 31, 2014, and (III) such contribution is made in cash to an organization described in subparagraph (A) (other than an organization described in section 509(a)(3)). Such term shall not include a contribution if the contribution is for establishment of a new, or maintenance in an existing, donor advised fund (as defined in section 4966(d)(2)). (v) Applicable disaster date For purposes of clause (iv)(II), the term applicable disaster date (vi) Substantiation requirement This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in clause (iv)(III). . (b) Corporations (1) In general Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (C) Qualified disaster contributions (i) In general Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 20 percent of the taxpayer's taxable income over the amount of charitable contributions allowed under subparagraph (A). (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. (iii) Qualified disaster contribution The term qualified disaster contribution (iv) Substantiation requirement This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in paragraph (1)(F)(iv)(III). . (2) Conforming amendments (A) Subparagraph (A) of section 170(b)(2) of such Code is amended by striking subparagraph (B) applies subparagraphs (B) and (C) apply (B) Subparagraph (B) of section 170(b)(2) of such Code is amended by striking subparagraph (A) subparagraphs (A) and (C) (c) Effective date The amendments made by this section shall apply to disasters arising in taxable years ending after December 31, 2011. 103. Losses attributable to disasters in 2012 and 2013 (a) Waiver of adjusted gross income limitation; increase in standard deduction by disaster casualty loss Subclause (I) of section 165(h)(3)(B)(i) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2010 during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2014 (b) Loss allowed whether or not individual itemized deductions Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph: (22) Disaster casualty losses Any net disaster loss (as defined in section 165(h)(3)(B)). . (c) Technical amendment Clause (i) of section 165(h)(3)(C) of the Internal Revenue Code of 1986 is amended by inserting major means any (d) Effective date The amendments made by this section shall apply to disasters declared in taxable years beginning after December 31, 2011. (e) Use of amended income tax returns To take into account receipt of certain casualty loss grants by disallowing previously taken casualty loss deductions (1) In general Notwithstanding any other provision of the Internal Revenue Code of 1986, if a taxpayer— (A) claims a deduction for any taxable year with respect to a casualty loss to a principal residence (within the meaning of section 121 of such Code) resulting from any federally declared disaster (as defined in section 165(h)(3)(C) of such Code) occurring during the period beginning after December 31, 2011, and before January 1, 2014, and (B) in a subsequent taxable year receives a grant under any Federal or State program as reimbursement for such loss, such taxpayer may elect to file an amended income tax return for the taxable year in which such deduction was allowed (and for any taxable year to which such deduction is carried) and reduce (but not below zero) the amount of such deduction by the amount of such reimbursement. (2) Time of filing amended return Paragraph (1) shall apply with respect to any grant only if any amended income tax returns with respect to such grant are filed not later than the later of— (A) the due date for filing the tax return for the taxable year in which the taxpayer receives such grant, or (B) the date which is 1 year after the date of the enactment of this Act. (3) Waiver of penalties and interest Any underpayment of tax resulting from the reduction under paragraph (1) of the amount otherwise allowable as a deduction shall not be subject to any penalty or interest under such Code if such tax is paid not later than 1 year after the filing of the amended return to which such reduction relates. 104. Net operating losses attributable to disasters in 2012 and 2013 (a) In general Subclause (I) of section 172(j)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2010 during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2014 (b) Effective date The amendments made by this section shall apply to losses arising in taxable years beginning after December 31, 2011, in connection with disasters declared after such date. 105. Waiver of certain mortgage revenue bond requirements following 2012 and 2013 disasters (a) In general Section 143(k) (1) by redesignating paragraph (12), as added by section 709(a) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, as paragraph (13), and (2) by striking before January 1, 2010 during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2014 (b) Effective date The amendments made by this section shall apply to disasters occurring after December 31, 2011. 106. Increased expensing and bonus depreciation for qualified disaster assistance property following 2012 and 2013 disasters (a) In general Subclause (I) of section 168(n)(2)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2010 during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2014 (b) Removal of exclusion Section 168(n)(2)(B)(i) of such Code is amended by inserting and , and (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2011, with respect to disasters declared after such date. 107. Increase in new markets tax credit for investments in community development entities serving 2012 and 2013 disaster areas (a) In general Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Increased special allocation for community development entities serving 2012 and 2013 disaster areas (A) In general In the case of each calendar year which begins after 2012 and before 2016, the new markets tax credit limitation shall be increased by an amount equal to $500,000,000, to be allocated among qualified community development entities to make qualified low-income community investments within any 2012 or 2013 federally declared disaster area. (B) Allocation of increase The amount of the increase in limitation under subparagraph (A) shall be allocated by the Secretary under paragraph (2) to qualified community development entities and shall give priority to such entities with a record of having successfully provided capital or technical assistance to businesses or communities within any 2011 or 2012 federally declared disaster area or areas for which the allocation is requested. (C) Application of carryforward Paragraph (3) shall be applied separately with respect to the amount of any increase under subparagraph (A). (D) 2012 or 2013 federally declared disaster area For purposes of this paragraph, the term 2012 or 2013 federally declared disaster area federally declared disaster disaster area . (b) Effective date The amendments made by this section shall apply to calendar years beginning after 2012. 108. Special rules for use of retirement funds in connection with federally declared disasters in 2012 or 2013 (a) Tax-Favored withdrawals from retirement plans (1) In general Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (H) Distributions from retirement plans in connection with federally declared disasters during 2012 and 2013 Any qualified 2012 or 2013 disaster recovery distribution. . (2) Qualified disaster recovery distribution Section 72(t) of such Code is amended by adding at the end the following new paragraph: (11) Qualified 2012 or 2013 disaster recovery distribution For purposes of paragraph (2)(H)— (A) In general Except as provided in subparagraph (B), the term qualified disaster recovery distribution (B) Dollar limitation (i) In general For purposes of this subsection, the aggregate amount of distributions received by an individual with respect to any federally declared disaster occurring during 2012 or 2013 shall not exceed $100,000. (ii) Treatment of plan distributions If a distribution to an individual would (without regard to clause (i)) be a qualified 2012 or 2013 disaster recovery distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified 2012 or 2013 disaster recovery distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual with respect to any federally declared disaster occurring during 2012 or 2013 exceeds $100,000. (iii) Controlled group For purposes of clause (ii), the term controlled group (C) Amount distributed may be repaid (i) In general Any individual who receives a qualified 2012 or 2013 disaster recovery distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (ii) Treatment of repayments of distributions from eligible retirement plans other than iras For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified 2012 or 2013 disaster recovery distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified 2012 or 2013 disaster recovery distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (iii) Treatment of repayments for distributions from iras For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified 2012 or 2013 disaster recovery distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified 2012 or 2013 disaster recovery distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (D) Income inclusion spread over 3-year period (i) In general In the case of any qualified 2012 or 2013 disaster recovery distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable-year period beginning with such taxable year. (ii) Special rule For purposes of clause (i), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. (E) Other definitions (i) Federally declared disaster; disaster area The terms federally declared disaster disaster area (ii) Applicable disaster date The term applicable disaster date (iii) Eligible retirement plan The term eligible retirement plan (F) Special rules (i) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405, qualified 2012 or 2013 disaster recovery distributions shall not be treated as eligible rollover distributions. (ii) Qualified 2012 or 2013 disaster recovery distributions treated as meeting plan distribution requirements For purposes of this title, a qualified 2012 or 2013 disaster recovery distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A). . (3) Effective date The amendments made by this subsection shall apply to distributions with respect to disaster declared after December 31, 2011. (b) Loans from qualified plans (1) In general Subsection (p) of section 72 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Increase in limit on loans not treated as distributions with respect to 2012 and 2013 disasters (A) In general In the case of any loan from a qualified employer plan to a qualified individual made during the applicable period— (i) clause (i) of paragraph (2)(A) shall be applied by substituting $100,000 $50,000 (ii) clause (ii) of such paragraph shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan (B) Delay of repayment In the case of a qualified individual with an outstanding loan on or after the applicable disaster date from a qualified employer plan— (i) if the due date pursuant to subparagraph (B) or (C) of paragraph (2) for any repayment with respect to such loan occurs during the period beginning on the applicable disaster date and ending on December 31, 2013, such due date shall be delayed for 1 year, (ii) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under clause (i) and any interest accruing during such delay, and (iii) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of paragraph (2), the period described in clause (i) shall be disregarded. (C) Definitions For purposes of this paragraph— (i) Qualified individual The term qualified individual (ii) Applicable period The applicable period is the period beginning on the applicable disaster date and ending on December 31, 2013. (iii) Federally declared disaster; disaster area The terms federally declared disaster disaster area (iv) Applicable disaster date The term applicable disaster date . (2) Effective date The amendment made by this subsection shall apply to loans made with respect to disaster declared after December 31, 2011. (c) Provisions relating to plan amendments (1) In general If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies (A) In general This subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any provision of, or amendment made by, this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of, or amendment made by, this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2014, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d)), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions This subsection shall not apply to any amendment unless— (i) during the period— (I) beginning on the date that the provisions of, and amendments made by, this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by the provisions of, or amendments made by, this section or such regulation, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period. 109. Additional exemption for housing qualified disaster displaced individuals (a) In general Section 151 (g) Additional exemption for certain disaster-Displaced individuals (1) In general In the case of any taxable year beginning in 2012 or 2013, there shall be allowed an exemption of $500 for each qualified disaster-displaced individual with respect to the taxpayer for the taxable year. (2) Limitations (A) Dollar limitation The exemption under paragraph (1) shall not exceed $2,000, reduced by the amount of the exemption under this subsection for all prior taxable years. (B) Individuals taken into account only once An individual shall not be taken into account under paragraph (1) if such individual was taken into account under this subsection by the taxpayer for any prior taxable year. (C) Identifying information required An individual shall not be taken into account under paragraph (1) for a taxable year unless the taxpayer identification number of such individual is included on the return of the taxpayer for such taxable year. (3) Qualified disaster-displaced individual (A) In general For purposes of this subsection, the term qualified disaster-displaced individual (B) Qualified individual The term qualified individual (i) who on the date of a federally declared disaster occurring during 2012 or 2013 maintained such individual's principal place of abode in the disaster area declared with respect to such disaster, and (ii) was displaced from such principal place of abode by reason of the federally declared disaster. For purposes of the preceding sentence, the terms federally declared disaster disaster area (4) Compensation for housing No deduction shall be allowed under this subsection if the taxpayer receives any rent or other amount (from any source) in connection with the providing of such housing. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2011. 110. Exclusions of certain cancellations of indebtedness by reason of 2012 or 2013 disasters (a) In general Section 108 (j) Discharge of indebtedness for individuals affected by 2012 and 2013 disasters (1) In general Except as provided in paragraph (2), gross income shall not include any amount which (but for this subsection) would be includible in gross income by reason of any discharge (in whole or in part) of indebtedness of a natural person described in paragraph (3) by an applicable entity (as defined in section 6050P(c)(1)) during the applicable period. (2) Exceptions for business indebtedness Paragraph (1) shall not apply to any indebtedness incurred in connection with a trade or business. (3) Persons described A natural person is described in this paragraph if the principal place of abode of such person on the applicable disaster date was located in the disaster area with respect to any federally declared disaster occurring during 2012 or 2013. (4) Applicable period For purposes of this subsection, the term applicable period (5) Other definitions For purposes of this subsection— (A) Federally declared disaster; disaster area The terms federally declared disaster disaster area (B) Applicable disaster date The term applicable disaster date . (b) Effective date This section shall apply to discharges made on or after December 31, 2011. 111. Special rule for determining earned income of individuals affected by federally declared disasters (a) In general Section 32 (n) Special rule for determining earned income of taxpayers affected by federally declared disasters (1) In general In the case of a qualified individual with respect to any federally declared disaster occurring during 2012 or 2013, if the earned income of the taxpayer for the taxable year which includes the applicable disaster date is less than the earned income of the taxpayer for the preceding taxable year, the credit allowed under this section and section 24(d) may, at the election of the taxpayer, be determined by substituting— (A) such earned income for the preceding taxable year, for (B) such earned income for the taxable year which includes the applicable date. (2) Qualified individual For purposes of this subsection, the term qualified individual (A) in any portion of a disaster area determined by the President to warrant individual or individual and public assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the federally declared disaster, or (B) in any portion of the disaster area not described in subparagraph (A) and such individual was displaced from such principal place of abode by reason of the federally declared disaster. (3) Other definitions For purposes of this paragraph— (A) Federally declared disaster; disaster area The terms federally declared disaster disaster area (B) Applicable disaster date The term applicable disaster date (4) Special rules (A) Application to joint returns For purposes of paragraph (1), in the case of a joint return for a taxable year which includes the disaster date— (i) such paragraph shall apply if either spouse is a qualified individual, and (ii) the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year. (B) Uniform application of election Any election made under paragraph (1) shall apply with respect to both sections 24(d) and this section. (C) Errors treated as mathematical error For purposes of section 6213, an incorrect use on a return of earned income pursuant to paragraph (1) shall be treated as a mathematical or clerical error. (D) No effect on determination of gross income, etc Except as otherwise provided in this subsection, this title shall be applied without regard to any substitution under paragraph (1). . (b) Child tax credit Section 24(d) (5) Special rule for determining earned income of taxpayers affected by federally declared disasters For election by qualified individuals with respect to certain federally declared disasters to substitute earned income from the preceding taxable year, see section 32(n). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2011. 112. Increase in rehabilitation credit for buildings in 2012 and 2013 disaster areas (a) In general Section 47 (e) Special rule for expenditures made in connection with certain disasters (1) In general In the case of qualified rehabilitation expenditures paid or incurred during the applicable period with respect to any qualified rehabilitated building or certified historic structure located in a disaster area with respect to any federally declared disaster occurring in 2012 or 2013, subsection (a) shall be applied— (A) by substituting 13 percent 10 percent (B) by substituting 26 percent 20 percent (2) Definitions For purposes of this subsection— (A) Federally declared disaster; disaster area The terms federally declared disaster disaster area (B) Applicable period The term applicable period (C) Applicable disaster date The term applicable disaster date . (b) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2011. 113. Advanced refundings of certain tax-exempt bonds (a) In general Section 149(d) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: (7) Special rule with respect to certain natural disasters (A) In general With respect to a bond described in subparagraph (C), one additional advance refunding after the date of the enactment of this paragraph and before January 1, 2017, shall be allowed under the rules of this subsection if— (i) the Governor of the State designates the advance refunding bond for purposes of this subsection, and (ii) the requirements of subparagraph (E) are met. (B) Certain private activity bonds With respect to a bond described in subparagraph (C) which is an exempt facility bond described in paragraph (1) or (2) of section 142(a), one advance refunding after the date of the enactment of this paragraph and before January 1, 2017, shall be allowed under the applicable rules of this subsection (notwithstanding paragraph (2) thereof) if the requirements of clauses (i) and (ii) of subparagraph (A) are met. (C) Bonds described A bond is described in this paragraph if, with respect to any federally declared disaster, such bond— (i) was outstanding on the applicable disaster date, and (ii) is issued by an applicable State or a political subdivision thereof. (D) Aggregate limit The maximum aggregate face amount of bonds which may be designated under this subsection by the Governor of a State shall not exceed $4,500,000,000. (E) Additional requirements The requirements of this subparagraph are met with respect to any advance refunding of a bond described in subparagraph (C) if— (i) no advance refundings of such bond would be allowed under this title on or after the applicable disaster date, (ii) the advance refunding bond is the only other outstanding bond with respect to the refunded bond, and (iii) the requirements of section 148 are met with respect to all bonds issued under this paragraph. (F) Definitions For purposes of this subsection— (i) Federally declared disaster; disaster area The terms federally declared disaster disaster area (ii) Applicable disaster date The term applicable disaster date (iii) Applicable State The term applicable State . 114. Qualified disaster area recovery bonds (a) In general Subpart A of part IV of subchapter B of chapter 1 146A. Qualified disaster area recovery bonds (a) In general For purposes of this title, any qualified disaster area recovery bond shall— (1) be treated as an exempt facility bond, and (2) not be subject to section 146. (b) Qualified disaster area recovery bond For purposes of this section, the term qualified disaster area recovery bond (1) 95 percent or more of the net proceeds of such issue are to be used for qualified project costs, (2) such bond is issued by a State or any political subdivision thereof any part of which is in a qualified disaster area, (3) the Governor of the issuing State designates such bond for purposes of this section, and (4) such bond is issued after the date of the enactment of this section and before January 1, 2016. (c) Limitation on amount of bonds (1) In general The maximum aggregate face amount of bonds which may be designated under this section by any State shall not exceed $10,000,000,000. (2) Movable property No bonds shall be issued which are to be used for movable fixtures and equipment. (3) Treatment of current refunding bonds Paragraph (1) shall not apply to any bond (or series of bonds) issued to refund a qualified disaster area recovery bond, if— (A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (C) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of the issuance of the refunding bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A). (d) Qualified project costs For purposes of this section, the term qualified project costs (1) residential rental property (as defined in section 142(d)), (2) nonresidential real property (including fixed improvements associated with such property), (3) a facility described in paragraph (2) or (3) of section 142(a), or (4) public utility property (as defined in section 168(i)(10)), which is located in a qualified disaster area and was damaged or destroyed by reason of the a federally declared disaster. (e) Special rules In applying this title to any qualified disaster area recovery bond, the following modifications shall apply: (1) Section 147(d) (relating to acquisition of existing property not permitted) shall be applied by substituting 50 percent 15 percent (2) Section 148(f)(4)(C) (relating to exception from rebate for certain proceeds to be used to finance construction expenditures) shall apply to the available construction proceeds of bonds issued under this section. For purposes of the preceding sentence, the following spending requirements shall apply in lieu of the requirements in clause (ii) of such section: (A) 40 percent of such available construction proceeds are spent for the governmental purposes of the issue within the 2-year period beginning on the date the bonds are issued, (B) 60 percent of such proceeds are spent for such purposes within the 3-year period beginning on such date, (C) 80 percent of such proceeds are spent for such purposes within the 4-year period beginning on such date, and (D) 100 percent of such proceeds are spent for such purposes within the 5-year period beginning on such date. (3) Repayments of principal on financing provided by the issue— (A) may not be used to provide financing, and (B) must be used not later than the close of the 1st semiannual period beginning after the date of the repayment to redeem bonds which are part of such issue. The requirement of subparagraph (B) shall be treated as met with respect to amounts received within 5 years after the date of issuance of the issue (or, in the case of a refunding bond, the date of issuance of the original bond) if such amounts are used by the close of such 5 years to redeem bonds which are part of such issue. (4) Section 57(a)(5) shall not apply. (f) Separate issue treatment of portions of an issue This section shall not apply to the portion of an issue which (if issued as a separate issue) would be treated as a qualified bond or as a bond that is not a private activity bond (determined without regard to paragraph (1)), if the issuer elects to so treat such portion. (g) Qualified disaster area; federally declared disaster (1) Qualified disaster area The term qualified disaster area (2) Federally declared disaster The term federally declared disaster . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 146 the following new item: Sec. 146A. Qualified disaster area recovery bonds. . (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. 115. Additional low-income housing credit allocations (a) In general Paragraph (3) of section 42(h) (J) Increase in State housing credit for States damaged by natural disasters (i) In general In the case of calendar year 2014, the State housing credit ceiling of each State any portion of which includes any portion of a qualifying disaster area shall be increased by so much of the aggregate housing credit dollar amount as does not exceed the applicable limitation allocated by the State housing credit agency of such State for such calendar year to buildings located in qualifying disaster areas. (ii) Applicable limitation For purposes of clause (i), the applicable limitation is the greater of— (I) $8 multiplied by the population of the qualifying disaster areas in such State, or (II) 50 percent of the State housing credit ceiling (determined without regard to this subparagraph) for 2013. (iii) Applicable percentage For purposes of this section, the applicable percentage with respect to any building to which amounts allocated under clause (i) shall be determined under subsection (b)(2), except that subparagraph (A) thereof shall be applied by substituting January 1, 2015 January 1, 2014 (iv) Allocations treated as made first from additional allocation amount for purposes of determining carryover For purposes of determining the unused State housing credit ceiling under subparagraph (C) for any calendar year, any increase in the State housing credit ceiling under clause (i) shall be treated as an amount described in clause (ii) of such subparagraph. (v) Qualifying disaster area For purposes of this subparagraph, the term qualifying federally declared disaster area (I) each county which is determined to warrant individual or individual and public assistance from the Federal Government under a qualifying natural disaster declaration described in clause (vi)(I), and (II) each county not described in subclause (I) which is included in the geographical area covered by a qualifying natural disaster declaration described in subclause (II) or (III) of clause (vi). (vi) Qualifying natural disaster declaration For purposes of clause (v), the term qualifying natural disaster declaration (I) a federally declared disaster (as defined in section 165(h)(3)(C)) occurring during the period beginning after December 31, 2011, and before January 1, 2014, (II) a natural disaster declared by the Secretary of Agriculture in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)), or (III) a major disaster or emergency designated by the President in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 116. Facilitation of transfer of water leasing and water by mutual ditch or irrigation companies in disaster areas (a) In general Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Treatment of mutual ditch or irrigation companies in certain disaster areas (i) In general In the case of a qualified mutual ditch or irrigation company or like organization, subparagraph (A) shall be applied without taking into account any income received or accrued during the applicable period— (I) from the sale, lease, or exchange of fee or other interests in real property, including interests in water, (II) from the sale or exchange of stock in a mutual ditch or irrigation company or like organization or contract rights for the delivery or use of water, (III) from the investment of proceeds from sales, leases, or exchanges under subclauses (I) and (II), or (IV) from the United States, or a State or local government, resulting from the federally declared disaster. except that any income received under subclause (I), (II), (III), or (IV) which is distributed or expended for expenses (other than for operations, maintenance, and capital improvements) of the qualified mutual ditch or irrigation company or like organization shall be treated as nonmember income in the year in which it is distributed or expended. (ii) Qualified mutual ditch or irrigation company or like organization For purposes of this paragraph— (I) In general The term qualified mutual ditch or irrigation company or like organization (II) Qualified asset The term qualified asset (III) Multiple areas Under regulations, if the qualified assets of any mutual ditch or irrigation company or like organization are located in more than 1 qualified disaster area, all such areas shall be treated as 1 area and if more than 1 federally declared disaster is involved, the date on which the last of such disasters occurred shall be the date used for purposes of this paragraph. (iii) Applicable period For purposes of this paragraph, the term applicable period (iv) Other definitions (I) Qualified disaster area The term qualified disaster area (II) Federally declared disaster The term federally declared disaster . (b) Effective date The amendment made by subsection (a) shall apply to taxable years ending after December 31, 2011. II Other disaster tax relief provisions 201. Exclusion for disaster mitigation payments received from State and local governments (a) In general Paragraph (2) of section 139(g) , or any other amount which is paid by a State or local government or agency or instrumentality thereof, (as in effect on such date) (b) Effective date The amendment made by this section shall apply to payments received after the date of the enactment of this Act. 202. Natural disaster funds (a) Natural disaster fund Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following new section: 468C. Special rules for natural disaster funds (a) In general If a qualified taxpayer elects the application of this section, there shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a natural disaster fund during such taxable year. (b) Natural disaster fund The term natural disaster fund (1) Designation The taxpayer designates— (A) the fund as a natural disaster fund in the manner prescribed by the Secretary, and (B) the line or lines of business to which the fund applies. (2) Segregation The assets of the fund are segregated from other assets of the taxpayer. (3) Investments (A) The assets of the fund are maintained in one or more qualified accounts and are invested only in— (i) deposits with banks whose deposits are insured subject to applicable limits by the Federal Deposit Insurance Corporation, or (ii) in stock or other securities in which the fund would be permitted to invest if it were a capital construction fund subject to the investment limitations of paragraphs (2) and (3) of section 7518(b)(2). (B) All investment earnings (including gains and losses) from investments of the fund become part of the fund. (4) Contributions to the fund The fund does not accept any deposits (or other amounts) other than cash payments with respect to which a deduction is allowable under subsection (a) and earnings (including gains and losses) from fund investments. (5) Purpose The fund is established and maintained for the purposes of covering costs, expenses, and losses (including business interruption losses) resulting from a Federally declared natural disaster to the extent such costs are not covered by insurance. (6) Maximum balance The balance of the fund does not exceed the lesser of— (A) the sum of— (i) 150 percent of the maximum deductible, and (ii) 100 percent of the maximum co-insurance (to the extent not taken into account in clause (i)), that, in the case of a Federally declared natural disaster resulting in losses, the taxpayer could be expected to pay with respect to property and business interruption insurance maintained by the taxpayer for the line of business to which the fund applies and that would cover losses resulting from a Federally declared natural disaster, and (B) the maximum loss under any insurance coverage that the taxpayer could reasonably expect to occur for the line of business in the case of a severe natural disaster. (7) Financial statements The fund or the balance of the fund is recorded in the taxpayer’s financial statements in accordance with generally accepted accounting principles and not as a current asset and the footnotes to the taxpayer’s financial statements include a short description of the fund and its purposes. (8) Insurance The taxpayer property insurance maintained by the qualified taxpayer applies to 75 percent or more of the property used— (A) in the qualified taxpayer’s line of business to which the fund relates, and (B) in the United States. (c) Qualified taxpayer For purposes of this section, the term qualified taxpayer (1) actively conducts a trade or business, and (2) maintains property insurance with respect to such trade or business that insures against losses in natural disasters. (d) Failure To meet requirements If a fund that was a natural disaster fund ceases to meet any of the requirements of subsection (b) or a taxpayer who has a natural disaster fund ceases to meet the requirement of subsection (c), the entire balance of the fund shall be deemed distributed in a nonqualified distribution at the time the fund ceases to meet such requirements. (e) Taxation of fund (1) In general The earnings (including gains and losses) from the investment and reinvestment of amounts held in the fund shall not be taken into account in determining the gross income of the taxpayer that owns the fund. (2) Not a separate taxpayer A natural disaster fund shall not be considered a separate taxpayer for purposes of this subtitle. (f) Taxation of distributions from the fund (1) Qualified distributions For purposes of this chapter, qualified distributions shall be treated in the same manner as proceeds from property or business interruption insurance. (2) Nonqualified distributions (A) In general In the case of any taxable year for which there is a nonqualified distribution— (i) such nonqualified distributions shall be excluded from the gross income of the taxpayer, and (ii) the tax imposed by this chapter (determined without regard to this subsection) shall be increased by the product of the amount of such nonqualified distribution and the highest rate of tax specified in section 1 (section 11 in the case of a corporation). (B) Tax benefit rule; coordination with deduction for net operating losses Rules similar to the rules of subparagraphs (B) and (C) of section 7518(g)(6) shall apply for purposes of this paragraph. (3) Additional tax The tax imposed by this chapter for any taxable year on any taxpayer that a owns natural disaster fund shall be increased by the greater of— (A) 20 percent of the amount of any non-qualified distributions from the fund in the taxable year, and (B) an amount equal to interest, at the underpayment rate established under section 6621, on the nonqualified distribution from the time the amount is added to the fund to the time the amount is distributed. (4) Interest calculation For purposes of calculating interest under paragraph (3)(B)— (A) all investment earnings (including gains or losses) in taxable year shall be treated as added to the fund on the last day of the taxable year, and (B) amounts distributed from the fund shall be treated as distributed on a first-in, first-out basis. (g) Definitions For purposes of this section— (1) Federally declared natural disaster The term Federally declared natural disaster (2) Nonqualified distribution The term nonqualified distribution (3) Qualified account The term qualified account (4) Qualified distribution (A) In general The term qualified distribution (i) costs, expenses, and losses (including losses of a type reimbursable by proceeds of business interruption insurance) incurred by the taxpayer as a result of the Federally declared natural disaster with respect to the line or lines of business for which the fund was designated, over (ii) the proceeds of property and business interruption insurance paid for the benefit of the taxpayer with respect to costs, expenses, and losses described in clause (i). (B) Limitation A distribution from a natural disaster fund shall not be treated as a qualified distribution if such distribution is allocated to a Federally declared natural disaster occurring more than 3 years before the date of such distribution. (h) Special rules For purposes of this section— (1) No double counting Any portion of any deductible or coinsurance taken into account under subsection (b)(6) in determining the maximum balance for a natural disaster fund shall not be taken into account in determining the maximum balance for another natural disaster fund. (2) Excess balance (A) In general If the balance of a natural disaster fund exceeds the maximum balance permitted by subsection (b)(6) by reason of investment earnings or a reduction in the maximum balance, the account shall not cease to be a natural disaster fund as the result of exceeding such limit if the excess is distributed within 120 days of the date that such excess first occurred. (B) Treatment of distributions of excess balance In the case of any distribution of the excess balance of a natural disaster fund within 120 days of the date that such excess first occurred— (i) paragraphs (2) and (3) of subsection (f) shall not apply to the distribution of such excess if distributed within such period, and (ii) the amount of such distribution shall be included in the gross income of the taxpayer in the year such distribution was made. (C) Anti-abuse rule Subparagraph (B) shall not apply in the case of any reduction in the maximum balance resulting from any action of the taxpayer the primary purpose of which was to reduce the maximum balance to enable a distribution that would not be subject to the maximum tax rate calculation or the additional tax. (3) Certain asset acquisitions The transfer of a natural disaster fund (or the portion of a natural disaster fund) from one person to another person shall not constitute a nonqualified distribution if— (A) such transfer is part of a transaction— (i) to which section 381 applies, (ii) the transferee acquires substantially all of the assets of the transferor used in the line or lines of business for which the fund was designated, (iii) the transferee acquires substantially all of the assets of the transferor used in one, but not all, of the lines of business for which the fund was designated, or (iv) the transferee acquires substantially all of the transferor’s assets located in a geographical area and used in a line of business for which the fund was designated, and (B) the transferee elects to treat the acquired natural disaster fund (or portion thereof) as a natural disaster fund for the line of business for which the transferor had previously designated the fund and as a continuation of the fund (or pro rata portion thereof) for purposes of determining the additional tax imposed by subsection (f)(4). (i) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the provisions of this section. . (b) Clerical amendment The table of sections for subpart C of part II of subchapter E of chapter 1 Sec. 468C. Special rules for natural disaster funds. . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

National Disaster Tax Relief Act of 2014

Democracy Restoration Act of 2014 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility. Provides for enforcement of, and remedies for violations of, this Act. Prohibits this Act from being construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act. Declares that the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993. Sets forth requirements for state and federal notification of individuals of the restoration of their voting rights. Prohibits any state, local government, or other person from receiving or using any federal funds to construct or improve a place of incarceration unless that person has in effect a program to notify each U.S. citizen incarcerated in that person's jurisdiction, upon release from such incarceration, of that individual's rights under this Act.

113 S2235 IS: Democracy Restoration Act of 2014 U.S. Senate 2014-04-10 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. 2235 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Cardin Mr. Leahy Mr. Durbin Mr. Whitehouse Mr. Booker Mr. Harkin Mr. Sanders Mrs. Gillibrand Committee on the Judiciary A BILL To secure the Federal voting rights of persons when released from incarceration. 1. Short title This Act may be cited as the Democracy Restoration Act of 2014 2. Findings Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas where discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections— (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) Two States do not disenfranchise individuals with criminal convictions at all (Maine and Vermont), but 48 States and the District of Columbia have laws that deny convicted individuals the right to vote while they are in prison. (6) In some States disenfranchisement results from varying State laws that restrict voting while individuals are under the supervision of the criminal justice system or after they have completed a criminal sentence. In 35 States, convicted individuals may not vote while they are on parole and 31 of those States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (7) Several States deny the right to vote to individuals convicted of certain misdemeanors. (8) An estimated 5,850,000 citizens of the United States, or about 1 in 40 adults in the United States, currently cannot vote as a result of a felony conviction. Of the 5,850,000 citizens barred from voting, only 25 percent are in prison. By contrast, 75 percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences. Approximately 2,600,000 citizens who have completed their sentences remain disenfranchised due to restrictive State laws. In 6 States—Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia—more than 7 percent of the total population is disenfranchised. (9) In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. Eight percent of the African-American population, or 2,000,000 African-Americans, are disenfranchised. Given current rates of incarceration, approximately 1 in 3 of the next generation of African-American men will be disenfranchised at some point during their lifetime. Currently, 1 of every 13 African-Americans are rendered unable to vote because of felony disenfranchisement, which is a rate 4 times greater than non African-Americans. 7.7 percent of African-Americans are disenfranchised whereas only 1.8 percent of non African-Americans are. In 3 States—Florida (23 percent), Kentucky (22 percent), and Virginia (20 percent)—more than 1 in 5 African-Americans are unable to vote because of prior convictions. (11) Latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. If current incarceration trends hold, 17 percent of Latino men will be incarcerated during their lifetimes, in contrast to less than 6 percent of non-Latino White men. When analyzing the data across 10 States, Latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population. In 6 out of 10 States studied in 2003, Latinos constitute more than 10 percent of the total number of persons disenfranchised by State felony laws. In 4 States (California, 37 percent; New York, 34 percent; Texas, 30 percent; and Arizona, 27 percent), Latinos were disenfranchised by a rate of more than 25 percent. (12) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (14) The United States is the only Western democracy that permits the permanent denial of voting rights for individuals with felony convictions. 3. Rights of citizens The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. 4. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private right of action (1) In general A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 5. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2014 (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2014 (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. 6. Definitions For purposes of this Act: (1) Correctional institution or facility The term correctional institution or facility (2) Election The term election (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office (4) Probation The term probation (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 7. Relation to other laws (a) State laws relating to voting rights Nothing in this Act shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. 8. Federal prison funds No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 3. 9. Effective date This Act shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act.

Democracy Restoration Act of 2014

Strategies to Address Antimicrobial Resistance Act - Amends the Public Health Service Act to reauthorize through FY2019 and revise a program to combat antimicrobial resistance. Requires the Secretary of Health and Human Services (HHS) to direct the Assistant Secretary of Health to establish the Antimicrobial Resistance Office. Requires the Secretary to establish the Public Health Antimicrobial Advisory Board to advise the Director of the Office (Director). Requires the Director to update the Public Health Action Plan to Combat Antimicrobial Resistance within one year. Requires the Antimicrobial Resistance Task Force to review, discuss, and further develop the Action Plan. Authorizes the Food and Drug Administration (FDA) to consult with the Director of the Antimicrobial Resistance Office concerning the pending application of any new human or animal antimicrobial drugs. Requires the Public Health Antimicrobial Advisory Board to make recommendations to the Secretary and the Antimicrobial Resistance Office regarding issues such as research priorities and implementation of the Action Plan. Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), to develop an antimicrobial resistance strategic research plan. Gives the Director of the Antimicrobial Resistance Office direct authority over specified antimicrobial resistance activities of the Secretary. Revises demonstration programs to require the Secretary to award grants to promote the uptake and measurement of antimicrobial stewardship programs in health care facilities. Defines "antimicrobial stewardship" to mean coordinated interventions designed to improve and measure the appropriate use of antimicrobial agents. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) pilot and test health care quality measures to help providers, facilities, and health systems measure and benchmark appropriate antimicrobial use; (2) develop methods to help providers, facilities, and health systems measure and improve antimicrobial use; (3) establish at least 10 Antimicrobial Resistance Surveillance and Laboratory Network sites; (4) work with state health departments to support regional prevention collaboratives designed to interrupt and prevent the transmission of significant antibiotic resistant pathogens being transmitted across health care settings in a geographic region. Requires the Secretary, acting through the Director of the National Institute of Allergy and Infectious Diseases, to establish a Clinical Trials Network on Antibacterial Resistance and a Leadership Group for the Network. Requires the Director of the CDC to: (1) work with various entities to obtain reliable and comparable human antimicrobial drug consumption data by state or metropolitan area, (2) intensify and expand efforts to collect antimicrobial resistance data, (3) report on key trends and major issues related to antimicrobial resistance and use in the United States. Requires the National Coordinator for Health Information Technology to work with the Director of the CDC to determine how best antimicrobial use, susceptibility, and resistance data can be incorporated into meaningful use reports.

113 S2236 IS: Strategies to Address Antimicrobial Resistance Act U.S. Senate 2014-04-10 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. 2236 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to enhance efforts to address antimicrobial resistance, and for other purposes. 1. Short title This Act may be cited as the Strategies to Address Antimicrobial Resistance Act 2. Findings The Congress finds as follows: (1) The advent of the antibiotic era has saved millions of lives and allowed for incredible medical progress; however, the increased use and overuse of antimicrobial drugs have correlated with increased rates of antimicrobial resistance. (2) Through mutation as well as other mechanisms, bacteria and other infectious disease-causing organisms—viruses, fungi, and parasites—develop resistance to antimicrobial drugs over time. The more antimicrobial drugs are used, whether appropriately or inappropriately, the more this contributes to the development of antimicrobial resistance. (3) Scientific evidence suggests that the development of antimicrobial resistance in humans is not due only to use of antimicrobial drugs in humans, but also may be caused by the use of antimicrobial drugs in food-producing animals. (4) A study estimates that in 2005 more than 94,000 invasive methicillin-resistant Staphylococcus aureus (MRSA) bacterial infections occurred in the United States and more than 18,500 of these infections resulted in death—7 times more than a decade earlier. (5) The 2009 Influenza A: H1N1 virus outbreak, and the yearly seasonal influenza outbreaks, exacerbate concerns about antiviral resistance given that so few antivirals are available to treat influenza as well as secondary bacterial infections due to MRSA, antibiotic-resistant Streptococcus pneumonia, and other bacteria that cause respiratory diseases. Given that, during the 1918 influenza pandemic, many thousands of deaths were caused by complications due to secondary bacterial infections and not by the influenza virus itself. (6) Each year, nearly 2,000,000 people contract bacterial infections in hospitals and approximately 90,000 of these people die from these infections. Many of these infections are resistant to one or more commonly used antibiotics. (7) A 2012 study conducted at Columbia University ( Clinical Infectious Disease (8) The costs of antimicrobial-resistant infections in terms of lives lost and the economy will only rise as antimicrobial resistance continues to spread. 3. Antimicrobial resistance task force Section 319E of the Public Health Service Act ( 42 U.S.C. 247d–5 (1) in subsection (a)— (A) in the subsection heading, by striking Task Force Antimicrobial Resistance Office, Task Force, and Advisory Board (B) in paragraph (1)— (i) by striking as of the date of the enactment of this section as of September 30, 2006 (ii) by adding at the end the following: The Secretary shall, not later than 1 year after the date of enactment of the Strategies to Address Antimicrobial Resistance Act, direct the Assistant Secretary of Health to establish an Antimicrobial Resistance Office and appoint a director to that Office. The Secretary shall, not later than 1 year after the date of enactment of such Act, establish the Public Health Antimicrobial Advisory Board as an advisory board to the Director of the Antimicrobial Resistance Office. The Director of the Antimicrobial Resistance Office shall serve as the Director of the Antimicrobial Resistance Task Force. To avoid duplication and ensure that Federal resources are used efficiently and effectively, the Director shall work in conjunction with the Federal agencies represented on the Task Force to coordinate all antimicrobial resistance activities undertaken and supported by the Federal Government, including the activities and budgetary allocations of the Office, Task Force, and Public Health Antimicrobial Advisory Board. (C) by amending paragraph (2) to read as follows: (2) Members (A) Members of the antimicrobial resistance task force The task force described in paragraph (1) shall be composed of representatives of such Federal agencies as the Secretary determines necessary, including representation of the following: (i) The Antimicrobial Resistance Office. (ii) The Assistant Secretary for Preparedness and Response. (iii) The Biomedical Advanced Research and Development Authority. (iv) The Centers for Disease Control and Prevention. (v) The Food and Drug Administration. (vi) The National Institutes of Health. (vii) The Agency for Healthcare Research and Quality. (viii) The Centers for Medicare & Medicaid Services. (ix) The Health Resources and Services Administration. (x) The Department of Agriculture. (xi) The Department of Education. (xii) The Department of Defense. (xiii) The Department of Veterans Affairs. (xiv) The Environmental Protection Agency. (xv) The Department of Homeland Security. (xvi) The United States Agency for International Development. (B) Members of the public health antimicrobial advisory board (i) In general The Public Health Antimicrobial Advisory Board shall be composed of 19 voting members, appointed by the Secretary. Such members shall include experts from the medical professions (including hospital and community-based physicians), pharmacy, public health, veterinary, research, and international health communities, as well as one representative from a public interest group. (ii) Terms Each member appointed under clause (i) shall be appointed for a term of 3 years, except that of the 19 members first appointed— (I) 6 shall be appointed for a term of 12 months; and (II) 6 shall be appointed for a term of 2 years. (iii) Chair The Secretary shall appoint a Chair of the Public Health Antimicrobial Advisory Board from among its members to lead and supervise the activities of the Advisory Board. (iv) Disclosure of financial interests Prior to a meeting of the Public Health Antimicrobial Advisory Board, each member of the Advisory Board shall disclose to the Secretary any potential, relevant financial interests as defined under section 208(a) ; (D) in paragraph (3)(B), by striking in consultation with the task force described in paragraph (1) and acting through the Director of the Antimicrobial Resistance Office and the Director of the Centers for Disease Control and Prevention, and in consultation with (E) by amending paragraph (4) to read as follows: (4) Meetings and duties (A) Antimicrobial resistance office duties The Director of the Antimicrobial Resistance Office, working in conjunction with the Federal agencies that are represented on the task force described in paragraph (1), shall issue an update to the Public Health Action Plan to Combat Antimicrobial Resistance within 1 year of the establishment of the Office and annually thereafter. The updates shall include enhanced plans for addressing antimicrobial resistance in the United States and internationally. The Director of the Office shall post on a website these updates as well as summaries of all non-proprietary data the Task Force makes available. The Director of the Antimicrobial Resistance Office shall work in conjunction with the Federal agencies that are represented on the task force described in paragraph (1), and in consultation with the Public Health Antimicrobial Advisory Board, to— (i) establish benchmarks for achieving the goals set forth in the action plan; (ii) assess the ongoing, observed patterns of emergence of antimicrobial resistance, and their impact on clinical outcomes in terms of how patients feel, function, or survive; (iii) assess how antimicrobial products are being used in humans, animals, plants, and the environment and the risks and benefits of those uses in furthering the development of resistance and the implications thereof for patient safety and public health; (iv) establish a priority list of human infectious diseases with the greatest need for development of new point-of-care and other diagnostics, antimicrobial drugs, and vaccines, and in particular serious and life-threatening resistant infections, for which there are few or no diagnostic, treatment, or prevention options; (v) recommend basic, clinical, epidemiological, prevention, and translational research where additional federally supported studies may be beneficial; (vi) recommend how to support antimicrobial development through Food and Drug Administration activities, including through the agency’s Critical Path Initiative and the Reagan-Udall Foundation; (vii) recommend how best to strengthen and link antimicrobial resistance-related surveillance and prevention and control activities; and (viii) collaborate with the Assistant Secretary for Preparedness and Response to ensure that strategies to address antimicrobial-resistance are coordinated with initiatives aimed at pandemic influenza, severe acute respiratory syndrome, and bioterrorism. (B) Antimicrobial resistance task force meetings and duties (i) Meetings The Antimicrobial Resistance Task Force shall convene periodically as the Director of the Antimicrobial Resistance Task Force determines to be appropriate, but not fewer than twice a year, to consider issues relating to antimicrobial resistance. (ii) Public health action plan At least twice a year, the task force described in paragraph (1) shall have a meeting to review, discuss, and further develop the Public Health Action Plan to Combat Antimicrobial Resistance first issued by the interagency task force on antimicrobial resistance in 2001. Among other issues, the task force may discuss and review, based on current need or concern— (I) antimicrobial clinical susceptibility concentrations proposed, established, or updated by the Food and Drug Administration; (II) data obtained by government agencies and, as possible, by private sources on emerging antimicrobial resistance related to clinical outcomes as well as data related to how antimicrobial drugs may have been used inappropriately; (III) surveillance data and prevention and control activities regarding emerging antimicrobial resistance from reliable sources including the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Defense, the Department of Veterans Affairs, the Department of Agriculture, the Environmental Protection Agency, and as feasible from private sources and international bodies; (IV) data on the amount of antimicrobial products used in humans, animals, plants, and the environment from reliable sources, including data from the Centers for Disease Control and Prevention, the Food and Drug Administration, the Environmental Protection Agency, the Department of Veterans Affairs, the Centers for Medicare & Medicaid Services, the Department of Homeland Security, and the Department of Agriculture, and as feasible from private sources and international bodies; (V) the impact of antimicrobial resistance on human health resulting from the approval of antimicrobial drugs for use in humans, animals, or plants (including consideration of and recommendations on potential management plans to limit and reduce the negative impacts of such resistance on human health and consideration of the benefits to animal health and food safety); (VI) reports of federally supported antimicrobial resistance research and antimicrobial drug, related diagnostics, and vaccine development for antimicrobial resistant infections (such as methicillin-resistant Staphylococcus aureus (MRSA)) and other research activities (including clinical, epidemiological, prevention, and trans­la­tion­al research) obtained from Federal agencies, as well as reports of research sponsored by other countries, industry, and non-governmental organizations; (VII) reports on efforts by the Food and Drug Administration to develop policies and guidance which encourage antimicrobial drug, related diagnostics, and vaccine development and appropriate use while maintaining high standards for safety and effectiveness; (VIII) quality measures, which may include health plan employer data and information set (HEDIS) measures, pertaining to appropriate use of antimicrobial drugs; and (IX) other data and issues the task force described in paragraph (1) identifies as relevant to the issue of antimicrobial resistance. (iii) Pending applications The Food and Drug Administration may consult with the Director of the Antimicrobial Resistance Office concerning the pending application of any antimicrobial drug application submitted to the Secretary under section 505 or 512 of the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act. (C) Public health antimicrobial advisory board meetings and duties (i) Meetings The Public Health Antimicrobial Advisory Board shall meet as the Chair of the Public Health Antimicrobial Advisory Board determines to be appropriate, preferably in conjunction with meetings of the Antimicrobial Resistance Task Force, but not fewer than 2 times each year. (ii) Recommendations The Public Health Antimicrobial Advisory Board shall make recommendations to the Secretary, and the Antimicrobial Resistance Office, regarding— (I) ways to encourage the availability of an adequate supply of safe and effective antimicrobial products, related diagnostics, and vaccines; (II) research priorities and other measures (such as antimicrobial drug resistance management plans) to enhance the safety and efficacy of antimicrobial products; (III) how best to implement and update the goals of the Public Health Action Plan to Combat Antimicrobial Resistance; (IV) incentives necessary to establish uniform mechanisms (which could include electronic surveillance systems) and data sets for State and local reporting of resistance; (V) the adequacy of existing United States antimicrobial resistance and use surveillance; (VI) the development of a national plan for the collection and analysis of isolates of resistant pathogens, including establishing priorities as to which isolates should be collected; and (VII) areas for government, nongovernment, and international cooperation to strengthen implementation of the Public Health Action Plan to Combat Antimicrobial Resistance. (D) Availability of information The Antimicrobial Resistance Office shall ensure that all information shall be made available to the public on the website described in subparagraph (A) consistent with section 9 of the Strategies to Address Antimicrobial Resistance Act. ; (2) by amending subsection (b) to read as follows: (b) Antimicrobial resistance strategic research plan The Secretary, acting through the Director of the National Institutes of Health, working in consultation with the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, the Director of the Biomedical Advanced Research and Development Authority, the Director of the Antimicrobial Resistance Office, the Public Health Antimicrobial Advisory Board, and other non-government experts, including representatives from professional societies and the pharmaceutical, vaccine, and medical device industries, and other Federal agencies shall develop a blue-ribbon antimicrobial resistance strategic research plan that strengthens existing epidemiological, interventional, clinical, behavioral, translational, and basic research efforts to advance the understanding of— (1) the development, implementation, and efficacy of interventions to prevent and control the emergence and transmission of antimicrobial resistance; (2) how best to optimize antimicrobial effectiveness while limiting the emergence of resistance, including addressing issues related to duration of therapy, effectiveness of therapy in self-resolving diseases, and determining populations most likely to benefit from antimicrobial drugs; (3) the extent to which specific uses of antimicrobial products in humans, animals, plants, and other uses accelerate development and transmission of antimicrobial resistance; (4) the natural histories of infectious diseases (including defining the disease, diagnosis, severity, and the time course of illness); (5) the development of new therapeutics, including antimicrobial drugs, biologics, and devices against resistant pathogens, and in particular diseases for which few or no therapeutics are in development; (6) the development and testing of medical diagnostics to identify patients with infectious disease and identify the exact cause of infectious diseases syndromes, particularly with respect to the detection of pathogens resistant to antimicrobial drugs; (7) the epidemiology, pathogenesis, mechanisms, and genetics of antimicrobial resistance; and (8) the sequencing of the genomes, or other DNA analysis, or other comparative analysis of priority pathogens (as determined by the Public Health Antimicrobial Advisory Board), in collaboration with the Department of Defense and the Joint Genome Institute of the Department of Energy. ; (3) in subsection (c)— (A) by inserting acting through the Director of the Antimicrobial Resistance Office, The Secretary, (B) by striking members of the task force described in subsection (a), (4) in subsection (d)(1), by inserting , through the Antimicrobial Resistance Office, The Secretary (5) in subsection (e)— (A) by amending the subsection heading to read as follows: Improving Uptake and Measurement of Antimicrobial Stewardship (B) in paragraph (1)— (i) by inserting , acting through the Director of the Antimicrobial Resistance Office, The Secretary (ii) by striking judicious use of antimicrobial drugs or control the spread of antimicrobial-resistant pathogens the uptake and measurement of antimicrobial stewardship programs in the Nation’s health care facilities (C) in paragraph (2), by striking laboratory (D) in paragraph (3), by inserting , acting through the Antimicrobial Resistance Office, The Secretary (E) by adding at the end the following new paragraphs: (4) Definition of antimicrobial stewardship For purposes of this subsection and Act, antimicrobial stewardship (5) Preference in making awards In making awards under paragraph (1), the Secretary shall give preference to eligible entities that will use grant funds to establish demonstration projects that lead to the development of quality measures for health care providers prescribing antimicrobial drugs. ; (6) by redesignating subsections (f) and (g) as subsections (i) and (j), respectively; and (7) by inserting after subsection (e) the following new subsections: (f) Appropriate antimicrobial use The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall take such additional actions as follows: (1) To pilot and test health care quality measures to help providers, facilities, and health systems measure and benchmark appropriate antimicrobial use. As appropriate, the Director shall work with standard setting organizations (such as the National Quality Forum, the Joint Commission, and the National Committee for Quality Assurance) to determine if any such measure is suitable for national quality reporting efforts. (2) To develop methods to help providers, facilities, and health systems measure and improve appropriate antimicrobial use, including methods and tools to assess the change in antimicrobial use, the impact on antibiotic resistance and adverse effects (such as Clostridium difficile infections), and the economic impact and cost savings of antimicrobial stewardship programs. (g) Collection of human antimicrobial consumption and resistance trend data (1) Antimicrobial Use Data The Director of the Centers for Disease Control and Prevention shall work with private vendors, health care organizations, pharmacy benefit managers, and other entities to obtain reliable and comparable human antimicrobial drug consumption data (including volume antimicrobial distribution data and antimicrobial use, including prescription data) by State or metropolitan area. (2) Antimicrobial Resistance Trend Data The Director of the Centers for Disease Control and Prevention shall intensify and expand their efforts to collect antimicrobial resistance data including through the establishment of an Antimicrobial Resistance Surveillance and Laboratory Network, established in section 4 of the Strategies to Address Antimicrobial Resistance Act, and development of a fully automated antimicrobial resistance and use module within the National Healthcare Safety Network. The Director shall seek to collect data from electronic medication administration reports (eMAR) and laboratory systems to produce regular reports on antimicrobial resistance patterns and antimicrobial use. (3) Meaningful Use Reporting The Office of the National Coordinator for Health Information Technology shall work with the Director of the Centers for Disease Control and Prevention to determine how best antimicrobial use, susceptibility, and resistance data can be incorporated into meaningful use reporting. (4) Report Not later than 2 years after the date of the enactment of the Strategies to Address Antimicrobial Resistance Act, and every two years thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate and make available on the agency’s website a report summarizing key trends and major issues related to antimicrobial resistance and use in the United States. Each such report shall include the most relevant and up-to-date data available from the infectious diseases and surveillance programs of the Centers for Disease Control and Prevention. Each such report shall— (A) outline major issues and threats in antimicrobial resistance facing the United States; (B) provide data on the incidence, prevalence, morbidity, mortality, and general societal burden, including economic, of antimicrobial resistant pathogens; (C) provide updates on resistance patterns and antimicrobials use data and potential impacts on human health and patient safety; (D) articulate activities of the Centers for Disease Control and Prevention targeted toward measuring and preventing the spread of drug resistant pathogens; (E) describe any international developments that may impact antimicrobial resistance in the United States; and (F) identify the major gaps that the Nation faces in the areas of antimicrobial resistance surveillance, prevention, use, and antimicrobial stewardship. (h) Ensure access to antimicrobial resistance data and research The Director of the Antimicrobial Resistance Office shall work with the Federal agencies represented on the Antimicrobial Resistance Task Force to identify relevant data and formats, and mechanisms for communicating such data to the Antimicrobial Resistance Office and Antimicrobial Resistance Task Force and, in a manner consistent with section 9 of the Strategies to Address Antimicrobial Resistance Act, with the Public Health Antimicrobial Advisory Board and the public, including relevant data obtained by the agencies through contracts with other organizations, including— (1) use and clinical outcomes data on patients receiving antimicrobial drugs for the treatment, prevention, or diagnosis of infection or infectious diseases; (2) surveillance data regarding emerging antimicrobial drug resistance and existing resistance patterns; (3) susceptibility data related to antimicrobial drug use; (4) data related to the amount of antimicrobial products used in humans, animals, plants, and the environment; (5) data from federally funded research intended to support antimicrobial drug, vaccine, and related diagnostics development; (6) data demonstrating the impact of research, surveillance, and prevention and control initiatives in understanding and controlling antimicrobial resistance; and (7) data regarding implementation and evaluation of interventions to improve antimicrobial drug prescribing practices. . 4. Antimicrobial resistance surveillance and laboratory network (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall establish at least 10 Antimicrobial Resistance Surveillance and Laboratory Network sites, building upon the intramural and extramural programs and laboratories of the Centers for Disease Control and Prevention, to intensify, strengthen, and expand the national capacity to— (1) monitor the emergence and changes in the patterns of antimicrobial resistant pathogens; (2) describe, confirm, and as necessary facilitate a response to local or regional outbreaks of resistant pathogens; (3) assess and describe antimicrobial resistance patterns to inform public health and improve prevention practices; (4) obtain isolates of pathogens, and in particular, pathogens that show new or atypical patterns of resistance adversely affecting public health; (5) study the epidemiology of infections from such pathogens; (6) evaluate commonly used antimicrobial susceptibility testing methods to improve the accuracy of resistance testing and reporting; and (7) as necessary, develop novel diagnostic tests capable of detecting new or emerging resistance in pathogens. (b) Geographic distribution The sites established under subsection (a) shall be geographically distributed across the United States. (c) Nonduplication of current national capacity The sites established under subsection (a) may be based in academic centers, health departments, and existing surveillance and laboratory sites. 5. Clinical trials network on antibacterial resistance (a) In General The Secretary, acting through the Director of the National Institute of Allergy and Infectious Diseases, shall establish a Clinical Trials Network on Antibacterial Resistance to enhance, strengthen, and expand research on clinical science, antibacterial and diagnostic development, and optimal usage strategies, and shall, at a minimum— (1) facilitate research to better understand resistance mechanisms and how to prevent, control, and treat resistant organisms; (2) advance clinical trial efforts to develop antimicrobial therapies, vaccines and diagnostics, and evaluate and optimize their usage; (3) conduct clinical research to develop natural histories of resistant infectious diseases; (4) examine patient outcomes with currently available antimicrobial therapy and validate and improve upon biomarkers and other surrogate end­points; and (5) study shorter treatment duration and early cessation of antimicrobial therapy for treatment efficacy and effect on development of resistance. (b) Leadership Group for a Clinical Research Network on Antibacterial Resistance The Secretary, acting through the Director of the National Institute of Allergy and Infectious Diseases, shall establish a Leadership Group for the Clinical Research Network on Antibacterial Resistance described in subsection (a) to develop and implement a comprehensive clinical research agenda to address antibacterial resistance that takes into consideration the recommendations contained in the Strategic Research Plan on Antimicrobial Resistance developed in accordance with section 319E of the Public Health Service Act. The Leadership Group shall provide support for the following components— (1) scientific leadership and operations; (2) network laboratories; and (3) statistical and data management. (c) Appropriations There are authorized to be appropriated from the existing budget of the National Institute of Allergy and Infectious Diseases, $100,000,000 annually for each of fiscal years 2015 through 2021 to carry out this section. 6. Regional prevention collaboratives The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall work with State health departments to support regional prevention collaboratives designed to interrupt and prevent the transmission of significant antibiotic resistant pathogens being transmitted across health care settings in a geographic region. Such regional prevention collaboratives shall work to— (1) identify significant drug resistant pathogens being transmitted across health care settings locally; (2) implement evidence-based interventions to interrupt and prevent the transmission of such pathogens; and (3) evaluate the impact of such measures on hospital readmissions, transitions of care, rates of health care associated infections, or any other relevant measures that characterize the health or economic impact of the collaboratives. 7. Prevention Epicenters To provide the regional prevention collaboratives established under section 6 with tools, strategies, and evidence-based interventions, the Director of the Centers for Disease Control and Prevention may intensify and expand academic public health partnerships through the work of the Prevention Epicenters Program of the Centers for Disease Control and Prevention. The Centers for Disease Control and Prevention and the epicenters participating in such program shall work with the regional prevention collaboratives to— (1) evaluate new and existing interventions to prevent or limit the emergence of antimicrobial resistance throughout the geographic region of the collaboratives; (2) facilitate public health research on the prevention and control of resistant organisms; and (3) assess the feasibility, cost-effectiveness, and appropriateness of surveillance and prevention programs in differing health care and institutional settings. 8. Continuation of current programs Subsection (j) of section 319E of the Public Health Service Act ( 42 U.S.C. 247d–5 and for each of the fiscal years 2015 through 2019 2006 9. Protection of confidential and national security information Except as otherwise required by law, this Act (and the amendments made by this Act) shall not permit public disclosure of trade secrets, confidential commercial information, or material inconsistent with national security that is obtained by any person under this Act (or amendments made by this Act).

Strategies to Address Antimicrobial Resistance Act

Farm and Small Business Expensing Tax Relief Act - Amends the Internal Revenue Code to allow a business taxpayer to expense up to $5,000 of the costs incurred to acquire or produce any item of tangible property if: (1) the taxpayer's average annual gross receipts during the preceding three taxable years do not exceed $10 million, and (2) the taxpayer has in effect written accounting procedures as may be prescribed by the Secretary of the Treasury.

113 S2237 IS: Farm and Small Business Expensing Tax Relief Act U.S. Senate 2014-04-10 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. 2237 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Hoeven Ms. Cantwell Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide an elective safe harbor for the expensing by small businesses of the costs of acquiring or producing tangible property. 1. Short title This Act may be cited as the Farm and Small Business Expensing Tax Relief Act 2. Safe harbor for expensing by small businesses of acquisition or production costs of tangible property (a) In general Section 263 (j) Election for small businesses To expense certain acquisition and production costs (1) In general If the amount paid or incurred by an eligible taxpayer to acquire or produce any item of tangible property does not exceed $5,000 (or such higher amount as the Secretary may prescribe by regulations), then, notwithstanding subsection (a), the taxpayer may elect to treat such amount as an expense which is not chargeable to capital account nor treated as a material or supply. Any amount so treated shall be allowed as a deduction for the taxable year in which the property is acquired or produced. (2) Eligible taxpayer For purposes of this subsection— (A) In general The term eligible taxpayer (i) who meets the gross receipts test of subparagraph (B) for the taxable year, and (ii) who, as of the beginning of the taxable year, has in effect written accounting procedures meeting such requirements as the Secretary may prescribe with respect to the expensing of amounts described in paragraph (1). (B) Gross receipts test A taxpayer meets the gross receipts test of this subparagraph for any taxable year if the average annual gross receipts of such taxpayer for the 3-taxable-year period ending with the taxable year which precedes such taxable year does not exceed $10,000,000. (C) Rules relating to gross receipts test For purposes of subparagraph (B)— (i) the rules of paragraphs (2) and (3) of section 448(c) shall apply, and (ii) in the case of a partnership, S corporation, trust, estate, or other pass-thru entity, the gross receipts test shall apply at the entity level. (3) Election Any election under this subsection for any taxable year shall— (A) specify the items of tangible property to which the election applies, and (B) be made, in such manner as the Secretary may prescribe, on the taxpayer's return of the tax imposed by this chapter for the taxable year. Any election made under this subsection, and any specification made in any such election, may not be revoked except with the consent of the Secretary. (4) Coordination with section 179 This subsection shall be applied before section 179. (5) Regulations The Secretary shall prescribe such regulations as are necessary to carry out the purposes of this subsection, including regulations providing for— (A) exceptions for property which is inventory or land or for which the taxpayer makes an election for optional treatment under section 162; and (B) the aggregation of all amounts paid or incurred with respect to any item of tangible property. (6) Rule of construction If, for any taxable year, a taxpayer is not an eligible taxpayer (or is an eligible taxpayer who does not elect to have this subsection apply), nothing in this subsection shall be construed as prohibiting the expensing of any amount paid or incurred during the taxable year to acquire or produce any item of tangible property if such expensing is permitted under any safe harbor or other provision of the regulations prescribed under this section. (7) Cross reference For capitalization of certain expenses where a taxpayer produces property or acquires property for resale, see section 263A. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013.

Farm and Small Business Expensing Tax Relief Act

Crimea Annexation Non-recognition Act of 2014 - States that it is U.S. policy to not recognize the de jure or de facto sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters. Prohibits: (1) any federal department or agency from taking any action that recognizes or implies recognition of sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters; (2) the Government Printing Office (GPO) from printing any map, document, or other paper indicating Crimea as part of the territory of the Russian Federation; and (3) any federal department or agency from taking any action to facilitate, finance, or guarantee any investment in Crimea that involves any official or entity of the government of the Russian Federation, or any business, bank, or other financial entity whose headquarters or principal place of business is in the Russian Federation. Directs the Secretary of the Treasury to require the U.S. representatives to the International Monetary Fund (IMF), the World Bank Group, and certain other international financial institutions to oppose any loan, loan guarantee, or transfer of funds to Crimea related to activity involving: (1) any official or entity of the government of the Russian Federation, or (2) any financial institution or other entity whose headquarters or principal place of business is in the Russian Federation. States that in any matter before a U.S. court the Department of Justice (DOJ) shall affirm the U.S. policy of not recognizing the de jure or de facto sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters. Prohibits: (1) a foreign vessel arriving from a port in Crimea from entering a U.S. port if it is transporting goods for which export documents are issued or approved by Russian Federation customs authorities; (2) the Secretary of Defense (DOD) from taking any action that implies recognition of the sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters; and (3) any U.S. flagged vessel or U.S. certified aircraft or air carrier from taking any action that implies recognition of the sovereignty of the Russian Federation over Crimea or its territorial waters. Prohibits the obligation or expenditure of any amounts to provide economic support fund assistance, development assistance, or security assistance to the government of any country that has recognized the sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters.

113 S2238 IS: Crimea Annexation Non-recognition Act of 2014 U.S. Senate 2014-04-10 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. 2238 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Coats Mr. Cornyn Mr. Graham Mr. Kirk Mr. McConnell Mr. Blunt Mr. Wicker Mr. Hatch Mr. Risch Mr. Rubio Mr. Enzi Mr. Portman Committee on Foreign Relations A BILL To ensure that the United States Government in no way recognizes Russia's annexation of Crimea. 1. Short title This Act may be cited as the Crimea Annexation Non-recognition Act of 2014 2. United States policy against recognition of annexation (a) Statement of policy It is the policy of the United States Government not to recognize the de jure or de facto sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters. (b) Prohibition No Federal department or agency may take any action that recognizes or implies recognition of sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters. 3. Prohibition against documents portraying Crimea as part of Russian Federation The Government Printing Office may not print any map, document, record, or other paper of the United States portraying or otherwise indicating Crimea as part of the territory of the Russian Federation. 4. Prohibition on facilitating certain investments in Crimea No Federal department or agency may take any action to facilitate, finance, or guarantee any investment in Crimea that involves any official or entity of the Government of the Russian Federation or any business, bank, or other financial entity whose headquarters or principal place of business is located in the Russian Federation. 5. Opposition to international financial institution loans with Russian involvement The Secretary of the Treasury shall direct the United States representatives to the International Monetary Fund, the World Bank Group, and each other international financial institution described in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r (1) any official or entity of the Government of the Russian Federation; or (2) any financial institution or other entity whose headquarters or principal place of business is located in the Russian Federation. 6. Department of Justice affirmation of non-recognition of annexation In any matter before any United States court, upon request of the court or any party to the matter, the Department of Justice shall affirm the United States policy of not recognizing the de jure or de facto sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters. 7. Denial of entry to United States ports of vessels from Crimea with Russian cargo A vessel that is documented under the laws of a foreign country may not enter a port of the United States if— (1) the vessel is arriving from a port in Crimea; and (2) the vessel is transporting goods for which export documents are issued or approved by the customs authorities of the Russian Federation. 8. Non-recognition of Russian sovereignty over Crimean territory, airspace, or territorial waters (a) United States Armed Forces The Secretary of Defense may not take any action, including any movement of aircraft or vessels, that implies recognition of the sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters. (b) United States flagged vessels No vessel that is issued a certificate of documentation under chapter 121 (c) United States aircraft No aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of the Russian Federation over Crimea or its airspace. 9. Prohibition on certain assistance to countries that recognize Russian sovereignty over Crimea No amounts may be obligated or expended to provide Economic Support Fund assistance, development assistance, or security assistance to the government of any country that the Secretary of State determines has, after the date of the enactment of this Act, recognized the sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters.

Crimea Annexation Non-recognition Act of 2014

Social Security Identity Defense Act of 2014 - Amends the Internal Revenue Code to require the Secretary of the Treasury to make certain disclosures to individuals who were validly assigned a social security account number and to the Federal Bureau of Investigation (FBI) if the Secretary determines that there is a substantial likelihood that there has been a fraudulent use of such account number in the employment context. Authorizes the FBI Director to disclose information received from the Secretary to federal, state, and local law enforcement officials, provided such an official enters into a memorandum of understanding regarding the confidentiality of such information, but restricts the use of such information to carrying out criminal investigations or prosecutions. Requires employers who have been notified of suspected misuse of an employee's social security account number to cease including such account number on statements provided to such employee.

113 S2239 IS: Social Security Identity Defense Act of 2014 U.S. Senate 2014-04-10 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. 2239 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Johnson of Wisconsin Mr. Warner Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permit the Secretary of the Treasury to disclose certain return information related to identity theft, and for other purposes. 1. Short title This Act may be cited as the Social Security Identity Defense Act of 2014 2. Disclosure of certain return information with respect to identity theft (a) In general Subsection (l) of section 6103 (23) Disclosure of return information in certain cases of identity theft (A) In general If the Secretary determines that there is a substantial likelihood that there has been a fraudulent use of a social security account number on a statement described in section 6051— (i) the Secretary shall disclose to the individual who was validly assigned such social security account number— (I) that the Secretary has reason to believe that the social security account number assigned to such individual has been fraudulently used in the employment context, (II) that the Secretary has made the disclosure described in clause (ii) to the Director of the Federal Bureau of Investigation with respect to such fraudulent use, and (III) such other information (other than return information) as the Secretary determines, in consultation with Federal Trade Commission, would be helpful and appropriate to provide to a victim of identity theft, and (ii) the Secretary shall disclose to the Director of the Federal Bureau of Investigation— (I) such social security account number, (II) that the Secretary has reason to believe that such social security account number has been fraudulently used in the employment context, and (III) the taxpayer identity information of the individual who was assigned such social security account number, the individual believed to have fraudulently used such social security account number, and the employer who made the statement described in section 6051 which included such social security account number. (B) Restriction on disclosure to law enforcement (i) Disclosure to other law enforcement officials The Director of the Federal Bureau of Investigation may disclose information received under subparagraph (A)(ii) to appropriate Federal, State, and local law enforcement officials. (ii) Restriction on use of disclosed information Return information disclosed under subparagraph (A)(ii) may be used by Federal, State, and local law enforcement officials only for purposes of carrying out criminal investigations or prosecutions. (iii) Memorandum of understanding For purposes of this paragraph, any return information disclosed under subparagraph (A)(ii) may not be provided to any State or local law enforcement official until such official has entered into a memorandum of understanding with the Secretary that includes the following terms and conditions: (I) Confidentiality of returns and return information and prohibitions on disclosure described in subsection (a)(3). (II) Safeguards, restrictions on access, and recordkeeping requirements described in subsection (p)(4). (III) Application of penalties for unauthorized disclosure of returns and return information under section 7213(a)(2). (IV) Any additional terms and conditions deemed appropriate by the Secretary. . (b) Prevention of use of W–2 statements To carry out identity theft Section 6051 of such Code is amended by adding at the end the following new subsection: (g) Prevention of identity theft Except as otherwise provided by the Secretary, if an employer is notified by the Secretary with respect to any employee that the Secretary has reason to believe that the social security account number included on the statement described in subsection (a) with respect to such employee is not the social security account number of such employee, such employer— (1) shall cease to include such social security account number on statements provided to the employee under subsection (a), but (2) shall continue to include such social security account number on duplicates of such statements provided to the Secretary under subsection (d). . (c) Conforming amendments related to disclosure (1) Confidentiality Paragraph (3) of section 6103(a) of such Code is amended by striking or (21) (21), or (23) (2) Procedures and recordkeeping related to disclosures Paragraph (4) of section 6103(p) of such Code is amended by striking or (20) (20), or (23) (3) Unauthorized disclosure or inspection Paragraph (2) of section 7213(a) of such Code is amended by striking or (21) (21), or (23)

Social Security Identity Defense Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) San Francisco Bay Restoration Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to provide funding for activities, studies, or projects, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that are identified in an annual priority list and that advance the goals and objectives of the comprehensive management plan for the San Francisco estuary. Authorizes funding to be provided through cooperative agreements, grants, or other means to state and local agencies, special districts, public or nonprofit agencies, institutions, and organizations. Prohibits funding from being used for the administration of a management conference for the San Francisco estuary under the National Estuary Program. Requires the Administrator, in developing the priority list, to consult with and consider the recommendations of: (1) the San Francisco Estuary Partnership, (2) the state of California and affected local governments in the San Francisco Bay estuary watershed, and (3) any other relevant stakeholder involved with the protection and restoration of such estuary. Limits funding amounts under this Act to 75% of the total cost of eligible activities to be carried out using those amounts. Authorizes the Administrator to carry out this Act for each of FY2013-FY2017.

113 S224 RS: San Francisco Bay Restoration Act U.S. Senate 2013-02-04 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. 415 113th CONGRESS 2d Session S. 224 [Report No. 113–185] IN THE SENATE OF THE UNITED STATES February 4, 2013 Mrs. Feinstein Mrs. Boxer Committee on Environment and Public Works June 5, 2014 Reported by Mrs. Boxer A BILL To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay. 1. Short title This Act may be cited as the San Francisco Bay Restoration Act 2. San Francisco Bay restoration grant program Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. 123. San Francisco Bay restoration grant program (a) Definitions In this section: (1) Annual priority list The term annual priority list (2) Comprehensive plan The term comprehensive plan (A) the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and (B) any amendments to that plan. (3) Estuary partnership The term Estuary Partnership (b) Annual priority list (1) In general After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). (2) Inclusions The annual priority list compiled under paragraph (1) shall include— (A) activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; (B) information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of— (i) the identities of the financial assistance recipients; and (ii) the communities to be served; and (C) the criteria and methods established by the Administrator for selection of activities, projects, and studies. (3) Consultation In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of— (A) the Estuary Partnership; (B) the State of California and affected local governments in the San Francisco Bay estuary watershed; and (C) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. (c) Grant program (1) In general Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. (2) Maximum amount of grants; non-Federal share (A) Maximum amount of grants Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. (B) Non-Federal share The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be— (i) not less than 25 percent; and (ii) provided from non-Federal sources. (d) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2013 through 2017. (2) Administrative expenses Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. (3) Relationship to other funding Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). (4) Prohibition No amounts made available under subsection (c) may be used for the administration of a management conference under section 320. . June 5, 2014 Reported without amendment

San Francisco Bay Restoration Act

Medicare Choices Empowerment and Protection Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to: (1) establish an Advance Directive Certification Program to encourage eligible beneficiaries to adopt and maintain certified advance directives to guide the delivery of health care to them, and (2) make a one-time payment (of $50 for using a manual process, of $75 for using on-line processes only) to each eligible beneficiary that adopts a certified advance directive and registers it with the Program.

113 S2240 IS: Medicare Choices Empowerment and Protection Act U.S. Senate 2014-04-10 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. 2240 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Coons Mr. Coburn Mr. Coons Mr. Blumenthal Committee on Finance A BILL To amend title XVIII of the Social Security Act to encourage Medicare beneficiaries to voluntarily adopt advance directives guiding the medical care they receive. 1. Short title This Act may be cited as the Medicare Choices Empowerment and Protection Act 2. Medicare advance directive certification program Part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1849. Medicare advance directive certification program (a) In general (1) Establishment of Program The Secretary shall establish and implement an Advance Directive Certification Program (in this section referred to as the Program (2) Definitions In this section: (A) Certified advance directive The term certified advance directive (i) provides instructions that outline the kind of medical treatments and care that such beneficiary would want or not want under particular conditions, and may also include the identification of a health care proxy or legal representative to make medical treatment decisions for the beneficiary if the beneficiary becomes unable to make or communicate those decisions; and (ii) is offered by an entity that has received accreditation from the Secretary under this section. (B) Eligible Beneficiary The term eligible beneficiary (3) Voluntary Participation in the Program shall be voluntary with respect to the eligible beneficiary and an eligible beneficiary who has registered a certified advance directive under the Program may terminate such directive at any time. Nothing in this section shall require an eligible beneficiary to adopt or maintain a certified advance directive. (4) Best practices In establishing and implementing the Program, the Secretary shall consider best practices within existing advance directive registry technologies, programs, and systems, including web-based or cloud-based advance directive technologies, which may utilize time and date stamps, video, or other innovative measures to protect the authenticity, improve the quality, and enhance the security of such directives. (5) State Law This section shall in no way supercede, abrogate, or otherwise interfere with State law governing advance directives. (b) Registration (1) In general The Secretary shall establish procedures for an eligible beneficiary to register such beneficiary's adoption of a certified advance directive under the Program. Such procedures shall ensure that registration is available both through an online and manual process. The Secretary shall also establish procedures to ensure Program participants can update previously registered information that is no longer accurate and indicate that an advance directive has been terminated. (2) Required information In addition to such other information as the Secretary may deem appropriate, an eligible beneficiary seeking to register a certified advance directive under the program shall indicate where the advance directive is maintained. (3) Registration periods The procedures established under paragraph (1) shall provide that registration under the Program shall occur during— (A) an eligible beneficiary’s initial Part C enrollment as described in paragraph (1) of section 1851(e); and (B) the annual, coordinated election period under paragraph (3) of such section. (4) Privacy and security (A) In general The Secretary shall ensure that all aspects of the registration system comply with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (B) Access The Secretary shall utilize standardized data protections and privacy standards, including the Federal regulations described in paragraph (1), to ensure that the registration record of an eligible beneficiary can only be accessed by— (i) the beneficiary, through the process established under paragraph (1); and (ii) providers of services and suppliers participating under this title, through a process established by the Secretary. (c) Accreditation (1) In general Under the Program, the Secretary shall— (A) grant accreditation to advance directive vendors and other entities providing advance directives that meet the accreditation criteria established under paragraph (2); and (B) establish a process whereby advance directive vendors and other entities providing advance directives may obtain accreditation under this subsection. (2) Accreditation criteria The Secretary shall establish accreditation criteria for advance directive vendors and other entities providing advance directives that seek to offer advance directives to be certified under the Program. Such criteria shall include the following: (A) Process for adopting advance directive The advance directive vendor or other entity providing an advance directive shall allow a beneficiary to create, adopt, modify, and terminate an advance directive— (i) through an online process; and (ii) as an alternative to the online process, through a manual process that employs paper documents. (B) Access The advance directive vendor or other entity providing an advance directive shall maintain advance directives in such a way that— (i) an eligible beneficiary who has adopted an advance directive with such vendor or entity and any family member, legal representative, or health care proxy legally designated by such beneficiary has direct, near real-time online access to the beneficiary's advance directive for purposes of viewing and sharing such advance directive; (ii) in the case of an eligible beneficiary who has adopted an advance directive with such vendor or entity or any family member, legal representative, or health care proxy legally designated by such beneficiary who is unable or unwilling to use the online access under subparagraph (A), such individual is able to obtain a hard copy of the beneficiary's advance directive for the purposes of viewing and sharing such advance directive; and (iii) providers of services and suppliers participating under this title have near real-time access to the advance directive of an eligible beneficiary who has adopted an advance directive with such vendor or entity. (C) Privacy protections (i) In general The advance directive vendor or other entity providing an advance directive shall comply with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 (ii) Access Such vendor or entity shall utilize standardized data protections and privacy standards, including the Federal regulations described in paragraph (1), to ensure that the content of an eligible beneficiary’s advance directive is owned and maintained by the beneficiary and can only be accessed by— (I) the beneficiary or the beneficiary's designee pursuant to clauses (i) and (ii) of subparagraph (A); and (II) a provider of services or a supplier pursuant to subparagraph (A)(iii). (D) Security and testing The advance directive vendor or other entity providing an advance directive shall certify that— (i) all data management and data transfer elements involved in adopting, maintaining, and accessing the advance directive have successfully passed rigorous independent testing regarding standards of timeliness, accuracy, and efficiency; (ii) the data management and data transfer elements involved in adopting, maintaining, and accessing the advance directive meet widely accepted industry security standards; and (iii) the system that provides access to the advance directive has passed real-time tests simulating a realistic volume of beneficiaries and providers accessing advance directives simultaneously. (E) Certified advance directives The advance directive vendor or other entity providing an advance directive shall agree to offer certified advance directives (as defined in subsection (a)(2)(A)). (F) Other Such other criteria as the Secretary may require. (d) Incentive (1) In general The Secretary shall make a one-time payment of the amount specified in paragraph (2) to each eligible beneficiary that adopts a certified advance directive and registers such directive with the Program. (2) Amount (A) In general For purposes of paragraph (1), the amount specified in this paragraph is— (i) for a beneficiary who registers a certified advance directive with the Program in 2015— (I) in the case of a beneficiary that creates, adopts, and registers a certified advance directive using online processes only, $75; or (II) in the case of a beneficiary that creates, adopts, or registers a certified advance directive using a manual process, $50; and (ii) for a beneficiary who registers a certified advance directive with the Program in a subsequent year, the amount specified in this paragraph for the preceding year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the preceding year. (B) Rounding If any amount determined under subparagraph (A) is not a multiple of 10 cents, such amount shall be rounded to the nearest multiple of 10 cents. (3) Administration The Secretary shall, through a full notice and comment rulemaking process, establish procedures for— (A) making the incentive payment directly to the eligible beneficiary or a personal account maintained by the beneficiary at a financial institution that has been designated by the beneficiary, and ensuring that no other entity receives the payment on the beneficiary's behalf; and (B) ensuring that a beneficiary does not receive an incentive payment under this section more than once. (e) Education and outreach The Secretary shall work with stakeholders to conduct appropriate educational and outreach activities under the Program, including— (1) the inclusion of detailed information regarding the personal benefits of adopting a certified advance directive and participating in the Program in the Medicare and You handbook under section 1804; and (2) the inclusion of detailed information regarding the personal benefits of adopting a certified advance directive and participating in the Program and an explanation of how the Program works (which may include sample certified advance directives, links to the websites of certified advance directive vendors, other entities providing advance directives, and stakeholder organizations, and such other information as the Secretary determines useful) on the Internet website of the Centers for Medicare & Medicaid Services. (f) Consultation In establishing and implementing the Program, the Secretary shall consult with, and solicit feedback from, a broad array of stakeholders representing the interests of eligible beneficiaries, health care providers, the advance directive industry and advance directive vendors, and faith-based organizations. Such stakeholders shall include physicians, nurses, hospital representatives, palliative and hospice caregivers, advance directive companies and vendors, patients’ rights groups, health information privacy experts, elder law experts, senior groups, counselors, chaplains, clergy, ethicists, various other members of the faith community, and other individuals and entities that the Secretary determines appropriate. .

Medicare Choices Empowerment and Protection Act

Drug-Free Playgrounds Safety Enhancement Act of 2014 - Amends provisions of the Controlled Substances Act prescribing enhanced penalties for distributing or manufacturing drugs in or near certain facilities, such as schools, playgrounds, youth centers, and swimming pools, to: (1) include among such facilities a video amusement game facility (currently, a video arcade facility); (2) define a "video amusement game facility" as any facility that is legally accessible to persons under 18 years of age, that is intended primarily for amusement, and that contains video game machines or other similar youth games; and (3) revise the definition of "playground" to mean any outdoor area that is intended for recreation, that is open to the public, and that contains one or more apparatus intended for the recreation of children, including play structures, sliding boards, swingsets, seesaws, merry-go-rounds, slides, jungle gyms, chin-up bars, sandboxes, spring riders, monkey bars, overhead ladders, trapeze rings, playhouses, rope bridges, and mazes.

113 S2241 IS: Drug-Free Playgrounds Safety Enhancement Act of 2014 U.S. Senate 2014-04-10 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. 2241 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Begich Committee on the Judiciary A BILL To enhance the safety of drug-free playgrounds. 1. Short title This Act may be cited as the Drug-Free Playgrounds Safety Enhancement Act of 2014 2. Drug-free playgrounds Section 419 of the Controlled Substances Act ( 21 U.S.C. 860 (1) in subsection (a), by striking video arcade facility video amusement game facility (2) in subsection (e)— (A) in paragraph (1)— (i) by striking outdoor facility outdoor area (ii) by striking three or more separate 1 or more (iii) by inserting play structures, not limited to, (iv) by striking and teeterboards seesaw, merry-go-round, slides, jungle gym, chin-up bars, sandbox, spring rider, monkey bars, overhead ladders, trapeze rings, playhouses, rope bridges, and mazes (B) by amending paragraph (3) to read as follows: (3) The term video amusement game facility .

Drug-Free Playgrounds Safety Enhancement Act of 2014

Community Financial Protection Act of 2014 - Amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to request reports through the prudential regulator from a person that is either an insured depository institution or an insured credit union with total assets of $10 billion or less (persons). Prohibits the Director from making such requests for an industry-wide report, or for a report pertaining to two or more such persons. Requires the Director, as a prerequisite to making such request, to make a showing to the prudential regulator that publicly available information pertaining to such person(s) is insufficient for the purposes of either: (1) supporting the role of the CFPB in implementing federal consumer financial laws; (2) supporting examination activities of the CFPB; or (3) risk assessment and detection concerning consumers and consumer financial markets. Authorizes the prudential regulator to deny any request for a report or information made by the Director with respect to such persons. Requires the prudential regulator who fulfills the Director's request for a report to do so with reports that have been furnished to a federal or state agency (or are required to have been furnished to a federal or state agency. Instructs the Director to accept existing reports in formats consistent with those submitted to the prudential regulator and federal and state agencies if the prudential regulator has determined that they provide the information requested.

113 S2242 IS: Community Financial Protection Act of 2014 U.S. Senate 2014-04-10 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. 2242 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Coats Committee on Banking, Housing, and Urban Affairs A BILL To establish the prudential regulator of community and independent depository institutions as the conduit and arbiter of all Federal financial oversight, examination, and reporting. 1. Short title This Act may be cited as the Community Financial Protection Act of 2014 2. Findings Congress finds the following: (1) On October 3, 2013, Jerome H. Powell, member of the Board of Governors of the Federal Reserve System, told the Conference of State Bank Supervisors that community bankers, who played no part in causing the financial crisis, have been forced to fight to ensure that they are not swept up in the torrent of costly new regulations (2) The profitability, and even survival, of credit unions and community and independent depository institutions is threatened by the material rise in costs of compliance, which are largely driven by resources and personnel necessary to interact with a greater number of Federal regulators and respond to an ever-growing list of required reports and special data requests. 3. Prudential regulator as conduit for report requests Section 1026(b) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5516(b) (b) Reports (1) Definition In this subsection, the term publicly available information (A) a Report of Condition and Income submitted to the Federal Deposit Insurance Corporation or the Federal Financial Institutions Examination Council; (B) a Thrift Financial Report submitted to the Office of Thrift Supervision; (C) a Financial Performance Report submitted to the National Credit Union Administration; or (D) any report that is designated by the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Financial Institutions Examination Council, or the National Credit Union Administration, as applicable, as a successor to any report described in subparagraph (A), (B), or (C). (2) Requests for reports from prudential regulators (A) In general In order to minimize regulatory burden, the Director shall request reports through the prudential regulator from a person described in subsection (a), as necessary to— (i) support the role of the Bureau in implementing Federal consumer financial laws; (ii) support examination activities of the Bureau under subsection (c); and (iii) assess and detect risks to consumers and consumer financial markets. (B) Institution-specific requests The Director may not make a request under subparagraph (A) for an industry-wide report or a report pertaining to 2 or more persons described in subsection (a). (C) Publicly available information The Director may make a request under subparagraph (A) only if the Director makes a showing to the prudential regulator that publicly available information pertaining to a person described in subsection (a) is insufficient for the purposes described in clauses (i), (ii), and (iii) of subparagraph (A). (D) Denial of requests The prudential regulator may deny any request for a report or information made by the Director under subparagraph (A). (3) Use of existing reports (A) In general If a prudential regulator determines to fulfill a request for a report made by the Director under paragraph (2), the prudential regulator shall, to the fullest extent possible, fulfill the request with reports pertaining to a person described in subsection (a) that have been provided or are required to have been provided to a Federal or State agency. (B) Fulfilling report requests through multiple sources The Director shall accept existing reports in satisfaction of the requirements of this subsection in formats consistent with those submitted to the prudential regulator and Federal and State agencies, including multiple reports, if the prudential regulator has determined that the reports provide the information requested by the Director. .

Community Financial Protection Act of 2014

Terrorism Risk Insurance Program Reauthorization Act of 2014 - Title I: Extension of Terrorism Insurance Program - (Sec. 101) Amends the Terrorism Risk Insurance Act of 2002 (TRIA) to extend the Terrorism Insurance Program through December 31, 2020, and to revise requirements for the Program. (Sec. 102) Requires the federal share of payments beginning on January 1, 2016, for acts of terrorism, in general, to be reduced annually to 80% of insured losses. (Sec. 103) Specifies the aggregate industry insured losses resulting from certified acts of terror which will, beginning calendar years 2015-2019, trigger the federal share of compensation under the Program as: (1) $100 million for 2015; (2) $120 million for 2016; (3) $140 million for 2017; (4) $160 million for 2018, (5) $180 million for 2019; and (6) $200 million for 2020 and thereafter. (Sec. 104) Revises requirements for mandatory recoupment (repayment) from insurers of federal financial assistance provided in connection with all acts of terrorism (or acts of war, in the case of workers compensation). Revises the formula for determining the insurance marketplace aggregate retention amount (recoupment threshold) indicating insured losses resulting from a certified act of terrorism which the insurance industry must cover before federal assistance becomes available. Maintains the current recoupment threshold, which is the lesser of $27.5 billion, or the aggregate amount for all insurers, of insured losses during the calendar year. Requires annual increases of $2 billion until $27.5 billion becomes $37.5 billion. Prescribes a formula for further revisions of the threshold for years after it becomes $37.5 billion. Repeals the declaration that there shall be no mandatory recoupment (thus requiring recoupment) if uncompensated losses exceed the insurance marketplace aggregate retention amount. Increases from 133% to 140% of any mandatory recoupment amount the terrorism loss risk-spreading premium (surcharge) collected for repayment of federal financial assistance. (Sec. 105) Redefines "an act of terrorism" as one that is certified as such by the Secretary of the Treasury in consultation with the Secretary of Homeland Security (previously, in concurrence with the Secretary of State). (Sec. 107) Directs the Secretary of the Treasury to study the process for certifying an act of terrorism, particularly a reasonable timeline for determining accurately whether to certify an act as an act of terrorism, and the impact of the length of any timeline on the insurance industry, policyholders, consumers, and taxpayers as a whole. Directs the Secretary to issue final rules governing the certification process, including any such timeline, within nine months after reporting study results to the appropriate congressional committees. (Sec. 108) Directs the Comptroller General (GAO) to study the viability and effects of federal: (1) assessment and collection of upfront premiums from insurers that participate in the Program, including a comparison of practices in international markets to assess and collect premiums either before or after terrorism losses are incurred; and (2) creation of a capital reserve fund to which participating insurers shall dedicate capital specifically for terrorism losses before they are incurred. (Sec. 109) Amends the Federal Reserve Act to require the President, in selecting members of the Board of Governors of the Federal Reserve System, to appoint at least one member with demonstrated primary experience working in or supervising community banks having less than $10 billion in total assets. (Sec. 110) Directs the Secretary to establish and appoint an Advisory Committee on Risk-Sharing Mechanisms to give advice, make recommendations, and encourage the creation of nongovernmental risk-sharing mechanisms to support private market reinsurance capacity for protection against losses arising from acts of terrorism. (Sec. 111) Directs the Secretary to: (1) require participating insurers to submit specified information regarding insurance coverage for terrorism losses; and (2) report annually to certain congressional committees on specified aspects of the Program, including whether they discourage or impede insurers from providing commercial property casualty insurance coverage or coverage for acts of terrorism. Prescribes confidentiality guidelines. (Sec. 112) Directs the Secretary to study biennially the small insurers participating in the Program, identifying competitive challenges they face in the terrorism risk insurance marketplace. Title II: National Association of Registered Agents and Brokers Reform - National Association of Registered Agents and Brokers Reform Act of 2014 - (Sec. 202) Amends the Gramm-Leach-Bliley Act to repeal the contingent conditions under which the National Association of Registered Agents and Brokers (NARAB) shall not be established. Establishes NARAB without contingent conditions as an independent nonprofit corporation to prescribe, on a multi-state basis, licensing and insurance producer qualification requirements and conditions. Prohibits the NARAB from merging with or into any other private or public entity. Requires the NARAB, without affecting state regulatory authority, to provide a mechanism for the adoption and multi-state application of requirements and conditions pertaining to: (1) licensing, continuing education, and other qualifications of non-NARAB insurance producers; (2) resident or nonresident insurance producer appointments; (3) supervision and disciplining of such producers; and (4) the setting of licensing fees for insurance producers. Makes any state-licensed insurance producer eligible to join the NARAB, except during a period of license suspension or revocation. Requires an individual insurance producer to undergo a criminal history record check by the Federal Bureau of Investigation (FBI). Requires the NARAB to submit to the FBI identification information obtained from the insurance producer, upon producer request, as well as a request of its own for the criminal history record check. Authorizes the NARAB to: (1) establish membership criteria; and (2) deny membership to an individual state-licensed insurance producer on the basis of the criminal history information obtained, or where the producer has been subject to certain disciplinary action. Prescribes procedures governing a criminal history record check, including the rights of applicants denied membership. Authorizes the NARAB to establish membership criteria, including separate classes of membership and membership criteria for business entities; but prohibits it from establishing criteria that unfairly limit the ability of a small insurance producer to become a member of the NARAB, including discriminatory membership fees. Authorizes the NARAB to establish separate categories of membership for insurance producers and for other persons or entities within each class, based on the types of licensing categories that exist under state laws. Prohibits the NARAB from establishing special categories of membership, including distinct membership criteria for members that are depository institutions or for their employees, agents, or affiliates. Prohibits the NARAB from adopting any qualification less protective to the public than that contained in the National Association of Insurance Commissioners (NAIC) Producer Licensing Model Act. Prescribes procedures for authorized information sharing pursuant to a request by a licensed insurance producer. Authorizes the NARAB to deny membership to any state-licensed insurance producer for failure to meet membership criteria. States that NARAB membership authorizes an insurance producer to engage in the business of insurance in any state for any lines of insurance specified in the producer's home state license, including claims adjustments and settlement, risk management, and specified insurance-related consulting activities. Makes NARAB membership equivalent to a nonresident insurance producer license for specified purposes. Empowers the NARAB to act as agent for any member for the purpose of remitting licensing fees to a state. Requires the NARAB to disclose to states, including state insurance regulators and the NAIC, on an ongoing basis, a list of the states in which each member is authorized to operate. Retains state regulatory jurisdiction regarding: (1) consumer protection and market conduct, and (2) state disciplinary authority. Requires the NARAB to establish, as a condition of membership, continuing education requirements comparable to the continuing education requirements under the licensing laws of a majority of the states. Prohibits the NARAB from offering continuing education courses for insurance producers. Grants the NARAB disciplinary enforcement powers. Requires the NARAB to: (1) receive and investigate consumer complaints, and to maintain a toll-free telephone number; and (2) refer any such complaint to the state insurance regulator. Prescribes information- sharing procedures and limitations with the NAIC or governmental entities. Authorizes the NARAB to establish: (1) a central clearinghouse, or utilize NAIC as a central clearinghouse through which NARAB members may disclose their intent to operate in one or more states; and (2) a national database for the collection of regulatory information concerning the activities of insurance producers. Establishes the NARAB board of directors, whose membership shall include state insurance commissioners. Sets forth terms and procedures for appointment of members by the President. Authorizes reappointment to successive terms. Prohibits compensation on account of Board membership. Declares that the NARAB shall not be deemed to be an insurer or insurance producer within the meaning of any state law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance. Sets forth procedures for presidential oversight of the NARAB, including removal of the entire existing Board. Sets forth a limited preemption of state laws purporting to regulate insurance producers. Directs the NARAB to coordinate with the Financial Industry Regulatory Authority (FINRA) in order to ease administrative burdens that fall on NARAB members subject to regulation by FINRA. Authorizes any person aggrieved by a NARAB decision or action to commence a civil action in an appropriate federal district court. Prohibits federal funding of the NARAB. Title III: Business Risk Mitigation and Price Stabilization - Business Risk Mitigation and Price Stabilization Act of 2014 - (Sec. 302) Amends the Commodity Exchange Act to exempt, from the rules of prudential regulators for swap dealers and major swap participants with respect to initial and variation margin requirements for swaps not cleared by a registered derivatives clearing organization, those swaps in which one of the counterparties: (1) is eligible for an exception from clearing requirements because it is not a financial entity, uses swaps to hedge or mitigate commercial risk, and notifies the Commodity Futures Trading Commission how it meets financial obligations associated with entering into non-cleared swaps; (2) is eligible for a public interest exemption from swap clearing requirements for certain cooperative entities; or (3) satisfies specified criteria governing treatment of affiliates in connection with clearing requirements. Amends the Securities Exchange Act of 1934 regarding registration and regulation of security-based swap dealers and major security-based swap participants, to exempt from initial and variation margin requirements for swaps not cleared by a registered derivatives clearing organization a security-based swap in which one of the counterparties: (1) qualifies for a specified exception from clearing requirements, or (2) satisfies certain criteria governing the treatment of affiliates.

113 S2244 EAH: Terrorism Risk Insurance Program Reauthorization Act of 2014 U.S. Senate 2014-12-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session In the House of Representatives, U. S., December 10, 2014 AMENDMENT: That the bill from the Senate (S. 2244) entitled An Act to extend the termination date of the Terrorism Insurance Program established under the Terrorism Risk Insurance Act of 2002, and for other purposes. Strike all after the enacting clause and insert the following: 1. Short title and table of contents (a) Short title This Act may be cited as the Terrorism Risk Insurance Program Reauthorization Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Title I—Extension of Terrorism Insurance Program Sec. 101. Extension of Terrorism Insurance Program. Sec. 102. Federal share. Sec. 103. Program trigger. Sec. 104. Recoupment of Federal share of compensation under the program. Sec. 105. Certification of acts of terrorism; consultation with Secretary of Homeland Security. Sec. 106. Technical amendments. Sec. 107. Improving the certification process. Sec. 108. GAO study. Sec. 109. Membership of Board of Governors of the Federal Reserve System. Sec. 110. Advisory Committee on Risk-Sharing Mechanisms. Sec. 111. Reporting of terrorism insurance data. Sec. 112. Annual study of small insurer market competitiveness. Title II—National Association of Registered Agents and Brokers Reform Sec. 201. Short title. Sec. 202. Reestablishment of the National Association of Registered Agents and Brokers. Title III—Business Risk Mitigation and Price Stabilization Sec. 301. Short title. Sec. 302. Margin requirements. Sec. 303. Implementation. I Extension of Terrorism Insurance Program 101. Extension of Terrorism Insurance Program Section 108(a) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 December 31, 2014 December 31, 2020 102. Federal share Section 103(e)(1)(A) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 and beginning on January 1, 2016, shall decrease by 1 percentage point per calendar year until equal to 80 percent 85 percent 103. Program trigger Subparagraph (B) of section 103(e)(1) ( 15 U.S.C. 6701 (1) by striking a certified act certified acts (2) by striking such certified act such certified acts (3) by striking exceed (i) $100,000,000, with respect to such insured losses occurring in calendar year 2015; (ii) $120,000,000, with respect to such insured losses occurring in calendar year 2016; (iii) $140,000,000, with respect to such insured losses occurring in calendar year 2017; (iv) $160,000,000, with respect to such insured losses occurring in calendar year 2018; (v) $180,000,000, with respect to such insured losses occurring in calendar year 2019; and (vi) $200,000,000, with respect to such insured losses occurring in calendar year 2020 and any calendar year thereafter. . 104. Recoupment of Federal share of compensation under the program Section 103(e) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 (1) by amending paragraph (6) to read as follows: (6) Insurance marketplace aggregate retention amount (A) In general For purposes of paragraph (7), the insurance marketplace aggregate retention amount shall be the lesser of— (i) $27,500,000,000, as such amount is revised pursuant to this paragraph; and (ii) the aggregate amount, for all insurers, of insured losses during such calendar year. (B) Revision of insurance marketplace aggregate retention amount (i) Phase-in Beginning in the calendar year that follows the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2014, the amount set forth under subparagraph (A)(i) shall increase by $2,000,000,000 per calendar year until equal to $37,500,000,000. (ii) Further revision Beginning in the calendar year that follows the calendar year in which the amount set forth under subparagraph (A)(i) is equal to $37,500,000,000, the amount under subparagraph (A)(i) shall be revised to be the amount equal to the annual average of the sum of insurer deductibles for all insurers participating in the Program for the prior 3 calendar years, as such sum is determined by the Secretary under subparagraph (C). (C) Rulemaking Not later than 3 years after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2014, the Secretary shall— (i) issue final rules for determining the amount of the sum described under subparagraph (B)(ii); and (ii) provide a timeline for public notification of such determination. ; and (2) in paragraph (7)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking for each of the periods referred to in subparagraphs (A) through (E) of paragraph (6) (ii) in clause (i), by striking for such period (B) by striking subparagraph (B) and inserting the following: (B) [Reserved.] ; (C) in subparagraph (C)— (i) by striking occurring during any of the periods referred to in any of subparagraphs (A) through (E) of paragraph (6), terrorism loss risk-spreading premiums in an amount equal to 133 percent , terrorism loss risk-spreading premiums in an amount equal to 140 percent (ii) by inserting as calculated under subparagraph (A) mandatory recoupment amount (D) in subparagraph (E)(i)— (i) in subclause (I)— (I) by striking 2010 2017 (II) by striking 2012 2019 (ii) in subclause (II)— (I) by striking 2011 2018 (II) by striking 2012 2019 (III) by striking 2017 2024 (iii) in subclause (III)— (I) by striking 2012 2019 (II) by striking 2017 2024 105. Certification of acts of terrorism; consultation with Secretary of Homeland Security (a) In general Paragraph (1)(A) of section 102 ( 15 U.S.C. 6701 concurrence with the Secretary of State consultation with the Secretary of Homeland Security (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2015. 106. Technical amendments The Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 (1) in section 102— (A) in paragraph (3)— (i) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (ii) in the matter preceding clause (i) (as so redesignated), by striking An entity has (A) In general An entity has ; and (iii) by adding at the end the following new subparagraph: (B) Rule of construction An entity, including any affiliate thereof, does not have control Terrorism Risk Insurance Program Reauthorization Act of 2014 control ; (B) in paragraph (7)— (i) by striking subparagraphs (A) through (F) and inserting the following: (A) the value of an insurer's direct earned premiums during the immediately preceding calendar year, multiplied by 20 percent; and ; (ii) by redesignating subparagraph (G) as subparagraph (B); and (iii) in subparagraph (B), as so redesignated by clause (ii)— (I) by striking notwithstanding subparagraphs (A) through (F), for the Transition Period or any Program Year notwithstanding subparagraph (A), for any calendar year (II) by striking Period or Program Year calendar year (C) by striking paragraph (11); and (D) by redesignating paragraphs (12) through (16) as paragraphs (11) through (15), respectively; and (2) in section 103— (A) in subsection (b)(2)— (i) in subparagraph (B), by striking , purchase, (ii) in subparagraph (C), by striking , purchase, (B) in subsection (c), by striking Program Year calendar year (C) in subsection (e)— (i) in paragraph (1)(A), as previously amended by section 102— (I) by striking the Transition Period and each Program Year through Program Year 4 shall be equal to 90 percent, and during Program Year 5 and each Program Year thereafter each calendar year (II) by striking the comma after 80 percent (III) by striking such Transition Period or such Program Year such calendar year (ii) in paragraph (2)(A), by striking the period beginning on the first day of the Transition Period and ending on the last day of Program Year 1, or during any Program Year thereafter a calendar year (iii) in paragraph (3), by striking the period beginning on the first day of the Transition Period and ending on the last day of Program Year 1, or during any other Program Year any calendar year (D) in subsection (g)(2)— (i) by striking the Transition Period or a Program Year the calendar year (ii) by striking such period the calendar year (iii) by striking that period the calendar year 107. Improving the certification process (a) Definitions As used in this section— (1) the term act of terrorism 15 U.S.C. 6701 (2) the term certification process 15 U.S.C. 6701 (3) the term Secretary (b) Study Not later than 9 months after the date of enactment of this Act, the Secretary shall conduct and complete a study on the certification process. (c) Required content The study required under subsection (a) shall include an examination and analysis of— (1) the establishment of a reasonable timeline by which the Secretary must make an accurate determination on whether to certify an act as an act of terrorism; (2) the impact that the length of any timeline proposed to be established under paragraph (1) may have on the insurance industry, policyholders, consumers, and taxpayers as a whole; (3) the factors the Secretary would evaluate and monitor during the certification process, including the ability of the Secretary to obtain the required information regarding the amount of projected and incurred losses resulting from an act which the Secretary would need in determining whether to certify the act as an act of terrorism; (4) the appropriateness, efficiency, and effectiveness of the consultation process required under section 102(1)(A) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 (5) the ability of the Secretary to provide guidance and updates to the public regarding any act that may reasonably be certified as an act of terrorism. (d) Report Upon completion of the study required under subsection (a), the Secretary shall submit a report on the results of such study to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (e) Rulemaking Section 102(1) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following: (D) Timing of certification Not later than 9 months after the report required under section 107 of the Terrorism Risk Insurance Program Reauthorization Act of 2014 . 108. GAO study (a) Study Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall complete a study on the viability and effects of the Federal Government— (1) assessing and collecting upfront premiums on insurers that participate in the Terrorism Insurance Program established under the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 Program (2) creating a capital reserve fund under the Program and requiring insurers participating in the Program to dedicate capital specifically for terrorism losses before such losses are incurred, which shall include a comparison of practices in international markets to establish reserve funds. (b) Required content The study required under subsection (a) shall examine, but shall not be limited to, the following issues: (1) Upfront premiums With respect to upfront premiums described in subsection (a)(1)— (A) how the Federal Government could determine the price of such upfront premiums on insurers that participate in the Program; (B) how the Federal Government could collect and manage such upfront premiums; (C) how the Federal Government could ensure that such upfront premiums are not spent for purposes other than claims through the Program; (D) how the assessment and collection of such upfront premiums could affect take-up rates for terrorism risk coverage in different regions and industries and how it could impact small businesses and consumers in both metropolitan and non-metropolitan areas; (E) the effect of collecting such upfront premiums on insurers both large and small; (F) the effect of collecting such upfront premiums on the private market for terrorism risk reinsurance; and (G) the size of any Federal Government subsidy insurers may receive through their participation in the Program, taking into account the Program’s current post-event recoupment structure. (2) Capital reserve fund With respect to the capital reserve fund described in subsection (a)(2)— (A) how the creation of a capital reserve fund would affect the Federal Government’s fiscal exposure under the Terrorism Risk Insurance Program and the ability of the Program to meet its statutory purposes; (B) how a capital reserve fund would impact insurers and reinsurers, including liquidity, insurance pricing, and capacity to provide terrorism risk coverage; (C) the feasibility of segregating funds attributable to terrorism risk from funds attributable to other insurance lines; (D) how a capital reserve fund would be viewed and treated under current Financial Accounting Standards Board accounting rules and the tax laws; and (E) how a capital reserve fund would affect the States’ ability to regulate insurers participating in the Program. (3) International practices With respect to international markets referred to in paragraphs (1) and (2) of subsection (a), how other countries, if any— (A) have established terrorism insurance structures; (B) charge premiums or otherwise collect funds to pay for the costs of terrorism insurance structures, including risk and administrative costs; and (C) have established capital reserve funds to pay for the costs of terrorism insurance structures. (c) Report Upon completion of the study required under subsection (a), the Comptroller General shall submit a report on the results of such study to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (d) Public availability The study and report required under this section shall be made available to the public in electronic form and shall be published on the website of the Government Accountability Office. 109. Membership of Board of Governors of the Federal Reserve System (a) In general The first undesignated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 241 In selecting members of the Board, the President shall appoint at least 1 member with demonstrated primary experience working in or supervising community banks having less than $10,000,000,000 in total assets. (b) Effective date The amendment made by this section shall take effect on the date of enactment of this Act and apply to appointments made on and after that effective date, excluding any nomination pending in the Senate on that date. 110. Advisory Committee on Risk-Sharing Mechanisms (a) Finding; rule of construction (1) Finding Congress finds that it is desirable to encourage the growth of nongovernmental, private market reinsurance capacity for protection against losses arising from acts of terrorism. (2) Rule of construction Nothing in this Act, any amendment made by this Act, or the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 (b) Advisory Committee on Risk-Sharing Mechanisms (1) Establishment The Secretary of the Treasury shall establish and appoint an advisory committee to be known as the Advisory Committee on Risk-Sharing Mechanisms Advisory Committee (2) Duties The Advisory Committee shall provide advice, recommendations, and encouragement with respect to the creation and development of the nongovernmental risk-sharing mechanisms described under subsection (a). (3) Membership The Advisory Committee shall be composed of 9 members who are directors, officers, or other employees of insurers, reinsurers, or capital market participants that are participating or that desire to participate in the nongovernmental risk-sharing mechanisms described under subsection (a), and who are representative of the affected sectors of the insurance industry, including commercial property insurance, commercial casualty insurance, reinsurance, and alternative risk transfer industries. (c) Effective date The provisions of this section shall take effect on January 1, 2015. 111. Reporting of terrorism insurance data Section 104 ( 15 U.S.C. 6701 (h) Reporting of terrorism insurance data (1) Authority During the calendar year beginning on January 1, 2016, and in each calendar year thereafter, the Secretary shall require insurers participating in the Program to submit to the Secretary such information regarding insurance coverage for terrorism losses of such insurers as the Secretary considers appropriate to analyze the effectiveness of the Program, which shall include information regarding— (A) lines of insurance with exposure to such losses; (B) premiums earned on such coverage; (C) geographical location of exposures; (D) pricing of such coverage; (E) the take-up rate for such coverage; (F) the amount of private reinsurance for acts of terrorism purchased; and (G) such other matters as the Secretary considers appropriate. (2) Reports Not later than June 30, 2016, and every other June 30 thereafter, the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that includes— (A) an analysis of the overall effectiveness of the Program; (B) an evaluation of any changes or trends in the data collected under paragraph (1); (C) an evaluation of whether any aspects of the Program have the effect of discouraging or impeding insurers from providing commercial property casualty insurance coverage or coverage for acts of terrorism; (D) an evaluation of the impact of the Program on workers’ compensation insurers; and (E) in the case of the data reported in paragraph (1)(B), an updated estimate of the total amount earned since January 1, 2003. (3) Protection of data To the extent possible, the Secretary shall contract with an insurance statistical aggregator to collect the information described in paragraph (1), which shall keep any nonpublic information confidential and provide it to the Secretary in an aggregate form or in such other form or manner that does not permit identification of the insurer submitting such information. (4) Advance coordination Before collecting any data or information under paragraph (1) from an insurer, or affiliate of an insurer, the Secretary shall coordinate with the appropriate State insurance regulatory authorities and any relevant government agency or publicly available sources to determine if the information to be collected is available from, and may be obtained in a timely manner by, individually or collectively, such entities. If the Secretary determines that such data or information is available, and may be obtained in a timely matter, from such entities, the Secretary shall obtain the data or information from such entities. If the Secretary determines that such data or information is not so available, the Secretary may collect such data or information from an insurer and affiliates. (5) Confidentiality (A) Retention of privilege The submission of any non-publicly available data and information to the Secretary and the sharing of any non-publicly available data with or by the Secretary among other Federal agencies, the State insurance regulatory authorities, or any other entities under this subsection shall not constitute a waiver of, or otherwise affect, any privilege arising under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject. (B) Continued application of prior confidentiality agreements Any requirement under Federal or State law to the extent otherwise applicable, or any requirement pursuant to a written agreement in effect between the original source of any non-publicly available data or information and the source of such data or information to the Secretary, regarding the privacy or confidentiality of any data or information in the possession of the source to the Secretary, shall continue to apply to such data or information after the data or information has been provided pursuant to this subsection. (C) Information-sharing agreement Any data or information obtained by the Secretary under this subsection may be made available to State insurance regulatory authorities, individually or collectively through an information-sharing agreement that— (i) shall comply with applicable Federal law; and (ii) shall not constitute a waiver of, or otherwise affect, any privilege under Federal or State law (including any privilege referred to in subparagraph (A) and the rules of any Federal or State court) to which the data or information is otherwise subject. (D) Agency disclosure requirements Section 552 . 112. Annual study of small insurer market competitiveness Section 108 ( 15 U.S.C. 6701 (h) Study of small insurer market competitiveness (1) In general Not later than June 30, 2017, and every other June 30 thereafter, the Secretary shall conduct a study of small insurers (as such term is defined by regulation by the Secretary) participating in the Program, and identify any competitive challenges small insurers face in the terrorism risk insurance marketplace, including— (A) changes to the market share, premium volume, and policyholder surplus of small insurers relative to large insurers; (B) how the property and casualty insurance market for terrorism risk differs between small and large insurers, and whether such a difference exists within other perils; (C) the impact of the Program’s mandatory availability requirement under section 103(c) on small insurers; (D) the effect of increasing the trigger amount for the Program under section 103(e)(1)(B) on small insurers; (E) the availability and cost of private reinsurance for small insurers; and (F) the impact that State workers compensation laws have on small insurers and workers compensation carriers in the terrorism risk insurance marketplace. (2) Report The Secretary shall submit a report to the Congress setting forth the findings and conclusions of each study required under paragraph (1). . II National Association of Registered Agents and Brokers Reform 201. Short title This title may be cited as the National Association of Registered Agents and Brokers Reform Act of 2014 202. Reestablishment of the National Association of Registered Agents and Brokers (a) In general Subtitle C of title III of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6751 et seq. C National Association of Registered Agents and Brokers 321. National Association of Registered Agents and Brokers (a) Establishment There is established the National Association of Registered Agents and Brokers (referred to in this subtitle as the Association (b) Status The Association shall— (1) be a nonprofit corporation; (2) not be an agent or instrumentality of the Federal Government; (3) be an independent organization that may not be merged with or into any other private or public entity; and (4) except as otherwise provided in this subtitle, be subject to, and have all the powers conferred upon, a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–301.01 et seq.) or any successor thereto. 322. Purpose The purpose of the Association shall be to provide a mechanism through which licensing, continuing education, and other nonresident insurance producer qualification requirements and conditions may be adopted and applied on a multi-state basis without affecting the laws, rules, and regulations, and preserving the rights of a State, pertaining to— (1) licensing, continuing education, and other qualification requirements of insurance producers that are not members of the Association; (2) resident or nonresident insurance producer appointment requirements; (3) supervising and disciplining resident and nonresident insurance producers; (4) establishing licensing fees for resident and nonresident insurance producers so that there is no loss of insurance producer licensing revenue to the State; and (5) prescribing and enforcing laws and regulations regulating the conduct of resident and nonresident insurance producers. 323. Membership (a) Eligibility (1) In general Any insurance producer licensed in its home State shall, subject to paragraphs (2) and (4), be eligible to become a member of the Association. (2) Ineligibility for suspension or revocation of license Subject to paragraph (3), an insurance producer is not eligible to become a member of the Association if a State insurance regulator has suspended or revoked the insurance license of the insurance producer in that State. (3) Resumption of eligibility Paragraph (2) shall cease to apply to any insurance producer if— (A) the State insurance regulator reissues or renews the license of the insurance producer in the State in which the license was suspended or revoked, or otherwise terminates or vacates the suspension or revocation; or (B) the suspension or revocation expires or is subsequently overturned by a court of competent jurisdiction. (4) Criminal history record check required (A) In general An insurance producer who is an individual shall not be eligible to become a member of the Association unless the insurance producer has undergone a criminal history record check that complies with regulations prescribed by the Attorney General of the United States under subparagraph (K). (B) Criminal history record check requested by home State An insurance producer who is licensed in a State and who has undergone a criminal history record check during the 2-year period preceding the date of submission of an application to become a member of the Association, in compliance with a requirement to undergo such criminal history record check as a condition for such licensure in the State, shall be deemed to have undergone a criminal history record check for purposes of subparagraph (A). (C) Criminal history record check requested by Association (i) In general The Association shall, upon request by an insurance producer licensed in a State, submit fingerprints or other identification information obtained from the insurance producer, and a request for a criminal history record check of the insurance producer, to the Federal Bureau of Investigation. (ii) Procedures The board of directors of the Association (referred to in this subtitle as the Board (D) Form of request A submission under subparagraph (C)(i) shall include such fingerprints or other identification information as is required by the Attorney General concerning the person about whom the criminal history record check is requested, and a statement signed by the person authorizing the Attorney General to provide the information to the Association and for the Association to receive the information. (E) Provision of information by Attorney General Upon receiving a submission under subparagraph (C)(i) from the Association, the Attorney General shall search all criminal history records of the Federal Bureau of Investigation, including records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, that the Attorney General determines appropriate for criminal history records corresponding to the fingerprints or other identification information provided under subparagraph (D) and provide all criminal history record information included in the request to the Association. (F) Limitation on permissible uses of information Any information provided to the Association under subparagraph (E) may only— (i) be used for purposes of determining compliance with membership criteria established by the Association; (ii) be disclosed to State insurance regulators, or Federal or State law enforcement agencies, in conformance with applicable law; or (iii) be disclosed, upon request, to the insurance producer to whom the criminal history record information relates. (G) Penalty for improper use or disclosure Whoever knowingly uses any information provided under subparagraph (E) for a purpose not authorized in subparagraph (F), or discloses any such information to anyone not authorized to receive it, shall be fined not more than $50,000 per violation as determined by a court of competent jurisdiction. (H) Reliance on information Neither the Association nor any of its Board members, officers, or employees shall be liable in any action for using information provided under subparagraph (E) as permitted under subparagraph (F) in good faith and in reasonable reliance on its accuracy. (I) Fees The Attorney General may charge a reasonable fee for conducting the search and providing the information under subparagraph (E), and any such fee shall be collected and remitted by the Association to the Attorney General. (J) Rule of construction Nothing in this paragraph shall be construed as— (i) requiring a State insurance regulator to perform criminal history record checks under this section; or (ii) limiting any other authority that allows access to criminal history records. (K) Regulations The Attorney General shall prescribe regulations to carry out this paragraph, which shall include— (i) appropriate protections for ensuring the confidentiality of information provided under subparagraph (E); and (ii) procedures providing a reasonable opportunity for an insurance producer to contest the accuracy of information regarding the insurance producer provided under subparagraph (E). (L) Ineligibility for membership (i) In general The Association may, under reasonably consistently applied standards, deny membership to an insurance producer on the basis of criminal history record information provided under subparagraph (E), or where the insurance producer has been subject to disciplinary action, as described in paragraph (2). (ii) Rights of applicants denied membership The Association shall notify any insurance producer who is denied membership on the basis of criminal history record information provided under subparagraph (E) of the right of the insurance producer to— (I) obtain a copy of all criminal history record information provided to the Association under subparagraph (E) with respect to the insurance producer; and (II) challenge the denial of membership based on the accuracy and completeness of the information. (M) Definition For purposes of this paragraph, the term criminal history record check (b) Authority to establish membership criteria The Association may establish membership criteria that bear a reasonable relationship to the purposes for which the Association was established. (c) Establishment of classes and categories of membership (1) Classes of membership The Association may establish separate classes of membership, with separate criteria, if the Association reasonably determines that performance of different duties requires different levels of education, training, experience, or other qualifications. (2) Business entities The Association shall establish a class of membership and membership criteria for business entities. A business entity that applies for membership shall be required to designate an individual Association member responsible for the compliance of the business entity with Association standards and the insurance laws, standards, and regulations of any State in which the business entity seeks to do business on the basis of Association membership. (3) Categories (A) Separate categories for insurance producers permitted The Association may establish separate categories of membership for insurance producers and for other persons or entities within each class, based on the types of licensing categories that exist under State laws. (B) Separate treatment for depository institutions prohibited No special categories of membership, and no distinct membership criteria, shall be established for members that are depository institutions or for employees, agents, or affiliates of depository institutions. (d) Membership criteria (1) In general The Association may establish criteria for membership which shall include standards for personal qualifications, education, training, and experience. The Association shall not establish criteria that unfairly limit the ability of a small insurance producer to become a member of the Association, including imposing discriminatory membership fees. (2) Qualifications In establishing criteria under paragraph (1), the Association shall not adopt any qualification less protective to the public than that contained in the National Association of Insurance Commissioners (referred to in this subtitle as the NAIC (3) Assistance from States (A) In general The Association may request a State to provide assistance in investigating and evaluating the eligibility of a prospective member for membership in the Association. (B) Authorization of information sharing A submission under subsection (a)(4)(C)(i) made by an insurance producer licensed in a State shall include a statement signed by the person about whom the assistance is requested authorizing— (i) the State to share information with the Association; and (ii) the Association to receive the information. (C) Rule of construction Subparagraph (A) shall not be construed as requiring or authorizing any State to adopt new or additional requirements concerning the licensing or evaluation of insurance producers. (4) Denial of membership The Association may, based on reasonably consistently applied standards, deny membership to any State-licensed insurance producer for failure to meet the membership criteria established by the Association. (e) Effect of membership (1) Authority of association members Membership in the Association shall— (A) authorize an insurance producer to sell, solicit, or negotiate insurance in any State for which the member pays the licensing fee set by the State for any line or lines of insurance specified in the home State license of the insurance producer, and exercise all such incidental powers as shall be necessary to carry out such activities, including claims adjustments and settlement to the extent permissible under the laws of the State, risk management, employee benefits advice, retirement planning, and any other insurance-related consulting activities; (B) be the equivalent of a nonresident insurance producer license for purposes of authorizing the insurance producer to engage in the activities described in subparagraph (A) in any State where the member pays the licensing fee; and (C) be the equivalent of a nonresident insurance producer license for the purpose of subjecting an insurance producer to all laws, regulations, provisions or other action of any State concerning revocation, suspension, or other enforcement action related to the ability of a member to engage in any activity within the scope of authority granted under this subsection and to all State laws, regulations, provisions, and actions preserved under paragraph (5). (2) Violent Crime Control and Law Enforcement Act of 1994 Nothing in this subtitle shall be construed to alter, modify, or supercede any requirement established by section 1033 (3) Agent for remitting fees The Association shall act as an agent for any member for purposes of remitting licensing fees to any State pursuant to paragraph (1). (4) Notification of action (A) In general The Association shall notify the States (including State insurance regulators) and the NAIC when an insurance producer has satisfied the membership criteria of this section. The States (including State insurance regulators) shall have 10 business days after the date of the notification in order to provide the Association with evidence that the insurance producer does not satisfy the criteria for membership in the Association. (B) Ongoing disclosures required On an ongoing basis, the Association shall disclose to the States (including State insurance regulators) and the NAIC a list of the States in which each member is authorized to operate. The Association shall immediately notify the States (including State insurance regulators) and the NAIC when a member is newly authorized to operate in one or more States, or is no longer authorized to operate in one or more States on the basis of Association membership. (5) Preservation of consumer protection and market conduct regulation (A) In general No provision of this section shall be construed as altering or affecting the applicability or continuing effectiveness of any law, regulation, provision, or other action of any State, including those described in subparagraph (B), to the extent that the State law, regulation, provision, or other action is not inconsistent with the provisions of this subtitle related to market entry for nonresident insurance producers, and then only to the extent of the inconsistency. (B) Preserved regulations The laws, regulations, provisions, or other actions of any State referred to in subparagraph (A) include laws, regulations, provisions, or other actions that— (i) regulate market conduct, insurance producer conduct, or unfair trade practices; (ii) establish consumer protections; or (iii) require insurance producers to be appointed by a licensed or authorized insurer. (f) Biennial renewal Membership in the Association shall be renewed on a biennial basis. (g) Continuing education (1) In general The Association shall establish, as a condition of membership, continuing education requirements which shall be comparable to the continuing education requirements under the licensing laws of a majority of the States. (2) State continuing education requirements A member may not be required to satisfy continuing education requirements imposed under the laws, regulations, provisions, or actions of any State other than the home State of the member. (3) Reciprocity The Association shall not require a member to satisfy continuing education requirements that are equivalent to any continuing education requirements of the home State of the member that have been satisfied by the member during the applicable licensing period. (4) Limitation on the Association The Association shall not directly or indirectly offer any continuing education courses for insurance producers. (h) Probation, suspension and revocation (1) Disciplinary action The Association may place an insurance producer that is a member of the Association on probation or suspend or revoke the membership of the insurance producer in the Association, or assess monetary fines or penalties, as the Association determines to be appropriate, if— (A) the insurance producer fails to meet the applicable membership criteria or other standards established by the Association; (B) the insurance producer has been subject to disciplinary action pursuant to a final adjudicatory proceeding under the jurisdiction of a State insurance regulator; (C) an insurance license held by the insurance producer has been suspended or revoked by a State insurance regulator; or (D) the insurance producer has been convicted of a crime that would have resulted in the denial of membership pursuant to subsection (a)(4)(L)(i) at the time of application, and the Association has received a copy of the final disposition from a court of competent jurisdiction. (2) Violations of Association standards The Association shall have the power to investigate alleged violations of Association standards. (3) Reporting The Association shall immediately notify the States (including State insurance regulators) and the NAIC when the membership of an insurance producer has been placed on probation or has been suspended, revoked, or otherwise terminated, or when the Association has assessed monetary fines or penalties. (i) Consumer complaints (1) In general The Association shall— (A) refer any complaint against a member of the Association from a consumer relating to alleged misconduct or violations of State insurance laws to the State insurance regulator where the consumer resides and, when appropriate, to any additional State insurance regulator, as determined by standards adopted by the Association; and (B) make any related records and information available to each State insurance regulator to whom the complaint is forwarded. (2) Telephone and other access The Association shall maintain a toll-free number for purposes of this subsection and, as practicable, other alternative means of communication with consumers, such as an Internet webpage. (3) Final disposition of investigation State insurance regulators shall provide the Association with information regarding the final disposition of a complaint referred pursuant to paragraph (1)(A), but nothing shall be construed to compel a State to release confidential investigation reports or other information protected by State law to the Association. (j) Information sharing The Association may— (1) share documents, materials, or other information, including confidential and privileged documents, with a State, Federal, or international governmental entity or with the NAIC or other appropriate entity referred to paragraphs (3) and (4), provided that the recipient has the authority and agrees to maintain the confidentiality or privileged status of the document, material, or other information; (2) limit the sharing of information as required under this subtitle with the NAIC or any other non-governmental entity, in circumstances under which the Association determines that the sharing of such information is unnecessary to further the purposes of this subtitle; (3) establish a central clearinghouse, or utilize the NAIC or another appropriate entity, as determined by the Association, as a central clearinghouse, for use by the Association and the States (including State insurance regulators), through which members of the Association may disclose their intent to operate in 1 or more States and pay the licensing fees to the appropriate States; and (4) establish a database, or utilize the NAIC or another appropriate entity, as determined by the Association, as a database, for use by the Association and the States (including State insurance regulators) for the collection of regulatory information concerning the activities of insurance producers. (k) Effective Date The provisions of this section shall take effect on the later of— (1) the expiration of the 2-year period beginning on the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2014; and (2) the date of incorporation of the Association. 324. Board of directors (a) Establishment There is established a board of directors of the Association, which shall have authority to govern and supervise all activities of the Association. (b) Powers The Board shall have such of the powers and authority of the Association as may be specified in the bylaws of the Association. (c) Composition (1) In general The Board shall consist of 13 members who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112 th (A) 8 shall be State insurance commissioners appointed in the manner provided in paragraph (2), 1 of whom shall be designated by the President to serve as the chairperson of the Board until the Board elects one such State insurance commissioner Board member to serve as the chairperson of the Board; (B) 3 shall have demonstrated expertise and experience with property and casualty insurance producer licensing; and (C) 2 shall have demonstrated expertise and experience with life or health insurance producer licensing. (2) State insurance regulator representatives (A) Recommendations Before making any appointments pursuant to paragraph (1)(A), the President shall request a list of recommended candidates from the States through the NAIC, which shall not be binding on the President. If the NAIC fails to submit a list of recommendations not later than 15 business days after the date of the request, the President may make the requisite appointments without considering the views of the NAIC. (B) Political affiliation Not more than 4 Board members appointed under paragraph (1)(A) shall belong to the same political party. (C) Former State insurance commissioners (i) In general If, after offering each currently serving State insurance commissioner an appointment to the Board, fewer than 8 State insurance commissioners have accepted appointment to the Board, the President may appoint the remaining State insurance commissioner Board members, as required under paragraph (1)(A), of the appropriate political party as required under subparagraph (B), from among individuals who are former State insurance commissioners. (ii) Limitation A former State insurance commissioner appointed as described in clause (i) may not be employed by or have any present direct or indirect financial interest in any insurer, insurance producer, or other entity in the insurance industry, other than direct or indirect ownership of, or beneficial interest in, an insurance policy or annuity contract written or sold by an insurer. (D) Service through term If a Board member appointed under paragraph (1)(A) ceases to be a State insurance commissioner during the term of the Board member, the Board member shall cease to be a Board member. (3) Private sector representatives In making any appointment pursuant to subparagraph (B) or (C) of paragraph (1), the President may seek recommendations for candidates from groups representing the category of individuals described, which shall not be binding on the President. (4) State insurance commissioner defined For purposes of this subsection, the term State insurance commissioner (d) Terms (1) In general Except as provided under paragraph (2), the term of service for each Board member shall be 2 years. (2) Exceptions (A) 1-year terms The term of service shall be 1 year, as designated by the President at the time of the nomination of the subject Board members for— (i) 4 of the State insurance commissioner Board members initially appointed under paragraph (1)(A), of whom not more than 2 shall belong to the same political party; (ii) 1 of the Board members initially appointed under paragraph (1)(B); and (iii) 1 of the Board members initially appointed under paragraph (1)(C). (B) Expiration of Term A Board member may continue to serve after the expiration of the term to which the Board member was appointed for the earlier of 2 years or until a successor is appointed. (C) Mid-term appointments A Board member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the Board member was appointed shall be appointed only for the remainder of that term. (3) Successive terms Board members may be reappointed to successive terms. (e) Initial appointments The appointment of initial Board members shall be made no later than 90 days after the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2014 (f) Meetings (1) In general The Board shall meet— (A) at the call of the chairperson; (B) as requested in writing to the chairperson by not fewer than 5 Board members; or (C) as otherwise provided by the bylaws of the Association. (2) Quorum required A majority of all Board members shall constitute a quorum. (3) Voting Decisions of the Board shall require the approval of a majority of all Board members present at a meeting, a quorum being present. (4) Initial meeting The Board shall hold its first meeting not later than 45 days after the date on which all initial Board members have been appointed. (g) Restriction on confidential information Board members appointed pursuant to subparagraphs (B) and (C) of subsection (c)(1) shall not have access to confidential information received by the Association in connection with complaints, investigations, or disciplinary proceedings involving insurance producers. (h) Ethics and conflicts of interest The Board shall issue and enforce an ethical conduct code to address permissible and prohibited activities of Board members and Association officers, employees, agents, or consultants. The code shall, at a minimum, include provisions that prohibit any Board member or Association officer, employee, agent or consultant from— (1) engaging in unethical conduct in the course of performing Association duties; (2) participating in the making or influencing the making of any Association decision, the outcome of which the Board member, officer, employee, agent, or consultant knows or had reason to know would have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the person or a member of the immediate family of the person; (3) accepting any gift from any person or entity other than the Association that is given because of the position held by the person in the Association; (4) making political contributions to any person or entity on behalf of the Association; and (5) lobbying or paying a person to lobby on behalf of the Association. (i) Compensation (1) In general Except as provided in paragraph (2), no Board member may receive any compensation from the Association or any other person or entity on account of Board membership. (2) Travel expenses and per diem Board members may be reimbursed only by the Association for travel expenses, including per diem in lieu of subsistence, at rates consistent with rates authorized for employees of Federal agencies under subchapter I of chapter 57 325. Bylaws, standards, and disciplinary actions (a) Adoption and amendment of bylaws and standards (1) Procedures The Association shall adopt procedures for the adoption of bylaws and standards that are similar to procedures under subchapter II of chapter 5 Administrative Procedure Act (2) Copy required to be filed The Board shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, all proposed bylaws and standards of the Association, or any proposed amendment to the bylaws or standards of the Association, accompanied by a concise general statement of the basis and purpose of such proposal. (3) Effective date Any proposed bylaw or standard of the Association, and any proposed amendment to the bylaws or standards of the Association, shall take effect, after notice under paragraph (2) and opportunity for public comment, on such date as the Association may designate, unless suspended under section 329(c). (4) Rule of construction Nothing in this section shall be construed to subject the Board or the Association to the requirements of subchapter II of chapter 5 Administrative Procedure Act (b) Disciplinary action by the Association (1) Specification of charges In any proceeding to determine whether membership shall be denied, suspended, revoked, or not renewed, or to determine whether a member of the Association should be placed on probation (referred to in this section as a disciplinary action (2) Supporting statement A determination to take disciplinary action shall be supported by a statement setting forth— (A) any act or practice in which the member has been found to have been engaged; (B) the specific provision of this subtitle or standard of the Association that any such act or practice is deemed to violate; and (C) the sanction imposed and the reason for the sanction. (3) Ineligibility of private sector representatives Board members appointed pursuant to section 324(c)(3) may not— (A) participate in any disciplinary action or be counted toward establishing a quorum during a disciplinary action; and (B) have access to confidential information concerning any disciplinary action. 326. Powers In addition to all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act, the Association shall have the power to— (1) establish and collect such membership fees as the Association finds necessary to impose to cover the costs of its operations; (2) adopt, amend, and repeal bylaws, procedures, or standards governing the conduct of Association business and performance of its duties; (3) establish procedures for providing notice and opportunity for comment pursuant to section 325(a); (4) enter into and perform such agreements as necessary to carry out the duties of the Association; (5) hire employees, professionals, or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of this subtitle, and determine their qualification; (6) establish personnel policies of the Association and programs relating to, among other things, conflicts of interest, rates of compensation, where applicable, and qualifications of personnel; (7) borrow money; and (8) secure funding for such amounts as the Association determines to be necessary and appropriate to organize and begin operations of the Association, which shall be treated as loans to be repaid by the Association with interest at market rate. 327. Report by the Association (a) In general As soon as practicable after the close of each fiscal year, the Association shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, a written report regarding the conduct of its business, and the exercise of the other rights and powers granted by this subtitle, during such fiscal year. (b) Financial statements Each report submitted under subsection (a) with respect to any fiscal year shall include audited financial statements setting forth the financial position of the Association at the end of such fiscal year and the results of its operations (including the source and application of its funds) for such fiscal year. 328. Liability of the Association and the Board members, officers, and employees of the Association (a) In general The Association shall not be deemed to be an insurer or insurance producer within the meaning of any State law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance, including provisions imposing premium taxes, regulating insurer solvency or financial condition, establishing guaranty funds and levying assessments, or requiring claims settlement practices. (b) Liability of Board members, officers, and employees No Board member, officer, or employee of the Association shall be personally liable to any person for any action taken or omitted in good faith in any matter within the scope of their responsibilities in connection with the Association. 329. Presidential oversight (a) Removal of Board If the President determines that the Association is acting in a manner contrary to the interests of the public or the purposes of this subtitle or has failed to perform its duties under this subtitle, the President may remove the entire existing Board for the remainder of the term to which the Board members were appointed and appoint, in accordance with section 324 and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112 th (b) Removal of Board member The President may remove a Board member only for neglect of duty or malfeasance in office. (c) Suspension of bylaws and standards and prohibition of actions Following notice to the Board, the President, or a person designated by the President for such purpose, may suspend the effectiveness of any bylaw or standard, or prohibit any action, of the Association that the President or the designee determines is contrary to the purposes of this subtitle. 330. Relationship to State law (a) Preemption of State laws State laws, regulations, provisions, or other actions purporting to regulate insurance producers shall be preempted to the extent provided in subsection (b). (b) Prohibited actions (1) In general No State shall— (A) impede the activities of, take any action against, or apply any provision of law or regulation arbitrarily or discriminatorily to, any insurance producer because that insurance producer or any affiliate plans to become, has applied to become, or is a member of the Association; (B) impose any requirement upon a member of the Association that it pay fees different from those required to be paid to that State were it not a member of the Association; or (C) impose any continuing education requirements on any nonresident insurance producer that is a member of the Association. (2) States other than a home State No State, other than the home State of a member of the Association, shall— (A) impose any licensing, personal or corporate qualifications, education, training, experience, residency, continuing education, or bonding requirement upon a member of the Association that is different from the criteria for membership in the Association or renewal of such membership; (B) impose any requirement upon a member of the Association that it be licensed, registered, or otherwise qualified to do business or remain in good standing in the State, including any requirement that the insurance producer register as a foreign company with the secretary of state or equivalent State official; (C) require that a member of the Association submit to a criminal history record check as a condition of doing business in the State; or (D) impose any licensing, registration, or appointment requirements upon a member of the Association, or require a member of the Association to be authorized to operate as an insurance producer, in order to sell, solicit, or negotiate insurance for commercial property and casualty risks to an insured with risks located in more than one State, if the member is licensed or otherwise authorized to operate in the State where the insured maintains its principal place of business and the contract of insurance insures risks located in that State. (3) Preservation of State disciplinary authority Nothing in this section may be construed to prohibit a State from investigating and taking appropriate disciplinary action, including suspension or revocation of authority of an insurance producer to do business in a State, in accordance with State law and that is not inconsistent with the provisions of this section, against a member of the Association as a result of a complaint or for any alleged activity, regardless of whether the activity occurred before or after the insurance producer commenced doing business in the State pursuant to Association membership. 331. Coordination with Financial Industry Regulatory Authority The Association shall coordinate with the Financial Industry Regulatory Authority in order to ease any administrative burdens that fall on members of the Association that are subject to regulation by the Financial Industry Regulatory Authority, consistent with the requirements of this subtitle and the Federal securities laws. 332. Right of action (a) Right of action Any person aggrieved by a decision or action of the Association may, after reasonably exhausting available avenues for resolution within the Association, commence a civil action in an appropriate United States district court, and obtain all appropriate relief. (b) Association interpretations In any action under subsection (a), the court shall give appropriate weight to the interpretation of the Association of its bylaws and standards and this subtitle. 333. Federal funding prohibited The Association may not receive, accept, or borrow any amounts from the Federal Government to pay for, or reimburse, the Association for, the costs of establishing or operating the Association. 334. Definitions For purposes of this subtitle, the following definitions shall apply: (1) Business entity The term business entity (2) Depository institution The term depository institution 12 U.S.C. 1813 (3) Home State The term home State (4) Insurance The term insurance (5) Insurance producer The term insurance producer (6) Insurer The term insurer section 313(e)(2)(B) (7) Principal place of business The term principal place of business (8) Principal place of residence The term principal place of residence (9) State The term State (10) State law (A) In general The term State law (B) Laws applicable in the District of Columbia A law of the United States applicable only to or within the District of Columbia shall be treated as a State law rather than a law of the United States. . (b) Technical amendment The table of contents for the Gramm-Leach-Bliley Act is amended by striking the items relating to subtitle C of title III and inserting the following new items: Subtitle C—National Association of Registered Agents and Brokers Sec. 321. National Association of Registered Agents and Brokers. Sec. 322. Purpose. Sec. 323. Membership. Sec. 324. Board of directors. Sec. 325. Bylaws, standards, and disciplinary actions. Sec. 326. Powers. Sec. 327. Report by the Association. Sec. 328. Liability of the Association and the Board members, officers, and employees of the Association. Sec. 329. Presidential oversight. Sec. 330. Relationship to State law. Sec. 331. Coordination with financial industry regulatory authority. Sec. 332. Right of action. Sec. 333. Federal funding prohibited. Sec. 334. Definitions. . III Business Risk Mitigation and Price Stabilization 301. Short title This title may be cited as the Business Risk Mitigation and Price Stabilization Act of 2014 302. Margin requirements (a) Commodity Exchange Act amendment Section 4s(e) of the Commodity Exchange Act ( 7 U.S.C. 6s(e) (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in such exemption, or satisfies the criteria in section 2(h)(7)(D). . (b) Securities Exchange Act amendment Section 15F(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–10(e) (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4). . 303. Implementation The amendments made by this title to the Commodity Exchange Act shall be implemented— (1) without regard to— (A) chapter 35 (B) the notice and comment provisions of section 553 (2) through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued; and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of such amendments. Lorraine Miller Clerk.

Terrorism Risk Insurance Program Reauthorization Act of 2014

District of Columbia Paperwork Reduction Act - Amends the District of Columbia Home Rule Act to eliminate congressional review of newly-passed District laws.

113 S2245 IS: District of Columbia Paperwork Reduction Act U.S. Senate 2014-04-10 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. 2245 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Begich Mr. Carper Committee on Homeland Security and Governmental Affairs A BILL To amend the District of Columbia Home Rule Act to streamline the District's legislative process and conserve taxpayer dollars. 1. Short title; references in Act (a) Short title This Act may be cited as the District of Columbia Paperwork Reduction Act (b) References in Act Except as may otherwise be provided, whenever in this Act an amendment 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 that section or other provision of the District of Columbia Home Rule Act. 2. Elimination of Congressional review of newly passed District laws (a) In general Section 602 (sec. 1–206.02, D.C. Official Code) is amended by striking subsection (c). (b) Congressional resolutions of disapproval (1) In general The District of Columbia Home Rule Act is amended by striking section 604 (sec. 1–206.04, D.C. Official Code). (2) Clerical amendment The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power This subsection and the amendments made by this subsection are enacted by Congress— (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (c) Conforming amendments (1) District of Columbia Home Rule Act (A) Section 303 (sec. 1–203.03, D.C. Official Code) is amended— (i) in subsection (a), by striking the second sentence; and (ii) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (B) Section 404(e) (sec. 1–204.04(3), D.C. Official Code) is amended by striking subject to the provisions of section 602(c) (C) Section 462 (sec. 1–204.62, D.C. Official Code) is amended— (i) in subsection (a), by striking (a) The Council The Council (ii) by striking subsections (b) and (c). (D) Section 472(d) (sec. 1–204.72(d), D.C. Official Code) is amended to read as follows: (d) Payments not subject to appropriation The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a). . (E) Section 475(e) (sec. 1–204.75(e), D.C. Official Code) is amended to read as follows: (e) Payments not subject to appropriation The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under this section. . (2) Other laws (A) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1–204.102(b)(1), D.C. Official Code) is amended by striking the appropriate custodian portion of such act to (B) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1–204.105, D.C. Official Code) is amended by striking , and such act (C) Section 16 of the District of Columbia Election Code of 1955 (sec. 1–1001.16, D.C. Official Code)— (i) in subsection (j)(2)— (I) by striking sections 404 and 602(c) section 404 (II) by striking the second sentence; and (ii) in subsection (m)— (I) in the first sentence, by striking the appropriate custodian parts of such act to (II) by striking is held. If, however, after is held unless, under (III) by striking section, the act which section. 3. Effective date The amendments made by this Act shall apply with respect to each act of the District of Columbia— (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor’s signature; or (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 2014.

District of Columbia Paperwork Reduction Act

District of Columbia Budget Accountability Act of 2014 - Amends the District of Columbia Home Rule Act to: (1) repeal the current fiscal years for the Armory Board and the District of Columbia Public Schools, and (2) authorize a change of D.C. fiscal year by an act of the D.C. Council. Repeals the requirement that the D.C. Council submit to the President for transmission to Congress the annual budget for the D.C. Government, except during a control year as defined by the District of Columbia Financial Responsibility and Management Assistance Act of 1995. Repeals the requirement that the D.C. Council Chairman transmit to the President any item or provision of an adopted budget which the Council has reenacted after a line-item veto by the Mayor. Repeals the requirement that hiring, assignment, and transfer by the Mayor of full-time or part-time employees be authorized by Act of Congress, except in a control year. Requires hiring, assignment, and transfer of employees to be authorized by Acts of the D.C. Council. Revises requirements for the effective dates of acts of the D.C. Council which take effect immediately because of emergency circumstances or which propose amendments to the District Charter. Revises the D.C. Council authority to increase spending in the case of a General Fund surplus or of increased revenue collections to replace congressional appropriations as the source of funds for such increases with local funds under the D.C. budget.

113 S2246 IS: District of Columbia Budget Accountability Act of 2014 U.S. Senate 2014-04-10 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. 2246 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Begich Mr. Carper Committee on Homeland Security and Governmental Affairs A BILL To amend the District of Columbia Home Rule Act to permit the Government of the District of Columbia to determine the fiscal year period, to make local funds of the District of Columbia for a fiscal year available for use by the District upon enactment of the local budget act for the year subject to a period of Congressional review, and for other purposes. 1. Short title This Act may be cited as the District of Columbia Budget Accountability Act of 2014 2. Fiscal year for District of Columbia Section 441(b) of the District of Columbia Home Rule Act (sec. 1–204.41, D.C. Official Code) is amended to read as follows: (b) Authorization To establish fiscal year by Act of Council The District may change the fiscal year of the District by an Act of the Council. If a change occurs, such fiscal year shall also constitute the budget and accounting year. . 3. Enactment of District of Columbia local budget (a) In general Section 446 of the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official Code) is amended to read as follows: 446. Enactment of local budget by District of Columbia (a) Adoption of budgets and supplements The Council, within 70 calendar days after receipt of the budget proposal from the Mayor, and after public hearing, shall by Act adopt the annual budget for the District of Columbia government. Any supplements thereto shall also be adopted by Act of the Council after public hearing. (b) Transmission to President during control years In the case of a budget for a fiscal year which is a control year, the budget so adopted shall be submitted by the Mayor to the President for transmission by the President to the Congress, except that the Mayor shall not transmit any such budget, or amendments or supplements thereto, to the President until the completion of the budget procedures contained in this Act and the District of Columbia Financial Responsibility and Management Assistance Act of 1995. (c) Prohibiting obligations and expenditures not authorized under budget Except as provided in section 445A(b), section 446B, section 467(d), section 471(c), section 472(d)(2), section 475(e)(2), section 483(d), and subsections (f), (g), (h)(3), and (i)(3) of section 490, no amount may be obligated or expended by any officer or employee of the District of Columbia government unless— (1) such amount has been approved by an Act of the Council (and then only in accordance with such authorization) and such Act has been transmitted by the Chairman to the Congress and has completed the review process under section 602(c)(3); or (2) in the case of an amount obligated or expended during a control year, such amount has been approved by an Act of Congress (and then only in accordance with such authorization). (d) Restrictions on reprogramming of amounts After the adoption of the annual budget for a fiscal year (beginning with the annual budget for fiscal year 1995), no reprogramming of amounts in the budget may occur unless the Mayor submits to the Council a request for such reprogramming and the Council approves the request, but only if any additional expenditures provided under such request for an activity are offset by reductions in expenditures for another activity. (e) Definition In this part, the term control year . (b) Conforming amendments (1) Sections 467(d), 471(c), 472(d)(2), 475(e)(2), and 483(d), and subsections (f), (g)(3), (h)(3), and (i)(3) of section 490 of such Act are each amended by striking The fourth sentence of section 446 Section 446(c) (2) The third sentence of section 412(a) of such Act (sec. 1–204.12(a), D.C. Official Code) is amended by inserting for a fiscal year which is a control year described in such section section 446 applies (3) Section 202(c)(2) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–392.02(c)(2), D.C. Official Code) is amended by striking the first sentence of section 446 section 446(a) (4) Section 202(c)(4)(A)(ii) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–392.02(c)(4)(A)(ii), D.C. Official Code) is amended by striking 446 446(b) (5) Section 202(c)(5)(C)(ii) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–392.02(c)(5)(C)(ii), D.C. Official Code) is amended by striking 446 446(b) (6) Section 202(d)(3)(A) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–392.02(d)(3)(A), D.C. Official Code) is amended by striking the first sentence of section 446 section 446(a) (7) Section 11206 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24–106, D.C. Official Code) is amended by striking the fourth sentence of section 446 section 446(c) (c) Clerical amendment The item relating to section 446 in the table of contents of such Act is amended to read as follows: Sec. 446. Enactment of local budget by District of Columbia. . 4. Action by Council of District of Columbia on line-item vetoes by Mayor of provisions of budget acts Section 404(f) of the District of Columbia Home Rule Act (sec. 1–204.04(f), D.C. Official Code) is amended by striking transmitted by the Chairman to the President of the United States incorporated in such Act 5. Permitting employees to be hired if position authorized by Act of the Council Section 447 of the District of Columbia Home Rule Act (sec. 1–204.47, D.C. Official Code) is amended— (1) by striking Act of Congress act of the Council (or Act of Congress, in the case of a year which is a control year) (2) by striking Acts of Congress acts of the Council (or Acts of Congress, in the case of a year which is a control year) 6. Other conforming amendments to home rule act relating to changes in Federal role in budget process Section 603 of the District of Columbia Home Rule Act (sec. 1–206.03, D.C. Official Code) is amended— (1) in subsection (a), by inserting before the period at the end the following: for a fiscal year which is a control year (2) by striking subsection (d) and inserting the following: (d) Except as provided in subsection (f), the Council shall not transmit an Act under section 446(a) which is not balanced according to the provisions of subsection (c). . 7. Congressional review Section 602(c) of the District of Columbia Home Rule Act (sec. 1–206.02, D.C. Official Code) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) In the case of any Act transmitted under the first sentence of paragraph (1) to which section 446 applies and for which the fiscal year involved is not a control year, such Act shall take effect upon the expiration of the 30-calendar-day period beginning on the day such Act is transmitted, or upon the date prescribed by such Act, whichever is later, except as follows: (A) If such 30-day period expires and if either chamber has not been in session for at least 5 calendar days during such period, the effective date period applicable under this paragraph shall be extended for 5 additional days. (B) If during the period described in subparagraph (A), a joint resolution disapproving such Act has passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law, subsequent to the expiration of such period, shall be deemed to have repealed such Act, as of the date such resolution becomes law. The provisions of section 604 shall apply with respect to any joint resolution disapproving any Act pursuant to this subparagraph. . 8. Conforming amendments relating to federally authorized adjustments to local appropriations (a) Acceptance of grants not included in adopted budget (1) Authority to accept amounts Section 446B(a) of the District of Columbia Home Rule Act (sec. 1–204.46B(a), D.C. Official Code) is amended— (A) by striking the fourth sentence of section 446 section 446(c) (B) by striking approved by Act of Congress (2) Reports to Congress Section 446B(e) of such Act (sec. 1–204.46B(e), D.C. Official Code) is amended by striking submitted to the Council and to the submitted to the Council, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the (b) Authority To increase spending in case of general fund surplus Section 816 of the Financial Services and General Government Appropriations Act, 2009 (sec. 47–369.01, D.C. Official Code), is amended— (1) by striking the amount appropriated to the District of Columbia the amount of local funds under the budget of the District of Columbia (2) in paragraph (5), by striking the Mayor notifies the Mayor notifies the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and (c) Authority To increase spending in case of increased revenue collections (1) Authority to increase spending Section 817(a) of such Act (sec. 47–369.02(a), D.C. Official Code) is amended— (A) in the matter preceding paragraph (1), by striking the amount appropriated as District of Columbia funds the amount of local funds under the budget for the District of Columbia (B) in paragraph (1), by striking in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia in such budget (or, in the case of a fiscal year which is a control year, as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia) (C) in paragraph (2), by striking in such Proposed Budget and Financial Plan in such budget (or such Proposed Budget and Financial Plan) (2) Reports to Congress Section 817(b)(4) of such Act (sec. 47–369.02(b)(4), D.C. Official Code) is amended by striking the Mayor has notified the Mayor has notified the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and 9. Effective date The amendments made by this Act shall apply with respect to fiscal year 2015 (as described in section 441(a) of the District of Columbia Home Rule Act, as amended by section 2) and each succeeding fiscal year.

District of Columbia Budget Accountability Act of 2014

Contracting and Tax Accountability Act of 2014 - Requires the head of any executive agency that issues an invitation for bids or a request for proposals for a contract, or that offers a grant, in an amount greater than the simplified acquisition threshold, to require each person submitting a bid or proposal or grant application to submit a form: (1) certifying whether the person has a seriously delinquent tax debt, and (2) authorizing the Secretary of the Treasury to disclose information limited to describing whether such person has such a debt. Subjects a person who submits a certification that he or she has a seriously delinquent tax debt, or whose certification that he or she does not have such a debt is demonstrated to be false, to a negative responsibility determination when applying for a federal contract or grant. Provides for: (1) the suspension from the federal procurement process of a person who certifies that he or she has such a debt, and (2) debarment of a person whose certification that he or she does not have such a debt is demonstrated to be false. Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Exempts from such definition: (1) tax debts that are being paid in a timely manner under an approved installment agreement, and (2) debts for which a collection due process hearing has been requested or is pending.

113 S2247 IS: Contracting and Tax Accountability Act of 2014 U.S. Senate 2014-04-10 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. 2247 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mrs. McCaskill Committee on Homeland Security and Governmental Affairs A BILL To prohibit the awarding of a contract or grant in excess of the simplified acquisition threshold unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no seriously delinquent tax debts, and for other purposes. 1. Short title This Act may be cited as the Contracting and Tax Accountability Act of 2014 2. Governmental policy It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. 3. Disclosure and evaluation of contract offers from delinquent Federal debtors (a) In general The head of any executive agency that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold shall require each person that submits a bid or proposal to submit with the bid or proposal a form— (1) certifying whether the person has a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on responsibility determination The head of any executive agency, in evaluating any offer received in response to a solicitation issued by the agency for bids or proposals for a contract, shall consider a certification that the offeror has a seriously delinquent tax debt, or a certification that the offeror does not have a seriously delinquent tax debt that is demonstrated to be false by information received from the Secretary of the Treasury (as authorized under subsection (a)(2)), to be definitive proof that the offeror is not a responsible source as defined in section 113 of title 41, United States Code. (c) Suspension (1) Requirement Except as provided in paragraph (2), the head of an executive agency shall propose a person for suspension under subpart 9.4 of the Federal Acquisition Regulation after receiving an offer for a contract from such person if such offer contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt. (2) Waiver The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Debarment (1) Requirement Except as provided in paragraph (2), the head of an executive agency shall propose a person for debarment after receiving an offer for a contract from such person if— (A) such offer contains a certification (as required under subsection (a)(1)) that such person does not have a seriously delinquent tax debt; and (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that the certification submitted by such person is false. (2) Waiver The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (e) Release of information The Secretary of the Treasury shall make available to all executive agencies a standard form for the authorization described in subsection (a). (f) Revision of regulations Not later than 270 days after the date of enactment of this subsection, the Federal Acquisition Regulation shall be revised to incorporate the requirements of this section. 4. Disclosure and evaluation of grant applications from delinquent Federal debtors (a) In general The head of any executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold shall require each person applying for a grant to submit with the grant application a form— (1) certifying whether the person has a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the executive agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on determination of financial stability The head of any executive agency, in evaluating any application for a grant offered by the agency, shall consider a certification that the grant applicant has a seriously delinquent tax debt, or a certification that the offeror does not have a seriously delinquent tax debt that is demonstrated to be false by information received from the Secretary of the Treasury (as authorized under subsection (a)(2)), to be definitive proof that the applicant is high-risk and, if the applicant is awarded the grant, shall take appropriate measures under guidelines issued by the Office of Management and Budget for enhanced oversight of high-risk grantees. (c) Suspension (1) Requirement Except as provided in paragraph (2), the head of an executive agency shall propose a person for suspension under part 180 of title 2, Code of Federal Regulations, after receiving an offer for a grant from such person if such offer contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt. (2) Waiver The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Debarment (1) Requirement Except as provided in paragraph (2), the head of an executive agency shall propose a person for debarment under part 180 of title 2, Code of Federal Regulations, after receiving a grant application from such person if— (A) such application contains a certification (as required under subsection (a)(1)) that such person does not have a seriously delinquent tax debt; and (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that the certification submitted by such person is false. (2) Waiver The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to the appropriate congressional committees, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (e) Release of information The Secretary of the Treasury shall make available to all executive agencies a standard form for the authorization described in subsection (a). (f) Revision of regulations Not later than 270 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. 5. Definitions and special rules For purposes of this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Government Reform of the House of Representatives; and (C) the committees of the Senate and the House of Representatives with jurisdiction over the agency granting the waiver under section 4(c)(2). (2) Executive agency The term executive agency (3) Person (A) In general The term person (i) an individual; (ii) a partnership; and (iii) a corporation. (B) Exclusion The term person (C) Treatment of certain partnerships A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who— (i) holds an ownership interest of 50 percent or more in that partnership; and (ii) has a seriously delinquent tax debt. (D) Treatment of certain corporations A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who— (i) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and (ii) has a seriously delinquent tax debt. (4) Seriously delinquent tax debt (A) In general The term seriously delinquent tax debt (B) Exceptions Such term does not include— (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending. 6. Effective date This Act shall apply with respect to contracts and grants awarded on or after the date occurring 270 days after the date of the enactment of this Act.

Contracting and Tax Accountability Act of 2014

Expand School Meals Act of 2014 - Amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to require the Secretary of Agriculture (USDA) to gradually expand eligibility for free meals under the school lunch and breakfast programs to children whose family income falls at or below 185% of the federal poverty guidelines. (This makes children who are currently eligible for reduced price meals eligible for free meals.) Requires the Secretary to: (1) begin this expansion in the school year beginning July 1, 2014, in states that have enacted a law under which school food authorities provide free breakfasts or lunches in lieu of reduced price breakfasts or lunches in schools statewide; and (2) continue such expansion in up to five additional states in each subsequent school through the school year beginning on July 1, 2019. Makes the new income eligibility guidelines effective on such date. Amends the Internal Revenue Code to: (1) deny a tax deduction for any amount paid or incurred for punitive damages in connection with any judgment in, or settlement of, any action; and (2) include in gross income any amount paid as insurance or otherwise due to liability for punitive damages.

113 S2248 IS: Expand School Meals Act of 2014 U.S. Senate 2014-04-10 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. 2248 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Franken Committee on Finance A BILL To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals, with a phased-in transition period, with an offset. 1. Short title This Act may be cited as the Expand School Meals Act of 2014 I Transition period 101. Phased-in increase in States providing free school lunches and breakfasts Section 11 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a (h) Phased-In increase in States providing free school lunches and breakfasts (1) In general The Secretary shall expand the service of free lunches and breakfasts provided at schools participating in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 (2) Selection of States (A) In general A State that elects to participate in the program under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) First year For the school year beginning July 1, 2014, the Secretary shall enroll in the program under this subsection any State that, as of April 10, 2014, has enacted a law under which, in compliance with this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (as appropriate), school food authorities in the State provide free breakfasts or lunches in lieu of reduced-price breakfasts or lunches in schools statewide. (C) Subsequent years (i) In general The Secretary shall enroll in the program under this subsection not more than— (I) for the school year beginning July 1, 2015, 5 additional States; (II) for the school year beginning July 1, 2016, 5 additional States; (III) for the school year beginning July 1, 2017, 5 additional States; (IV) for the school year beginning July 1, 2018, 5 additional States; and (V) for the school year beginning July 1, 2019, 5 additional States. (ii) Priority In enrolling States, the Secretary shall give priority to States that— (I) have enacted a law described in subparagraph (B) after April 10, 2014; (II) have school food authorities that provide free breakfasts or lunches in lieu of reduced-price breakfasts or lunches in schools in the State; or (III) have high levels of participation in the free or reduced-price lunch program, as determined by the Secretary. (3) Income eligibility For any State enrolled in the program under this subsection, the income guidelines for determining eligibility for free lunches or breakfasts in the State shall be 185 percent of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with section 9(b)(1)(B). (4) Relationship to universal meal service in high poverty areas A school for which a local educational agency has elected to receive special assistance payments under subsection (a)(1)(F) may not receive any additional payments under this subsection. . 102. Period of effectiveness The amendments made by section 101 shall be effective only during the period beginning on the date of enactment of this Act and ending on June 30, 2019. II Permanent change 201. Free lunch eligibility (a) In general Section 9(b)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(1) (1) by redesignating subparagraph (B) as subparagraph (D); (2) by striking (b)(1)(A) Not (b) Income eligibility guidelines (1) Establishment (A) In general Not ; (3) in subparagraph (A)— (A) in the first sentence, by striking and reduced price (B) in the second sentence— (i) by striking The income guidelines for determining eligibility for free lunches shall be 130 percent (B) Free lunches The income guidelines for determining eligibility for free lunches shall be 185 percent ; and (ii) by striking subparagraph (B) subparagraph (D) (C) by striking the third sentence; and (D) in the last sentence, by striking The Office (C) Frequency of revisions The Office ; and (4) in subparagraph (D) (as redesignated by paragraph (1))— (A) by striking (D) The (D) Amount of revisions The ; and (B) by striking subparagraph (A) of this paragraph subparagraph (C) (b) Conforming amendments (1) Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 (A) in subsection (b)— (i) by striking free and reduced price free (ii) by striking free or reduced price free (iii) in paragraph (2)(B)(i), by striking , and shall contain or reduced price lunches (iv) in paragraph (3)— (I) in subparagraph (E)(iii), by striking free or reduced-price free (II) in subparagraph (F)— (aa) in clause (i), by striking Subject to clauses (ii) and (iii), Subject to clause (ii), (bb) in clause (ii)(II), by striking 133 percent 185 percent (cc) by striking clause (iii); and (dd) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; (v) in paragraph (7)— (I) in the paragraph heading, by striking and reduced price meals (II) by striking and reduced price policy meals policy (III) in subparagraph (B), by striking and reduced price meals meals (vi) in paragraph (9)— (I) in the paragraph heading, by striking and reduced price (II) by striking subparagraph (B); and (III) by redesignating subparagraph (C) as subparagraph (B); (vii) in paragraph (10), by striking or a reduced price lunch (viii) in paragraph (11), in the first sentence, by striking or reduced price lunches (B) in subsection (c), in the third sentence, by striking or at a reduced cost (C) in subsection (d), by striking or reduced price (D) in subsection (e), by striking , reduced price, (2) Section 11 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a (A) in subsection (a)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) by striking the sum of (bb) by striking and the product obtained by multiplying for such fiscal year (II) in subparagraph (B)— (aa) by striking or reduced price lunches (bb) by striking or reduced price lunches, as the case may be, (cc) by striking and reduced price lunches (III) in subparagraph (C)— (aa) in clause (ii), by striking or reduced price lunches or breakfasts (bb) in clause (iii), by striking or reduced price (IV) in subparagraph (D), by striking and reduced price lunches (ii) in paragraph (2), by striking and the special assistance factor for reduced price free lunches (B) in subsection (b), in the first sentence, by striking and reduced price (C) in subsection (d), by striking and the average number of children who received reduced price lunches (D) in subsection (e)— (i) in the second sentence, by striking , and shall serve meals at a reduced price such section (ii) in the third sentence, by striking or reduced priced (3) Section 12(l)(4) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l)(4) (A) in subparagraph (C), by striking and reduced price (B) by striking subparagraph (D); (C) in subparagraph (H), by striking or reduced price (D) by redesignating subparagraphs (E) through (M) as subparagraphs (D) through (L), respectively. (4) Section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 (A) in subsection (a)— (i) in paragraph (1)(A)(i), by striking or reduced price (ii) in paragraph (5), by striking or reduced price (B) in subsection (f)(3), by striking or reduced price (5) Section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 (A) in subsection (a)(2)(B)(i), by striking or reduced price (B) in subsection (c)— (i) in paragraph (1), by inserting (as calculated on the day before the date of enactment of the Expand School Meals Act of 2014 lunches, reduced price lunches (ii) in paragraph (2), by inserting (as calculated on the day before the date of enactment of the Expand School Meals Act of 2014 breakfasts, reduced price breakfasts (iii) by striking paragraph (4) and inserting the following: (4) Determinations (A) Free meals Determinations with regard to eligibility for free meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches under section 9. (B) Reduced price meals Determinations with regard to eligibility for reduced price meals and supplements shall be made in accordance with the income eligibility guidelines for reduced price lunches under section 9, as in effect on the day before the date of enactment of the Expand School Meals Act of 2014 ; (C) in subsection (f)(3)— (i) by striking or reduced price (ii) in subparagraph (A)(iii)(II)(aa), in the item heading, by striking or reduced price (D) in subsection (r)(1)(B), by striking or reduced price (6) Section 17A(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a(c)(1)) is amended in the matter preceding subparagraph (A) by striking or reduced price (7) Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 (8) Section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a (A) by striking or reduced price (B) by striking and reduced price (9) Section 20(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769b(b) and reduced price (10) Section 21(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b–1(a)(1)(B)) is amended— (A) in the matter preceding clause (i), by striking or reduced price (B) in clause (iii), by striking and reduced price (c) Transition rules The Secretary of Agriculture shall carry out the amendments made by paragraphs (2) and (8) of subsection (b) in accordance with transition rules established by the Secretary. 202. Free breakfast eligibility (a) In general Section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)(i)(II)— (I) by striking , for reduced price breakfasts, (II) by striking or reduced price (III) by striking clause (B) of this paragraph subparagraph (B) (ii) in subparagraph (B)— (I) in the third sentence, by striking or reduced price (II) by striking the second sentence; (iii) by striking subparagraph (C); (iv) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (v) in subparagraph (D) (as so redesignated)— (I) in the subparagraph heading, by striking and reduced price meals (II) by striking and reduced price policy meals policy (III) by striking and reduced price meals meals (B) in paragraph (2)— (i) in subparagraph (A), by striking or reduced price (ii) by striking subparagraph (C); and (2) in subsections (d)(1)(A) and (e)(1)(A), by striking or at a reduced price (b) Conforming amendments (1) Section 7 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776 (A) in subsection (e)(2)(B)(ii), by striking or reduced price (B) in subsection (g)(2)(B)(i)(I), by striking and reduced price (C) in subsection (i), by striking and reduced price (2) Section 17(d)(2)(A)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)(i)) is amended by striking and reduced price (3) Section 20(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1789(b) and reduced-price (4) Section 23(d)(2) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1793(d)(2) or reduced price 203. Period of effectiveness The amendments made by this title shall be effective beginning on July 1, 2019. III Offset 301. Denial of deduction for punitive damages (a) Disallowance of Deduction (1) In general Section 162(g) (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, (B) by striking If (1) Treble damages If , and (C) by adding at the end the following new paragraph: (2) Punitive damages No deduction shall be allowed under this chapter for any amount paid or incurred for punitive damages in connection with any judgment in, or settlement of, any action. This paragraph shall not apply to punitive damages described in section 104(c). . (2) Conforming amendment The heading for section 162(g) of such Code is amended by inserting or Punitive Damages Laws (b) Inclusion in Income of Punitive Damages Paid by Insurer or Otherwise (1) In general Part II of subchapter B of chapter 1 91. Punitive damages compensated by insurance or otherwise Gross income shall include any amount paid to or on behalf of a taxpayer as insurance or otherwise by reason of the taxpayer’s liability (or agreement) to pay punitive damages. . (2) Reporting requirements Section 6041 of such Code is amended by adding at the end the following new subsection: (h) Section To Apply to Punitive Damages Compensation This section shall apply to payments by a person to or on behalf of any corporation, individual, partnership, or other entity, as insurance or otherwise, by reason of such corporation, individual, partnership, or entity’s liability (or agreement) to pay punitive damages. . (3) Conforming amendment The table of sections for part II of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 91. Punitive damages compensated by insurance or otherwise. . (c) Effective Date The amendments made by this section shall apply to damages paid or incurred on or after the date of the enactment of this Act.

Expand School Meals Act of 2014

Grand Portage Band Per Capita Adjustment Act - Amends the Indian Tribal Judgment Funds Use or Distribution Act to exclude funds paid by Minnesota to members of the Grand Portage Band of Lake Superior Chippewa Indians, pursuant to the agreements of such Band to voluntarily restrict tribal rights to hunt and fish in territory ceded under the Treaty of September 30, 1854, from: (1) federal or state income taxes; or (2) use in denying or reducing a member's benefits under the Social Security Act or, except for payments in excess of $2,000, a federal or federally-assisted program.

113 S2249 IS: Grand Portage Band Per Capita Adjustment Act U.S. Senate 2014-04-10 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. 2249 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Franken Ms. Klobuchar Committee on Finance A BILL To amend the Indian Tribal Judgment Funds Use or Distribution Act to extend a certain income tax exemption to the Grand Portage Band of Lake Superior Chippewa Indians. 1. Short title This Act may be cited as the Grand Portage Band Per Capita Adjustment Act 2. Equal treatment of certain per capita income for purposes of Federal assistance Section 7(4) of the Indian Tribal Judgment Funds Use or Distribution Act ( 25 U.S.C. 1407(4) pursuant to the agreements of such Band to voluntarily restrict tribal rights to hunt and fish in territory cede or the Grand Portage Band of Lake Superior Chippewa Indians, or both, pursuant to the agreements of each band to voluntarily restrict tribal rights to hunt and fish in territory ceded

Grand Portage Band Per Capita Adjustment Act

Travel Promotion, Enhancement, and Modernization Act of 2014 - (Sec. 2) Amends the Travel Promotion Act of 2009 (TPA) to revise qualifications requirements for members of the Board of Directors of the Corporation for Travel Promotion. (Sec. 3) Revises requirements for the Corporation's annual report to the Secretary of Commerce (Secretary) to require a description of and rationales for: (1) the Corporation's efforts to focus on specific countries and populations; and (2) its combination of media channels employed in meeting the promotional objectives of its marketing campaign, the ratio in which such channels are used, and a justification for such use and ratio. (Sec. 4) Directs the Corporation and the Secretary (or their designees) to meet biannually to review procedures to determine the fair market value of goods and services received by the Corporation from non-federal sources. Reduces from 80% to 70% the percentage of the fair market value of those goods and services the Corporation may receive from non-federal sources each fiscal year, increasing from 20% to 30% the federal matching rate. Requires the Secretary, in coordination with the Corporation, to establish formal, publicly available procedures specifying time frames and conditions for: (1) making and agreeing to revisions of the Corporation's in-kind contributions policy; and (2) addressing and resolving disagreements between the Corporation and its partners, including the Secretary, regarding the in-kind contribution policy. (Sec. 5) Includes U.S. territories among the states and the District of Columbia whose benefit the Corporation's international travel promotion plan must ensure. Extends the TPA and the Corporation through FY2020. Amends the Immigration and Nationality Act to extend through FY2020 also the authority of the Secretary of Homeland Security (DHS) to charge a fee for use of the electronic travel authorization system to determine, in advance, an alien's eligibility to travel to the United States. (Sec. 6) Amends the TPA to lower from $5 million to $500,000 the expenditure threshold in the Corporation's budget for a forthcoming fiscal year in excess of which the Board must give an explanation to the Secretary. Requires the Corporation to establish performance metrics including, time frames, evaluation methodologies, and data sources for measuring: the effectiveness of its marketing efforts, includings its progress in achieving the long-term goals of increased traveler visits to and spending in the United States; whether increases in visitation and spending have occurred in response to external influences, such as economic conditions or exchange rates, rather than in response to the Corporation's efforts; and any cost or benefit to the U.S. economy. Requires the Corporation to: (1) conduct periodic program evaluations in response to the data resulting from these measurements, and (2) report to Congress actions it has taken in response to any recommendations the Government Accountability Office (GAO) might make to it. Directs the Corporation to: (1) establish a competitive procurement process, and (2) certify in its annual report to Congress that any contracts it has entered into were in compliance with that process. (Sec. 7) Repeals the Corporation's authority to impose an annual assessment on certain U.S. members of the international travel and tourism industry represented on the Board.

113 S2250 IS: Travel Promotion, Enhancement, and Modernization Act of 2014 U.S. Senate 2014-04-10 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. 2250 IN THE SENATE OF THE UNITED STATES April 10, 2014 Ms. Klobuchar Mr. Blunt Mr. Begich Mr. Kirk Mr. Schatz Mr. Wicker Mr. Reid Mr. Heller Mr. Schumer Ms. Ayotte Mr. Warner Mr. Graham Ms. Hirono Mr. Chambliss Mr. Durbin Mr. Boozman Mr. Nelson Mr. Hoeven Mr. Blumenthal Mr. Hatch Ms. Murkowski Mr. Vitter Ms. Collins Mrs. Shaheen Ms. Mikulski Committee on Commerce, Science, and Transportation A BILL To extend the Travel Promotion Act of 2009, and for other purposes. 1. Short title This Act may be cited as the Travel Promotion, Enhancement, and Modernization Act of 2014 2. Addition of new members to board of directors Subsection (b)(2)(A) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(b)(2)(A) (1) in the matter preceding clause (i)— (A) by striking promotion and marketing promotion or marketing (B) by inserting At least 5 members of the board shall have experience working in United States multinational entities with marketing budgets. At least 2 members of the board shall be audit committee financial experts (as defined by the Securities and Exchange Commission in accordance with section 407 of Public Law 107–204 15 U.S.C. 7265 (2) in clause (x), by striking intercity passenger railroad business land or sea passenger transportation sector 3. Annual report to Congress Subsection (c)(3) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(c)(3) (1) in subparagraph (F), by striking and (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following: (G) a description of, and rationales for, the Corporation’s efforts to focus on specific countries and populations; (H) (i) a description of, and rationales for, the Corporation’s combination of media channels employed in meeting the promotional objectives of its marketing campaign; (ii) the ratio in which such channels are used; and (iii) a justification for the use and ratio of such channels; and . 4. Biannual review of procedures to determine fair market value of goods and services Subsection (d)(3) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(d)(3) (1) in subparagraph (B)(ii), by striking 80 percent 75 percent (2) by adding at the end the following: (E) Biannual review of procedures to determine fair market value of goods and services The Corporation and the Secretary of Commerce (or their designees) shall meet on a biannual basis to review the procedures to determine the fair market value of goods and services received from non-Federal sources by the Corporation under subparagraph (B). . 5. Extension of Travel Promotion Act of 2009 (a) In general Subsection (d) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(d) (1) in subsection (b)(5)(A)(iv), by striking all States and the District of Columbia all States and territories of the United States and the District of Columbia, (2) in subsection (d)— (A) in paragraph (2)(B), by striking 2015 2020 (B) in paragraph (4)(B), by striking fiscal year 2011, 2012, 2013, 2014, or 2015 each of the fiscal years 2011 through 2020 (b) Sunset of Travel Promotion Fund fee Section 217(h)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3)(B)(iii) September 30, 2015 September 30, 2020 6. Accountability; procurement requirements The Travel Promotion Act of 2009 ( 22 U.S.C. 2131 (1) by redesignating subsections (e), (f), (g), and (h) as subsections (h), (e), (i), and (j), respectively; and (2) by inserting after subsection (e), as redesignated, the following: (f) Accountability (1) Performance plans and measures Not later than 90 days after the date of the enactment of the Travel Promotion, Enhancement, and Modernization Act of 2014 (A) to measure the impact of marketing efforts by the Corporation; and (B) to demonstrate any cost or benefit to the economy of the United States. (2) GAO accountability Not later than 60 days after the date on which the Corporation receives a report from the Government Accountability Office with recommendations for the Corporation, the Corporation shall submit a report to Congress that describes the actions taken by the Corporation in response to the recommendations in such report. (g) Procurement requirements The Corporation shall— (1) establish a competitive procurement process; and (2) certify in its annual report to Congress under subsection (c)(3) that any contracts entered into were in compliance with the established competitive procurement process. .

Travel Promotion, Enhancement, and Modernization Act of 2014

Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Aging to carry out a program awarding grants to eligible entities to carry out six separate demonstration projects that focus on care coordination and service delivery for older individuals with chronic illness or at risk of institutional placement by: (1) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and (2) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation.

113 S2251 IS: Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014 U.S. Senate 2014-04-10 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. 2251 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Casey Mr. Franken Committee on Health, Education, Labor, and Pensions A BILL To amend the Older Americans Act of 1965 to develop and test an expanded and advanced role for direct care workers who provide long-term services and supports to older individuals in efforts to coordinate care and improve the efficiency of service delivery. 1. Short title This Act may be cited as the Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014 2. Findings Congress finds the following: (1) As of 2012, more than 41,000,000 Americans are age 65 or older. More than 75 percent of them suffer from chronic conditions which require person-centered, coordinated care that helps them to live in a home- or community-based setting. In 2012, the Government Accountability Office found that 34 percent of Americans 60 and older reported needing assistance performing Activities of Daily Living. (2) Direct-care workers (referred to in this section as DCWs (3) Eldercare and disability services positions account for nearly one-third of the 18,000,000 health care jobs in the United States. The direct-care workforce alone accounts for more than 4,000,000 jobs, expected to add 1,600,000 new positions by 2020. (4) The majority of DCWs are now employed in home- and community-based settings, and not in institutional settings such as nursing care facilities or hospitals. By 2020, home- and community-based DCWs are likely to outnumber facility workers by more than 2 to 1. (5) A 2008 Institute of Medicine report, entitled Re-tooling for an Aging America: Building the Health Care Workforce re-tooled (6) An Institute of Medicine report on the future of nursing, released in October of 2010, recommended nurses should practice to the full extent of their education and training. The report also states that all health care professionals should work collaboratively in team-based models, and that the goal should be to encourage care models that use every member of the team to the full capacity of his or her training and skills. (7) The Patient Protection and Affordable Care Act ( Public Law 111–148 3. Demonstration program on care coordination and service delivery Part A of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3032 et seq. 423. Demonstration program on care coordination and service delivery (a) Establishment of demonstration program (1) In general The Assistant Secretary shall carry out a demonstration program in accordance with this section. Under such program, the Assistant Secretary shall award grants to eligible entities to carry out demonstration projects that focus on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement by— (A) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and (B) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation. (2) Direct-care worker In this section, the term direct-care worker (b) Demonstration projects The demonstration program shall be composed of 6 demonstration projects, as follows: (1) Two demonstration projects shall focus on using the abilities of direct-care workers to promote smooth transitions in care and help to prevent unnecessary hospital readmissions. Under these projects, direct-care workers shall be incorporated as essential members of interdisciplinary care coordination teams. (2) Two demonstration projects shall focus on maintaining the health and improving the health status of those with multiple chronic conditions and long-term care needs. Under these projects, direct-care workers shall assist in monitoring health status, ensuring compliance with prescribed care, and educating and coaching the older individual involved and any family caregivers. (3) Two demonstration projects shall focus on training direct-care workers to take on deeper clinical responsibilities related to specific diseases, including Alzheimer’s and dementia, congestive heart failure, and diabetes. (c) Eligible entity In this section, the term eligible entity (1) at least 1— (A) long-term care and rehabilitation facility; or (B) home personal care service provider; and (2) at least 1— (A) hospital or health system; (B) labor organization or labor-management partnership; (C) community-based aging service provider; (D) patient-centered medical home; (E) federally qualified health center; (F) managed care entity, including a managed health and long-term care program; (G) entity that provides health services training; (H) State-based public entity engaged in building new roles and related curricula for direct-care workers; or (I) any other entity that the Assistant Secretary deems eligible based on integrated care criteria. (d) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include— (1) a description of the care coordination and service delivery models of the entity, detailed on a general, organizational, and staff level; (2) a description of how the demonstration project carried out by the entity will improve care quality, including specific objectives and anticipated outcomes that will be used to measure success; and (3) a description of how the coordinated care team approach with an enhanced role for the direct-care worker under the demonstration project will increase efficiency and cost effectiveness compared to past practice. (e) Planning awards under demonstration program (1) In general Each eligible entity that receives a grant under this section shall receive a grant for planning activities related to the demonstration project to be carried out by the entity, including— (A) designing the implementation of the project; (B) identifying competencies and developing curricula for the training of participating direct-care workers; (C) developing training materials and processes for other members of the interdisciplinary care team; (D) articulating a plan for identifying and tracking cost savings gained from implementation of the project and for achieving long-term financial sustainability; and (E) articulating a plan for evaluating the project. (2) Amount and term (A) Total amount The amount awarded under paragraph (1) for all grants shall not exceed $600,000. (B) Term Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 1 year after the grant is awarded. (f) Implementation awards under demonstration program (1) In general Each eligible entity may receive a grant for implementation activities related to the demonstration project to be carried out by the entity, if the Assistant Secretary determines the entity— (A) has successfully carried out the activities under the grant awarded under subsection (e); (B) offers a feasible plan for long-term financial sustainability; (C) has constructed a meaningful model of advancement for direct-care workers; and (D) aims to provide training to a sizeable number of direct-care workers and to serve a sizeable number of older individuals. (2) Use of funds The implementation activities described under paragraph (1) shall include— (A) training of all care team members in accordance with the design of the demonstration project; and (B) evaluating the competency of all staff based on project design. (3) Evaluation and report (A) Evaluation Each recipient of a grant under paragraph (1), in consultation with an independent evaluation contractor, shall evaluate— (i) the impact of training and deployment of direct-care workers in advanced roles, as described in this section, within each participating entity on outcomes, such as direct-care worker job satisfaction and turnover, beneficiary and family caregiver satisfaction with services, rate of hospitalization of beneficiaries, and additional measures determined by the Secretary; (ii) the impact of such training and deployment on the long-term services and supports delivery system and resources; (iii) statement of the potential of the use of direct-care workers in advanced roles to lower cost and improve quality of care in the Medicaid program; and (iv) long-term financial sustainability of the model used under the grant and the impact of such model on quality of care. (B) Reports Not later than 180 days after completion of the demonstration program under this section, each recipient of a grant under paragraph (1) shall submit to the Secretary a report on the implementation of activities conducted under the demonstration project, including— (i) the outcomes, performance benchmarks, lessons learned from the project; (ii) a statement of cost savings gained from implementation of the project and how the cost savings have been reinvested to improve direct-care job quality and quality of care; and (iii) results of the evaluation conducted under subparagraph (A) with respect to such activities, together with such recommendations for legislation or administrative action for expansion of the demonstration program on a broader scale as the Secretary determines appropriate. (4) Amount and term (A) Total amount The amount awarded under paragraph (1) for all grants shall not exceed $2,900,000. (B) Term Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 3 years after the grant is awarded. .

Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014

Community Bank Preservation Act of 2014 - Amends the Federal Reserve Act to require that membership on the Board of Governors of the Federal Reserve include at least one person with demonstrated experience working in or supervising community banks having less than $10 billion total assets.

113 S2252 IS: Community Bank Preservation Act of 2014 U.S. Senate 2014-04-10 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. 2252 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Vitter Ms. Heitkamp Mr. Kirk Committee on Banking, Housing, and Urban Affairs A BILL To reaffirm the importance of community banking and community banking regulatory experience on the Federal Reserve Board of Governors, to ensure that the Federal Reserve Board of Governors has a member who has previous experience in community banking or community banking supervision, and for other purposes. 1. Short title This Act may be cited as the Community Bank Preservation Act of 2014 2. Membership of Board of Governors of the Federal Reserve System The first undesignated paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 241) is amended by inserting after the second sentence the following: The Board shall at all times have as a member at least 1 person with demonstrated experience working in or supervising community banks having less than $10,000,000,000 in total assets. 3. Effective date The amendment made by this Act shall take effect on the date of enactment of this Act and apply to appointments made on and after that effective date, excluding any nomination pending in the Senate on that date.

Community Bank Preservation Act of 2014

Health Care Fairness and Stability Act - Amends the Patient Protection and Affordable Care Act (PPACA) to provide a temporary shift in the scheduled collection of payments for the transitional reinsurance program intended to help stabilize premiums for coverage in the individual health insurance markets from 2014 through 2016. Amends PPACA to delay the collection of reinsurance payments from health insurance issuers and third party administrators of certain self-insured group health plans until January 1, 2018. Amends PPACA to change the formula for determining the amount of contributions collected for payments to health insurance issuers that cover high risk individuals in the individual market.  

113 S2253 IS: Health Care Fairness and Stability Act U.S. Senate 2014-04-10 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. 2253 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. Franken Mr. Kirk Ms. Klobuchar Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act to provide for a temporary shift in the scheduled collection of the transitional reinsurance program payments. 1. Short title This Act may be cited as the Health Care Fairness and Stability Act 2. Shift in the collection of the payment for the transitional reinsurance program (a) In general Section 1341(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061(b) (1) in paragraph (1)— (A) in subparagraph (A)— (i) by inserting beginning on January 1, 2018, required to make payments (ii) by striking any plan year beginning in the 3-year period payments made under subparagraph (C) (as specified in paragraph (3)); (B) in subparagraph (B), by striking and uses ; and (C) by adding at the end the following: (C) the applicable reinsurance entity makes reinsurance payments to health insurance issuers described in subparagraph (A) that cover high risk individuals in the individual market (excluding grandfathered health plans) for any plan year beginning in the 3-year period beginning January 1, 2014, in an aggregate amount of up to the total of the aggregate contribution amounts described in paragraph (3)(B)(iv), subject to paragraph (4). ; (2) in paragraph (2), by striking paragraph (1)(B) paragraph (1)(C) (3) in paragraph (3)— (A) in subparagraph (A), by striking 2014 2018 (B) in subparagraph (B)— (i) in clause (ii), by striking administrative operational (ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iii) by inserting after clause (ii), the following: (iii) the aggregate contribution amount for all States shall be based on the total amount of reinsurance payments made under paragraph (1)(C); ; (iv) by striking clause (iv), as so redesignated, and inserting the following: (iv) the aggregate contribution amount collected under clause (iii) shall, without regard to amounts described in clause (ii), be limited to $10,000,000,000 based on the plan years beginning in 2014, $6,000,000,000 based on the plan years beginning in 2015, and $4,000,000,000 based on the plan years beginning in 2016; ; (v) in clause (v), as so redesignated, by striking clause (iii) clause (iv) (vi) by inserting after clause (v), the following: (vi) in addition to the contribution amounts under clauses (iii), (iv), and (v), each issuer’s contribution amount— (I) shall reflect its proportionate share of an additional $20,300,000 for operational expenses for reinsurance payments for calendar year 2014 and for reinsurance collections for calendar year 2018; (II) shall reflect its proportionate share of operational expenses for reinsurance payments for calendar year 2015 and for reinsurance collections for calendar year 2019; and (III) shall reflect its proportionate share of operational expenses for reinsurance payments for calendar year 2016 and for reinsurance collections for calendar year 2020; and (vii) collection of the contribution amounts provided for in clauses (ii) through (vi) shall be initiated— (I) for calendar year 2014, not earlier than January 1, 2018; (II) for calendar year 2015, not earlier than January 1, 2019; and (III) for calendar year 2016, not earlier than January 1, 2020. ; (4) in paragraph (4)— (A) in subparagraph (A)— (i) by striking contribution amounts collected for any calendar year amount provided under paragraph (5) for reinsurance payments described in paragraph (1)(C) (ii) by striking ; and (B) by striking subparagraph (B); (C) by striking that— the contribution that the contribution (D) in the flush matter at the end, by striking paragraph (3)(B)(iv) paragraph (3)(B)(v) and any amounts collected under clause (ii) of paragraph (3)(B) that, when combined with the funding provided for under paragraph (5), exceed the aggregate amount permitted for making the reinsurance payments described in paragraph (1)(C) and to fund the operational expenses of applicable reinsurance entities, (5) by adding at the end the following: (5) Funding To carry out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, an amount equal to the aggregate amount to be collected for plan years beginning in 2014 set forth in paragraph (3)(B)(iv) for reinsurance payments described in paragraph (1)(C), and an amount equal to the contribution amounts set forth in paragraph (3)(B)(vi) to fund operational expenses of applicable reinsurance entities. . (b) Rule of construction Nothing in the amendments made by this section shall be construed to increase the amount of payments to be collected under subsection (b)(1)(A) or to decrease the amount of the reinsurance payments to be made under subsection (b)(1)(C) of section 1341 of the Patient Protection and Affordable Care Act (42 U.S.C. 18061). (c) Medical loss ratio The Secretary of Health and Human Services shall promulgate regulations or guidance to ensure that health insurance issuers reflect changes made in section 1341 of the Patient Protection and Affordable Care Act with section 2718 of the Public Health Service Act ( 42 U.S.C. 300gg–18

Health Care Fairness and Stability Act

COPS Improvements Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify the public safety and community policing grant program (COPS ON THE BEAT grant program) to: (1) establish within the Department of Justice (DOJ), under the general authority of the Attorney General, the Office of Community Oriented Policing Services to be headed by a Director; and (2) authorize the Attorney General to carry out more than one such program. Repeals provisions authorizing: (1) the Attorney General to give preferential consideration to applications for hiring and rehiring additional career law enforcement officers that involve a non-federal contribution exceeding a 25% minimum; and (2) the use of such grants to develop and implement either innovative programs to permit members of the community to assist state, tribal, and local law enforcement agencies in the prevention of crime in the community or new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy. Authorizes the use of such grants to: (1) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (2) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use; (3) meet emerging law enforcement needs; (4) hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing; (5) pay for additional community prosecuting programs to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (6) develop new technologies to assist state and local law enforcement agencies in crime prevention and training. Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application. Includes officers for the Amtrak Police Department within the definition of "career law enforcement officer" for purposes of such grant program. Increases and extends the authorization of appropriations for the program for FY2014-FY2019.

113 S2254 IS: COPS Improvements Act of 2014 U.S. Senate 2014-04-10 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. 2254 IN THE SENATE OF THE UNITED STATES April 10, 2014 Ms. Klobuchar Mr. Schumer Mr. Leahy Mr. Whitehouse Mr. Franken Mr. Booker Mr. Casey Mrs. Gillibrand Mr. Markey Mr. Merkley Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes. 1. Short title This Act may be cited as the COPS Improvements Act of 2014 2. COPS grant improvements (a) In general Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd (1) by striking subsection (c); (2) by redesignating subsection (b) as subsection (c); (3) by striking subsection (a) and inserting the following: (a) The Office of Community Oriented Policing Services (1) Office There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the COPS Office (2) Director The COPS Office shall be headed by a Director who shall— (A) be appointed by the Attorney General; and (B) have final authority over all grants, cooperative agreements, and contracts awarded by the COPS Office. (b) Grant authorization The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsections (c), (d), (e), and (f). ; (4) in subsection (c), as so redesignated— (A) in the heading, by striking uses of grant amounts Community policing and crime prevention grants (B) in paragraph (3), by striking , to increase the number of officers deployed in community-oriented policing (C) in paragraph (4), by inserting or train pay for (D) by striking paragraph (9); (E) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; (F) by inserting after paragraph (4) the following: (5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools; ; (G) by striking paragraph (13); (H) by redesignating paragraphs (14), (15), and (16) as paragraphs (13), (14), and (15), respectively; (I) in paragraph (15), as so redesignated, by striking and (J) by redesignating paragraph (17) as paragraph (18); (K) by inserting after paragraph (15), as so redesignated, the following: (16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; (17) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted; and ; and (L) in paragraph (18), as so redesignated, by striking through (16) through (17) (5) by striking subsections (h) and (i); (6) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; (7) by redesignating subsections (d) through (g) as subsections (g) through (j), respectively; (8) by inserting after subsection (c), as so redesignated, the following: (d) Troops-to-Cops programs (1) In general Grants made under subsection (b) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing. (2) Definition In this subsection, former member of the Armed Forces section 1141 (e) Community prosecutors program The Attorney General may make grants under subsection (b) to pay for additional community prosecuting programs, including programs that assign prosecutors to— (1) handle cases from specific geographic areas; and (2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement and quality of life initiatives), and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others. (f) Technology grants The Attorney General may make grants under subsection (b) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies. ; (9) in subsection (g), as so redesignated— (A) in paragraph (1), by striking to States, units of local government, Indian tribal governments, and to other public and private entities, (B) in paragraph (2), by striking define for State and local governments, and other public and private entities, establish (C) in the first sentence of paragraph (3), by inserting (including regional community policing institutes) training centers or facilities (10) in subsection (i), as so redesignated— (A) by striking subsection (a) paragraphs (1) and (2) of subsection (c) (B) by striking in each fiscal year pursuant to subsection (a) in each fiscal year for purposes described in paragraph (1) and (2) of subsection (c) (11) in subsection (j), as so redesignated— (A) by striking subsection (a) subsection (b) (B) by striking the second sentence; (12) in subsection (k), as so redesignated— (A) in paragraph (1)— (i) by striking subsection (i) and (ii) by striking subsection (b) subsection (c) (B) in paragraph (4), by striking 2015 2019 (13) by adding at the end the following: (m) Retention of additional officer positions For any grant under paragraph (1) or (2) of subsection (c) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of a program, project, or activity. . (b) Applications Section 1702 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–1 (1) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting , unless waived by the Attorney General under this part shall (B) by striking paragraph (8); and (C) by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and (2) by striking subsection (d). (c) Renewal of grants Section 1703 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–2 1703. Renewal of grants (a) In general A grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (b) No cost extensions Notwithstanding subsection (a), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award. . (d) Limitation on use of funds Section 1704 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–3 (1) in subsection (a), by striking that would, in the absence of Federal funds received under this part, be made available from State or local sources that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources (2) by striking subsection (c). (e) Enforcement Actions Section 1706 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–5 (1) in the section heading, by striking Revocation or suspension of funding Enforcement actions (2) by striking revoke or suspend take any enforcement action available to the Department of Justice. (f) Definitions Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8(1) (1) by striking who is authorized who is a sworn law enforcement officer and is authorized (2) by inserting , including officers for the Amtrak Police Department (g) Authorization of appropriations Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(11) (1) in subparagraph (A), by striking $1,047,119,000 for each of fiscal years 2006 through 2009 $900,000,000 for each of fiscal years 2014 through 2019 (2) in subparagraph (B)— (A) in the first sentence— (i) by striking 3 percent 5 percent (ii) by striking section 1701(d) section 1701(g) (B) by striking the second sentence and inserting the following: Of the funds available for grants under part Q, not less than $500,000,000 shall be used for grants for the purposes specified in section 1701(c), not more than $150,000,000 shall be used for grants under section 1701(e), and not more than $250,000,000 shall be used for grants under section 1701(f). (h) Purposes Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 ( 42 U.S.C. 3796dd (1) in paragraph (4), by striking development use (2) in the matter following paragraph (4), by striking for a period of 6 years (i) COPS Program improvements (1) In general Section 109(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3712h(b) (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (2), as so redesignated, by inserting , except for the program under part Q of this title (2) Law enforcement computer systems Section 107 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following: (c) Exception This section shall not apply to any grant made under part Q of this title. .

COPS Improvements Act of 2014

Northern Cheyenne Lands Act - Directs the Secretary of the Interior to take approximately 1,567 acres of land in Montana depicted on the map entitled "Northern Cheyenne Lands Act - Fee-to-Trust Lands" and dated March 26, 2014, into trust for the Northern Cheyenne Tribe. Requires: (1) Great Northern Properties to convey to the Tribe its coal and iron ore mineral interests underlying the land on the Northern Cheyenne Reservation generally depicted on the map entitled "Northern Cheyenne Land Act - Coal Tracts" and dated February 27, 2014, and (2) the Secretary to convey to Great Northern Properties all of U.S. coal mineral interests underlying the land generally depicted as "Bull Mountains" and "East Fork" on the map entitled "Northern Cheyenne Federal Tracts" and dated February 27, 2014. Conditions those conveyances on the Secretary receiving a notice from the Tribe that: (1) it has a revenue sharing agreement with Great Northern Properties regarding future development of the Northern Cheyenne Federal Tracts, and (2) Great Northern Properties has agreed to convey those coal and iron ore mineral interests to the Tribe. Directs the Secretary to ensure that the deed for those federal coal mineral interests includes a covenant, running with the land, that precludes surface mining of the coal: (1) absent the written consent of the surface owner, and (2) except as determined to be acceptable for further consideration for leasing in a specified Bureau of Land Management (BLM) document. Requires the coal and iron ore mineral interests conveyed to the Tribe under this Act to be held, upon the Tribe's request, in trust for the Tribe. Prohibits Montana from taxing the mineral interests this Act conveys to the Tribe. Requires that, in return for this Act's mineral conveyances: the Tribe must waive all of its claims relating to the failure of the United States to acquire those private coal and iron ore mineral interests in trust for the Tribe as part of its Reservation as directed by Congress in 1900, and Great Northern Properties must waive any claim against the United States relating to the value of the coal mineral interests it receives under this Act. Requires the Northern Cheyenne Trust Fund (Fund) to be transferred to the Tribe and deposited into the Tribe's Permanent Fund. Requires the Tribe, in return for such transfer, to waive all of its claims arising from U.S. management of the Fund.

113 S2256 IS: Northern Cheyenne Lands Act U.S. Senate 2014-04-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2256 IN THE SENATE OF THE UNITED STATES April 11, 2014 Mr. Walsh Mr. Tester Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to take certain land and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important land into trust for the benefit of the Northern Cheyenne Tribe, and for other purposes. 1. Short title This Act may be cited as the Northern Cheyenne Lands Act 2. Findings Congress finds that— (1) the Northern Cheyenne Tribe has depended on the land of the Tribe and the land-based resources of the Tribe to support its way of life since time immemorial; (2) the Tribe has made supreme and historic sacrifices to repossess and maintain the homeland of the Tribe, including the Reservation of the Tribe in the State of Montana; (3) the Tribe suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening the control of the Tribe over the land base, natural resources, and trust funds of the Tribe; (4) the Tribe and the members of the Tribe are the beneficial owners of more than 95 percent of the surface land of the Reservation and all but approximately 5,000 subsurface acres of the Reservation; (5) the Tribe seeks to obtain ownership of approximately 5,000 subsurface acres on the Reservation that the Tribe does not own as a result of an error made by the United States when the Reservation was expanded in 1900; (6) in 2002, the Tribe agreed by settlement to dismiss a lawsuit against the United States which alleged that the United States failed to protect the Reservation from the impacts of coal development in return for assistance in securing tribal ownership of the subsurface rights described in paragraph (5) substantially in the form of this Act, and to secure mitigation funding to address the impacts of coal development in areas adjacent to the Reservation, among other conditions; (7) to increase tribal ownership of the surface land, the Tribe has purchased approximately 932 acres of land within the Reservation that were, for various reasons, taken out of trust ownership status; (8) the Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for the members of the Tribe, as well as for members of other Indian tribes; (9) the Tribe seeks to have the land and subsurface within the Reservation and the Bear Butte land described in this section taken into trust by the United States for the benefit of the Tribe; (10) the Tribe seeks clarification, consistent with the 1999 settlement with the United States, that the principal of the funds arising from the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 ( Public Law 102–374 Northern Cheyenne Trust Fund (11) if the conveyances of land and funds authorized under this Act are carried out, the Tribe has agreed to waive all legal claims against the United States arising out of the longstanding loss of the subsurface rights and the management of the Northern Cheyenne Trust Fund by the United States. 3. Definitions In this Act: (1) Fund The term Fund (2) Great Northern Properties The term Great Northern Properties (3) Permanent Fund The term Permanent Fund (4) Reservation The term Reservation (5) Secretary The term Secretary (6) State The term State (7) Tribe The term Tribe 4. Tribal fee land to be taken into trust Not later than 60 days after the date of enactment of this Act, the Secretary shall take the approximately 1,567 acres of land depicted on the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands 5. Mineral rights to be taken into trust (a) Completion of mineral conveyances (1) In general Not later than 60 days after the date on which the Secretary receives the notification described in subsection (c), in a single transaction— (A) Great Northern Properties shall convey to the Tribe all right, title, and interest of Great Northern Properties, consisting of coal and iron ore mineral interests, underlying the land on the Reservation generally depicted as Great Northern Properties Northern Cheyenne Land Act – Coal Tracts (B) subject to paragraph (2), the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal mineral interests underlying the land generally depicted as Bull Mountains East Fork Northern Cheyenne Federal Tracts (2) Requirement The Secretary shall ensure that the deed for the conveyance authorized by paragraph (1)(B) shall include a covenant running with the land that— (A) precludes the coal conveyed from being mined by any method other than underground mining techniques— (i) until any surface owner (as defined in section 714(e) of Public Law 95–87 30 U.S.C. 1304(e) (ii) except as determined to be acceptable for further consideration for leasing in the document of the Bureau of Land Management entitled Billings Resource Area Final EIS and Resource Management Plan (B) shall not create any property interest in the United States or any surface owner (as defined in section 714(e) of Public Law 95–87 30 U.S.C. 1304(e) (b) Treatment of land transferred to Tribe (1) In general At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe the mineral interests conveyed to the Tribe under subsection (a)(1)(A). (2) No State taxation The mineral interests conveyed to the Tribe under subsection (a)(1)(A) shall not be subject to taxation by the State (including any political subdivision of the State). (c) Revenue sharing agreement The Tribe shall notify the Secretary, in writing, that— (1) consistent with a settlement agreement entered into between the Tribe and the State in 2002, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the mineral interests described in subsection (a)(1)(B) if those mineral interests are developed; (2) the revenue sharing agreement remains in effect as of the date of enactment of this Act; and (3) Great Northern Properties has offered to convey the mineral interests described in subsection (a)(1)(A) to the Tribe. (d) Waiver of legal claims As a condition of the conveyances of mineral interests under subsection (a)(1)— (1) the Tribe shall waive any and all claims relating to the failure of the United States to acquire and take into trust on behalf of the Tribe the mineral interests described in subsection (a)(1)(A), as directed by Congress in 1900; and (2) Great Northern Properties shall waive any and all claims against the United States relating to the value of the coal mineral interests described in subsection (a)(1)(B). (e) Rescission of mineral conveyances If any portion of the mineral interests conveyed under subsection (a)(1) is invalidated by final judgment of a court of the United States— (1) not later than 1 year after the date on which the final judgment is rendered, the Secretary or Great Northern Properties may agree to rescind the conveyances under subsection (a)(1); and (2) if the conveyances are rescinded under paragraph (1), the waivers under subsection (d) shall no longer apply. 6. Transfer of Northern Cheyenne Trust Fund to Tribe (a) In general Not later than 30 days after the date of enactment of this Act, all amounts in the Fund shall be deposited in the Permanent Fund. (b) Use of amounts Of the amounts transferred to the Permanent Fund under subsection (a)— (1) the portion that is attributable to the principal of the Fund shall be maintained in perpetuity; and (2) any interest earned on the amounts described in paragraph (1) shall be used in the same manner as interest earned on amounts in the Permanent Fund may be used. (c) Waiver of legal claims As a condition of the transfer under subsection (a), the Tribe shall waive any and all claims arising from the management of the Fund by the United States. 7. Eligibility for other Federal benefits The transfer under section 6 shall not result in the reduction or denial of any Federal service, benefit, or program to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of— (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe. 8. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary.

Northern Cheyenne Lands Act

Correctional Officer Fairness Act of 2014 - Amends the Internal Revenue Code to exempt from the 10% additional tax on early distributions from tax-exempt retirement plans distributions from a thrift savings fund to a qualified federal correctional officer who has reached age 50 or has completed 25 years of credible service, whichever is earlier. Defines "qualified federal correctional officer" as an individual who is employed by the Bureau of Prisons as a correctional officer and has completed 20 years of creditable service.

113 S2257 IS: Correctional Officer Fairness Act of 2014 U.S. Senate 2014-04-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2257 IN THE SENATE OF THE UNITED STATES April 28, 2014 Mr. Toomey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide an exemption from the tax on early distributions for certain Bureau of Prisons correctional officers who retire before age 55, and for other purposes. 1. Short title This Act may be cited as the Correctional Officer Fairness Act of 2014 2. Exemption from tax on early distributions (a) In general Subsection (t) of section 72 (11) Distributions to qualified Federal correctional officers from the Thrift Savings Fund (A) In general In the case of a distribution to a qualified Federal correctional officer from the Thrift Savings Fund established under section 8437 age 50 (or, if earlier, the age at which the employee has completed 25 years of creditable service) age 55 (B) Qualified Federal correctional officer For purposes of this paragraph, the term qualified Federal correctional officer (i) who is employed by the Bureau of Prisons as a correctional officer, and (ii) who has completed 20 years of creditable service. (C) Creditable service For purposes of this paragraph, the term creditable service 8331 8411 . (b) Effective date The amendment made by this section shall apply to distributions made after the date of the enactment of this Act.

Correctional Officer Fairness Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Veterans' Compensation Cost-of-Living Adjustment Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to increase, as of December 1, 2014, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date.

S2258 ENR: Veterans' Compensation Cost-of-Living Adjustment 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. 2258 IN THE SENATE OF THE UNITED STATES AN ACT To provide for an increase, effective December 1, 2014, in the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. 1. Short title This Act may be cited as the Veterans' Compensation Cost-of-Living Adjustment Act of 2014 2. Increase in rates of disability compensation and dependency and indemnity compensation (a) Rate adjustment Effective on December 1, 2014, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2014, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To be increased The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation Each of the dollar amounts under section 1114 (2) Additional compensation for dependents Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of increase Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act 42 U.S.C. 401 et seq. (d) Special rule The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 chapter 11 (e) Publication of adjusted rates The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b), as increased under subsection (a), not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act 42 U.S.C. 415(i)(2)(D) Speaker of the House of Representatives Vice President of the United States and President of the Senate

Veterans' Compensation Cost-of-Living Adjustment Act of 2014

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Tax Technical Corrections Act of 2014 - (Sec. 2) Amends the Middle Class Tax Relief and Job Creation Act of 2012 to correct a reference to the repeal of shifts in the timing of estimated corporate taxes in the Corporate Estimated Tax Shift Act of 2009. (Sec. 3) Amends the Internal Revenue Code, as amended by the American Taxpayer Relief Act of 2012, to: (1) make a conforming amendment to the computation of the foreign earned income tax exclusion, and (2) confirm that the alternative minimum tax (AMT) exemption amount for married individuals filing separate tax returns is one-half the exemption amount for married individuals filing a joint return. (Sec. 4) Amends the Regulated Investment Company Modernization Act of 2010 to: (1) allow a regulated investment company (RIC) to delay the capital loss carryover provisions of such Act for one year for purposes of the excise tax on undistributed RIC income, (2) exclude from an RIC earnings and profit calculation such loss carryover amounts, (3) modify the required date for a declaration of an RIC spillover dividend, (4) modify rules for the treatment of post-October net capital losses, and (5) allow a deferral of certain gains and losses of an RIC for excise tax purposes. (Sec. 5) Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to confirm that the phase-out thresholds for married couples filing joint tax returns are increased and adjusted for inflation for all taxable years after 2009 (not just taxable years beginning in 2010). (Sec. 6) Amends the Creating Small Business Jobs Act of 2010 to provide that amendments to provisions imposing penalties for failure to furnish correct taxpayer information in that Act apply on or after January 1, 2011. (Sec. 7) Makes a clerical amendment to Hiring Incentives To Restore Employment Act. (Sec. 8) Amends the American Recovery and Reinvestment Act of 2009 to: (1) modify provisions relating to the refundability of the child tax credit in taxable years beginning after 2008 and before 2018 to provide that, to the extent the credit exceeds the taxpayer's liability, the refundable portion will be equal to 15% of the earned income in excess of $3,000 (not $10,000 indexed for inflation); (2) limit the tax credit for tuition, fees, and course materials to the Hope Scholarship tax credit; (3) provide that grants in lieu of energy tax credits are not includible in alternative minimum tax (AMT) taxable income; and (4) make technical amendments to the tax credits for vehicle refueling property expenditures and the advance energy project tax credit. (Sec. 9) Amends the Internal Revenue Code, as amended by the Energy Improvement and Extension Act of 2008, to confirm that: (1) coke and coke gas produced using fuel qualifying for a steel industry fuel credit are not eligible for the tax credit for producing fuel from a nonconventional source; and (2) accelerated depreciation provisions for smart meters and smart grid systems do not apply to property with a recovery period of less than 16 years. Limits the availability of bonus depreciation for reuse and recycling property. (Sec. 10) Amends the Tax Extenders and Alternative Minium Tax Relief Act of 2008, with respect to withholding requirements applicable to an RIC under the Foreign Investment in Real Property Tax Act (FIRPTA), to: (1) exempt distributions made on or before October 4, 2008, from withholding requirements under such Act, and (2) exempt RICs from liability to a foreign shareholder for amounts withheld by the IRS. Amends the Internal Revenue Code to modify provisions relating to the eligibility of qualified retail improvement property, qualified restaurant property, and qualified leasehold property for bonus depreciation. (Sec. 11) Makes a clerical amendment to the Housing Assistance Tax Act of 2008. (Sec. 12) Amends the Heroes Earnings Assistance and Relief Tax Act of 2008 to provide that the enactment date of such Act (i.e., June 18, 2008) shall apply for determining the limitation period during which retired pay for members of the Uniformed Services is reduced as a result of the award of disability compensation. Makes a technical amendment to the Internal Revenue Code to confirm that a flexible spending account does not fail to be treated as a cafeteria plan or a health flexible spending account merely because the plan provides for qualified reservist distributions. (Sec. 13) Amends the Internal Revenue Code, as amended by the Economic Stimulus Act of 2008, to provide that Internal Revenue Service (IRS) summary assessment procedures shall apply in the case of an omission of a correct taxpayer identification number on a return. (Sec. 14) Amends the Internal Revenue Code, with respect to the tax exclusion of income earned by U.S. citizens or residents living abroad, to reinstate a provision requiring the netting of disallowed tax deductions against excluded income. (Sec. 15) Amends the Internal Revenue Code, as amended by the Tax Relief and Health Care Act of 2006, to coordinate the tax treatment of wages eligible for the Indian employment tax credit with the work opportunity tax credit. (Sec. 16) Amends the Internal Revenue Code, as amended by the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users, to confirm that revenues for the excise tax on aviation fuel and gasoline credited to the Airport and Airways Trust Fund are not similarly credited to the Highway Trust Fund. (Sec. 17) Amends the Internal Revenue Code, as amended by the Energy Tax Incentives Act of 2005, to provide that the basis of any property eligible for the tax credit for alternative fuel vehicle refueling property expenditures shall be reduced by the amount allowed for such credit. (Sec. 18) Amends the American Jobs Creation Act of 2004 to require that the computation of the tax exclusion for extraterritorial income be made without regard to the tax deduction for income attributable to domestic production activities. Extends the authority of the Secretary of the Treasury to make adjustments to wages eligible for such deduction in short taxable years. (Sec. 20) Eliminates provisions in the Internal Revenue Code that are not used in computing current tax liabilities (referred to as deadwood provisions). Provides a savings provision to prevent the repeal of such deadwood provisions from affecting the tax treatment of transactions, acquisitions of property, or items of income, loss, deduction, or credit occurring or accruing prior to the enactment of this Act.

113 S2261 PCS: Tax Technical Corrections Act of 2014 U.S. Senate 2014-04-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 367 113th CONGRESS 2d Session S. 2261 [Report No. 113–155] IN THE SENATE OF THE UNITED STATES April 28, 2014 Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make technical corrections, to remove provisions that are no longer applicable, and for other purposes. 1. Short title; amendment of 1986 Code; table of contents (a) Short title This Act may be cited as the Tax Technical Corrections Act of 2014 (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. Sec. 2. Amendment relating to Middle Class Tax Relief and Job Creation Act of 2012. Sec. 3. Amendments relating to American Taxpayer Relief Act of 2012. Sec. 4. Amendments relating to Regulated Investment Company Modernization Act of 2010. Sec. 5. Amendments relating to Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Sec. 6. Amendments relating to Creating Small Business Jobs Act of 2010. Sec. 7. Clerical amendment relating to Hiring Incentives to Restore Employment Act. Sec. 8. Amendments relating to American Recovery and Reinvestment Tax Act of 2009. Sec. 9. Amendments relating to Energy Improvement and Extension Act of 2008. Sec. 10. Amendments relating to Tax Extenders and Alternative Minimum Tax Relief Act of 2008. Sec. 11. Clerical amendments relating to Housing Assistance Tax Act of 2008. Sec. 12. Amendments and provision relating to Heroes Earnings Assistance and Relief Tax Act of 2008. Sec. 13. Amendments relating to Economic Stimulus Act of 2008. Sec. 14. Amendments relating to Tax Technical Corrections Act of 2007. Sec. 15. Amendment relating to Tax Relief and Health Care Act of 2006. Sec. 16. Amendment relating to Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users. Sec. 17. Amendments relating to Energy Tax Incentives Act of 2005. Sec. 18. Amendments relating to American Jobs Creation Act of 2004. Sec. 19. Other clerical corrections. Sec. 20. Deadwood provisions. 2. Amendment relating to Middle Class Tax Relief and Job Creation Act of 2012 (a) Amendment relating to section 7001 Paragraph (1) of section 7001 of the Middle Class Tax Relief and Job Creation Act of 2012 is amended by striking 201(b) 202(b) (b) Effective date The amendment made by subsection (a) shall take effect as if included in section 7001 of the Middle Class Tax Relief and Job Creation Act of 2012. 3. Amendments relating to American Taxpayer Relief Act of 2012 (a) Amendment relating to section 102 Clause (ii) of section 911(f)(2)(B) is amended by striking described in section 1(h)(1)(B) shall be treated as a reference to such excess as determined described in section 1(h)(1)(B), and the reference in section 55(b)(3)(C)(ii) to the excess described in section 1(h)(1)(C)(ii), shall each be treated as a reference to each such excess as determined (b) Amendments relating to section 104 (1) Clause (ii) of section 55(d)(4)(B) is amended by inserting subparagraphs (A), (B), and (D) of paragraph (1) (2) Subparagraph (C) of section 55(d)(4) is amended by striking increase increased amount (c) Effective date The amendments made by this section shall take effect as if included in the provision of the American Taxpayer Relief Act of 2012 to which they relate. 4. Amendments relating to Regulated Investment Company Modernization Act of 2010 (a) Amendments relating to section 101 (1) Subsection (c) of section 101 of the Regulated Investment Company Modernization Act of 2010 is amended— (A) by striking paragraph (2) paragraphs (2) and (3) (B) by adding at the end the following new paragraph: (3) Excise tax (A) In general Except as provided in subparagraph (B), for purposes of section 4982 of the Internal Revenue Code of 1986, paragraphs (1) and (2) shall apply by substituting the 1-year periods taken into account under subsection (b)(1)(B) of such section with respect to calendar years beginning after December 31, 2010 taxable years beginning after the date of the enactment of this Act (B) Election A regulated investment company may elect to apply subparagraph (A) by substituting 2011 2010 . (2) The first sentence of paragraph (2) of section 852(c) is amended— (A) by striking and without regard to , without regard to (B) by inserting , and without regard to any capital loss arising on the first day of the taxable year by reason of clauses (ii) and (iii) of section 1212(a)(3)(A) (b) Amendment relating to section 304 Paragraph (1) of section 855(a) is amended by inserting on or before (c) Amendments relating to section 308 (1) Paragraph (8) of section 852(b) is amended by redesignating subparagraph (E) as subparagraph (G) and by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: (C) Post-October capital loss For purposes of this paragraph, the term post-October capital loss (i) any net capital loss attributable to the portion of the taxable year after October 31, or (ii) if there is no such loss— (I) any net long-term capital loss attributable to such portion of the taxable year, or (II) any net short-term capital loss attributable to such portion of the taxable year. (D) Late-year ordinary loss For purposes of this paragraph, the term late-year ordinary loss (E) Post-October specified loss For purposes of this paragraph, the term post-October specified loss (i) the specified losses (as defined in section 4982(e)(5)(B)(ii)) attributable to the portion of the taxable year after October 31, over (ii) the specified gains (as defined in section 4982(e)(5)(B)(i)) attributable to such portion of the taxable year. (F) Post-December ordinary loss For purposes of this paragraph, the term post-December ordinary loss (i) the ordinary losses not described in subparagraph (E)(i) and attributable to the portion of the taxable year after December 31, over (ii) the ordinary income not described in subparagraph (E)(ii) and attributable to such portion of the taxable year. . (2) Subparagraph (G) of section 852(b)(8), as so redesignated, is amended by striking , (D)(i)(I), and (D)(ii)(I) and (E) (3) The first sentence of paragraph (2) of section 852(c), as amended by subsection (a), is amended— (A) by striking , and without regard to , without regard to (B) by inserting , and with such other adjustments as the Secretary may prescribe (d) Amendments relating to section 402 (1) Subparagraph (B) of section 4982(e)(6) is amended by inserting before the period at the end the following: or which determines income by reference to the value of an item on the last day of the taxable year (2) Subparagraph (A) of section 4982(e)(7) is amended by striking such company any net ordinary loss such company may elect to determine its ordinary income and net ordinary loss (as defined in paragraph (2)(C)(ii)) for the calendar year without regard to any portion of any net ordinary loss (e) Clerical amendment relating to section 201 Subparagraph (A) of section 851(d)(2) is amended by inserting of this paragraph subparagraph (B)(i) (f) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect as if included in the provision of the Regulated Investment Company Modernization Act of 2010 to which they relate. (2) Savings provision In the case of a regulated investment company which, before the date of the enactment of this Act, elected under paragraph (8) of section 852(b) of the Internal Revenue Code of 1986 (as in effect on the date of such election) for any taxable year ending before such date of enactment to treat any loss as arising in the following taxable year, the amendments made by paragraphs (1) and (2) of subsection (c) shall not apply with respect to such election. 5. Amendments relating to Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (a) Amendment relating to section 103 Clause (ii) of section 32(b)(3)(B) is amended by striking in 2010 after 2009 (b) Clerical amendment relating to section 302 Subsection (f) of section 302 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by striking subsection section (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to which they relate. 6. Amendments relating to Creating Small Business Jobs Act of 2010 (a) Amendments relating to section 2102 (1) Subsection (h) of section 2102 of the Creating Small Business Jobs Act of 2010 is amended by inserting , and payee statements required to be furnished, information returns required to be filed (2) Paragraphs (1) and (2) of subsection (b), and subsection (c)(1)(C), of section 6722 are each amended by striking the required filing date the date prescribed for furnishing such statement (3) Subparagraph (B) of section 6722(c)(2) is amended by striking filed furnished (b) Effective date The amendments made by this section shall take effect as if included in the provision of the Creating Small Business Jobs Act of 2010 to which they relate. 7. Clerical amendment relating to Hiring Incentives to Restore Employment Act (a) Amendment relating to section 512 Paragraph (1) of section 512(a) of the Hiring Incentives to Restore Employment Act is amended by striking after paragraph (6) after paragraph (5) (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Hiring Incentives to Restore Employment Act to which it relates. 8. Amendments relating to American Recovery and Reinvestment Tax Act of 2009 (a) Amendment relating to section 1003 Paragraph (4) of section 24(d) is amended to read as follows: (4) Special rule for certain years In the case of any taxable year beginning after 2008 and before 2018, paragraph (1)(B)(i) shall be applied by substituting $3,000 $10,000 . (b) Amendment relating to section 1004 Paragraph (3) of section 25A(i) is amended by striking Subsection (f)(1)(A) shall be applied For purposes of determining the Hope Scholarship Credit, subsection (f)(1)(A) shall be applied (c) Amendments relating to section 1008 (1) Paragraph (6) of section 164(b) is amended by striking subparagraph (E) and by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively. (2) Subparagraphs (E) and (F) of section 164(b)(6), as so redesignated, are each amended by striking This paragraph Subsection (a)(6) (d) Amendment relating to section 1104 Subparagraph (A) of section 48(d)(3) is amended by inserting or alternative minimum taxable income includible in the gross income (e) Amendments relating to section 1141 (1) Subsection (f) of section 30D is amended— (A) by inserting (determined without regard to subsection (c)) (B) by inserting (determined without regard to subsection (c)) (2) Paragraph (3) of section 30D(f) is amended by adding at the end the following: For purposes of subsection (c), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation. (f) Amendments relating to section 1142 (1) Subsection (b) of section 38 is amended by striking plus (36) the portion of the qualified plug-in electric vehicle credit to which section 30(c)(1) applies, plus . (2) (A) Subsection (e) of section 30 is amended— (i) by inserting (determined without regard to subsection (c)) (ii) by inserting (determined without regard to subsection (c)) (B) Paragraph (3) of section 30(e) is amended by adding at the end the following: For purposes of subsection (c), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation. (g) Amendment relating to section 1302 Paragraph (3) of section 48C(b) is amended by inserting as the qualified investment The amount which is treated (h) Amendments related to section 1541 (1) Paragraph (2) of section 853A(a) is amended by inserting (determined after the application of this section) (2) Subsection (a) of section 853A is amended— (A) by striking with respect to credits with respect to some or all of the credits (B) by inserting (determined without regard to this section and sections 54(c), 54A(c)(1), 54AA(c)(1), and 1397E(c)) credits allowable (3) Subsection (b) of section 853A is amended to read as follows: (b) Effect of election If the election provided in subsection (a) is in effect with respect to any credits for any taxable year— (1) the regulated investment company— (A) shall not be allowed such credits, (B) shall include in gross income (as interest) for such taxable year the amount which would have been so included with respect to such credits had the application of this section not been elected, (C) shall include in earnings and profits the amount so included in gross income, and (D) shall be treated as making one or more distributions of money with respect to its stock equal to the amount of such credits on the date or dates (on or after the applicable date for any such credit) during such taxable year (or following the close of the taxable year pursuant to section 855) selected by the company, and (2) each shareholder of such investment company shall— (A) be treated as receiving such shareholder’s proportionate share of any distribution of money which is treated as made by such investment company under paragraph (1)(D), and (B) be allowed credits against the tax imposed by this chapter equal to the amount of such distribution, subject to the provisions of this title applicable to the credit involved. . (4) Subsection (c) of section 853A is amended to read as follows: (c) Notice to shareholders The amount treated as a distribution of money received by a shareholder under subsection (b)(2)(A) (and as credits allowed to such shareholder under subsection (b)(2)(B)) shall not exceed the amount so reported by the regulated investment company in a written statement furnished to such shareholder. . (5) Clause (ii) of section 853A(e)(1)(A) is amended by inserting other than a qualified bond described in section 54AA(g) as defined in section 54AA(d)) (i) Amendments relating to section 2202 (1) Subparagraph (A) of section 2202(b)(1) of the division B of the American Recovery and Reinvestment Act of 2009 is amended by inserting political subdivision of a State, any State, (2) Section 2202 of division B of the American Recovery and Reinvestment Act of 2009 is amended by adding at the end the following new subsection: (e) Treatment of Possessions (1) Payments to mirror code possessions The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of credits allowed under subsection (a) with respect to taxable years beginning in 2009. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Coordination with credit allowed against united states income taxes No credit shall be allowed against United States income taxes for any taxable year under this section to any person to whom a credit is allowed against taxes imposed by the possession by reason of the credit allowed under subsection (a) for such taxable year. (3) Definitions and special rules (A) Possession of the united states For purposes of this subsection, the term possession of the United States (B) Mirror code tax system For purposes of this subsection, the term mirror code tax system (C) Treatment of payments For purposes of section 1324(b)(2) section 36A . (j) Clerical amendments (1) Amendment relating to section 1131 Paragraph (2) of section 45Q(d) is amended by striking Administrator of the Environmental Protection Agency shall establish Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall establish (2) Amendment relating to section 1141 Paragraph (37) of section 1016(a) is amended by striking section 30D(e)(4) section 30D(f)(1) (3) Amendment relating to section 3001 Subparagraph (A) of section 3001(a)(14) of the American Recovery and Reinvestment Act of 2009 is amended by striking is amended by redesignating paragraph (9) as paragraph (10) , as amended by this Act, is amended by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively, (k) Effective date The amendments made by this section shall take effect as if included in the provisions of the American Recovery and Reinvestment Tax Act of 2009 to which they relate. 9. Amendments relating to Energy Improvement and Extension Act of 2008 (a) Amendment relating to section 108 Subparagraph (E) of section 45K(g)(2) is amended to read as follows: (E) Coordination with section 45 No credit shall be allowed with respect to any coke or coke gas which is produced using steel industry fuel (as defined in section 45(c)(7)) as feedstock if a credit is allowed to any taxpayer under section 45 with respect to the production of such steel industry fuel. . (b) Amendment relating to section 113 Paragraph (1) of section 113(b) of the Energy Improvement and Extension Act of 2008 is amended by adding at the end the following new subparagraph: (F) Trust Fund The term Trust Fund . (c) Amendments relating to section 306 (1) Clause (ii) of section 168(i)(18)(A) is amended by striking 10 years 16 years (2) Clause (ii) of section 168(i)(19)(A) is amended by striking 10 years 16 years (d) Amendment relating to section 308 Clause (i) of section 168(m)(2)(B) is amended by striking section 168(k) subsection (k) (determined without regard to paragraph (4) thereof) (e) Amendment relating to section 402 Subparagraph (A) of section 907(f)(4) is amended by striking this subsection shall be applied this subsection, as in effect on the day before the date of the enactment of the Energy Improvement and Extension Act of 2008, shall apply to unused oil and gas extraction taxes carried from such unused credit year to a taxable year beginning after December 31, 2008. (f) Amendments relating to section 403 (1) Subsection (c) of section 1012 is amended— (A) by striking funds regulated investment companies (B) by striking fund (C) by striking fund regulated investment company (2) Paragraph (1) of section 1012(d) is amended— (A) by striking December 31, 2010 December 31, 2011 (B) by striking an open-end fund a regulated investment company (3) Paragraph (3) of section 1012(d) is amended to read as follows: (3) Separate accounts; election for treatment as single account (A) In general Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection. (B) Average basis for pre-2012 stock Notwithstanding paragraph (1), in the case of an election under rules similar to the rules of subsection (c)(2)(B) with respect to stock held in connection with a dividend reinvestment plan, the average basis method is permissible with respect to all such stock without regard to the date of the acquisition of such stock. . (4) Subsection (g) of section 6045 is amended by adding at the end the following new paragraph: (6) Special rule for certain stock held in connection with dividend reinvestment plan For purposes of this subsection, stock acquired before January 1, 2012, in connection with a dividend reinvestment plan shall be treated as stock described in clause (ii) of paragraph (3)(C) (unless the broker with respect to such stock elects not to have this paragraph apply with respect to such stock). . (g) Clerical amendment relating to section 108 Paragraph (2) of section 45(b) is amended by striking $3 amount $2 amount (h) Effective date The amendments made by this section shall take effect as if included in the provisions of the Energy Improvement and Extension Act of 2008 to which they relate. 10. Amendments relating to Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (a) Amendment relating to section 208 Subsection (b) of section 208 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 is amended to read as follows: (b) Effective date (1) In general The amendment made by subsection (a) shall take effect on January 1, 2008. Notwithstanding the preceding sentence, such amendment shall not apply with respect to the withholding requirement under section 1445 of the Internal Revenue Code of 1986 for any payment made before October 4, 2008. (2) Amounts withheld on or before date of enactment In the case of a regulated investment company— (A) which makes a distribution after December 31, 2007, and before October 4, 2008, and (B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect to such distribution under section 1445 of such Code, such investment company shall not be liable to any person to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury. . (b) Amendments relating to section 305 Paragraphs (7)(B) and (8)(D) of section 168(e) are each amended by inserting which is not qualified leasehold improvement property Property described in this paragraph (c) Clerical amendments (1) Amendment relating to section 306 Paragraph (5) of section 168(b) is amended by striking (2)(C) (2)(D) (2) Amendments relating to section 706 (A) Paragraph (2) of section 1033(h) is amended by inserting is compulsorily (B) Subclause (II) of section 172(b)(1)(F)(ii) is amended by striking subsection (h)(3)(C)(i) section 165(h)(3)(C)(i) (C) The heading for paragraph (1) of section 165(h) is amended by striking $100 Dollar (3) Amendment relating to section 709 Subsection (k) of section 143 is amended by redesignating the second paragraph (12) (relating to special rules for residences destroyed in Federally declared disasters) as paragraph (13). (4) Amendment relating to section 712 Section 712 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 is amended by striking section 702(c)(1)(A) section 702(b)(1)(A) (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 to which they relate. 11. Clerical amendments relating to Housing Assistance Tax Act of 2008 (a) Amendment relating to section 3002 Paragraph (1) of section 42(b) is amended by striking For purposes of this section, the term For purposes of this section— (A) In general The term . (b) Amendment relating to section 3081 Clause (iv) of section 168(k)(4)(E) is amended by striking adjusted minimum tax adjusted net minimum tax (c) Amendment relating to section 3092 Subsection (b) of section 121 is amended by redesignating the second paragraph (4) (relating to exclusion of gain allocated to nonqualified use) as paragraph (5). (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Housing Assistance Tax Act of 2008 to which they relate. 12. Amendments and provision relating to Heroes Earnings Assistance and Relief Tax Act of 2008 (a) Amendment relating to section 106 Paragraph (2) of section 106(c) of the Heroes Earnings Assistance and Relief Tax Act of 2008 is amended by striking substituting for substituting June 17, 2008 (b) Amendment relating to section 114 Paragraph (1) of section 125(h) is amended by inserting (and shall not fail to be treated as an accident or health plan) merely (c) Clerical amendments (1) Amendment relating to section 110 Subparagraph (B) of section 121(d)(12) is amended by inserting of paragraph (9) and (D) (2) Amendment relating to section 301 Paragraph (2) of section 877(e) is amended by striking subparagraph (A) or (B) of (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008 to which they relate. 13. Amendments relating to Economic Stimulus Act of 2008 (a) Amendments relating to section 101 Paragraph (2) of section 6213(g) is amended— (1) by striking 32, or 6428 or 32 (2) by striking and , and (Q) an omission of a correct TIN required under section 6428(h) (relating to 2008 recovery rebates for individuals) to be included on a return. . (b) Clerical amendment relating to section 103 Subclause (IV) of section 168(k)(2)(B)(i) is amended by striking clauses also apply clause also applies (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Economic Stimulus Act of 2008 to which they relate. 14. Amendments relating to Tax Technical Corrections Act of 2007 (a) Amendment relating to section 4(c) Paragraph (1) of section 911(f) is amended by adding at the end the following flush sentence: For purposes of this paragraph, the amount excluded under subsection (a) shall be reduced by the aggregate amount of any deductions or exclusions disallowed under subsection (d)(6) with respect to such excluded amount. . (b) Clerical amendment relating to section 11(g) Clause (iv) of section 56(g)(4)(C) is amended by striking a cooperative described in section 927(a)(4) an organization to which part I of subchapter T (relating to tax treatment of cooperatives) applies which is engaged in the marketing of agricultural or horticultural products (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Technical Corrections Act of 2007 to which they relate. 15. Amendment relating to Tax Relief and Health Care Act of 2006 (a) Amendment relating to section 105 Subparagraph (B) of section 45A(b)(1) is amended by adding at the end the following: If any portion of wages are taken into account under subsection (e)(1)(A) of section 51, the preceding sentence shall be applied by substituting 2-year period 1-year period (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Tax Relief and Health Care Act of 2006 to which it relates. 16. Amendment relating to Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users (a) Amendment relating to section 11161 Paragraph (1) of section 9503(b) is amended by inserting before the period at the end the following: and taxes received under section 4081 shall be determined without regard to tax receipts attributable to the rate specified in section 4081(a)(2)(C) (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users to which it relates. 17. Amendments relating to Energy Tax Incentives Act of 2005 (a) Amendment relating to section 1341 Subparagraph (B) of section 30B(h)(5) is amended by inserting (determined without regard to subsection (g)) (b) Amendment relating to section 1342 Paragraph (1) of section 30C(e) is amended to read as follows: (1) Reduction in basis For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). . (c) Effective date The amendments made by this section shall take effect as if included in the provision of the Energy Tax Incentives Act of 2005 to which it relates. 18. Amendments relating to American Jobs Creation Act of 2004 (a) Amendment relating to section 101 Subsection (d) of section 101 of the American Jobs Creation Act of 2004 is amended by adding at the end the following new paragraph: (3) Coordination with section 199 This subsection shall be applied without regard to any deduction allowable under section 199. . (b) Amendments relating to section 102 Paragraph (3) of section 199(b) is amended— (1) by inserting of a short taxable year or in cases (2) by striking and dispositions , dispositions, and short taxable years (c) Clerical amendment relating to section 413 Paragraph (7) of section 904(h) is amended by striking as ordinary income under section 1246 or (d) Effective date The amendments made by this section shall take effect as if included in the provision of the American Jobs Creation Act of 2004 to which they relate. 19. Other clerical corrections (a) Paragraph (8) of section 30B(h) is amended by striking vehicle)., except that vehicle), except that (b) Subparagraph (A) of section 38(c)(2) is amended by striking credit credit credit (c) Section 46 is amended by adding a comma at the end of paragraph (4). (d) Subparagraph (E) of section 50(a)(2) is amended by inserting , 48A(b)(3), 48B(b)(3), 48C(b)(2), or 48D(b)(4) under section 48(b) (e) Clause (i) of section 54A(d)(2)(A) is amended by striking 100 percent or more 100 percent (f) Paragraph (2) of section 125(b) is amended by striking statutory nontaxable benefits qualified benefits (g) Paragraph (2) of section 125(h) is amended by striking means, any means any (h) Subparagraph (F) of section 163(h)(4) is amended by striking Veterans Administration or the Rural Housing Administration Department of Veterans Affairs or the Rural Housing Service (i) Subsection (a) of section 249 is amended by striking 1563(a)(1) 1563(a)(1)) (j) Paragraphs (8) and (10) of section 280F(d) are each amended by striking subsection (a)(2) subsection (a)(1) (k) Clause (iii) of section 402A(c)(4)(E) is amended by striking 403(b)(7)(A)(i) 403(b)(7)(A)(ii) (l) Subsection (b) of section 858 is amended by striking 857(b)(8) 857(b)(9) (m) Subparagraph (A) of section 1012(c)(2) is amended by striking section 1012 this section (n) The heading for section 1394(f) is amended by striking designated under section 1391(g) (o) Paragraphs (1) and (2)(A) of section 1394(f) are each amended by striking a new empowerment zone facility bond an empowerment zone facility bond (p) Subsections (e)(3)(B) and (f)(7)(B) of section 4943 are each amended by striking January 1, 1970 January 1, 1971 (q) Paragraph (2) of section 4982(f) is amended by adding a comma at the end. (r) Paragraph (3) of section 6011(e) is amended by striking shall require than shall require that (s) Subsection (b) of section 6072 is amended by striking 6011(e)(2) 6011(c)(2) (t) Subsection (d) of section 6104 is amended by redesignating the second paragraph (6) (relating to disclosure of reports by Internal Revenue Service) and third paragraph (6) (relating to application to nonexempt charitable trusts and nonexempt private foundations) as paragraphs (7) and (8), respectively. (u) Subsection (c) of section 6662A is amended by striking section 6664(d)(2)(A) section 6664(d)(3)(A) (v) Subparagraph (FF) of section 6724(d)(2) is amended by striking section 6050W(c) section 6050W(f) (w) Section 9802 is amended by redesignating the second subsection (f) (relating to genetic information of a fetus or embryo) as subsection (g). (x) Paragraph (3) of section 13(e) of the Worker, Homeownership, and Business Assistance Act of 2009 is amended by striking subsection (d) subsection (c) 20. Deadwood provisions (a) In general (1) Adjustments in tax tables so that inflation will not result in tax increases Paragraph (7) of section 1(f) is amended to read as follows: (7) Special rule for certain brackets In prescribing tables under paragraph (1) which apply to taxable years beginning in a calendar year after 1994, the cost-of-living adjustment used in making adjustments to the dollar amounts at which the 36 percent rate bracket begins or at which the 39.6 percent rate bracket begins shall be determined under paragraph (3) by substituting 1993 1992 . (2) Certain plug-in electric vehicles (A) Subpart B of part IV of subchapter A of chapter 1 is amended by striking section 30 (and by striking the item relating to such section in the table of sections for such subpart). (B) Subsection (b) of section 38, as amended by section 8(f)(1) of this Act, is amended by inserting plus (C) Subclause (VI) of section 48C(c)(1)(A)(i) is amended by striking , qualified plug-in electric vehicles (as defined by section 30(d)), (D) Section 1016(a) is amended by striking paragraph (25). (E) Section 6501(m) is amended by striking section 30(e)(6), (3) Earned income credit (A) Paragraph (1) of section 32(b) is amended— (i) by striking subparagraphs (B) and (C), and (ii) by striking (a) In general (B) Subparagraph (B) of section 32(b)(2) is amended by striking increased by increased by $3,000. (4) First-time homebuyer credit Section 6213(g)(2) is amended by striking subparagraph (P), as amended by section 13(a)(2). (5) Making work pay credit (A) Subpart C of part IV of subchapter A of chapter 1 is amended by striking section 36A (and by striking the item relating to such section in the table of sections for such subpart). (B) Subparagraph (A) of section 6211(b)(4) is amended by striking , 36A (C) Section 6213(g)(2) is amended by striking subparagraph (N). (6) General business credits Subsection (d) of section 38 is amended by striking paragraph (3). (7) Low-income housing credit Subclause (I) of section 42(h)(3)(C)(ii) is amended by striking ($1.50 for 2001) (8) Minimum tax credit (A) (i) Section 53 is amended by striking subsections (e) and (f). (ii) The amendment made by clause (i) striking subsection (f) of section 53 of the Internal Revenue Code of 1986 shall not be construed to allow any tax abated by reason of section 53(f)(1) of such Code (as in effect before such amendment) to be included in the amount determined under section 53(b)(1) of such Code. (B) Paragraph (4) of section 6211(b)(4) is amended by striking , 53(e) (9) Adjustments based on adjusted current earnings Clause (ii) of section 56(g)(4)(F) is amended by striking In the case of any taxable year beginning after December 31, 1992, clause Clause (10) Items of tax preference; depletion Paragraph (1) of section 57(a) is amended by striking Effective with respect to taxable years beginning after December 31, 1992, this This (11) Intangible drilling costs (A) Clause (i) of section 57(a)(2)(E) is amended by striking In the case of any taxable year beginning after December 31, 1992, this This (B) Clause (ii) of section 57(a)(2)(E) is amended by striking (30 percent in the case of taxable years beginning in 1993) (12) Environmental tax (A) Subchapter A of chapter 1 is amended by striking part VII (and by striking the item relating to such part in the table of parts for such subchapter). (B) Paragraph (2) of section 26(b) is amended by striking subparagraph (B). (C) Section 30A(c) is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (D) Subsection (a) of section 164 is amended by striking paragraph (5). (E) Section 275(a) is amended by striking the last sentence. (F) Section 882(a)(1) is amended by striking , 59A (G) Section 936(a)(3) is amended by striking subparagraph (A) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. (H) Section 1561(a) is amended— (i) by inserting and , and (ii) by striking , the amount specified in paragraph (3), and the amount specified in paragraph (4) and the amount specified in paragraph (3) (I) Section 4611(e) is amended— (i) by striking section 59A, this section, this section (ii) in paragraph (3)(A)— (I) by striking section 59A, (II) by striking the comma after rate) (J) Section 6425(c)(1)(A) is amended by inserting plus plus over (K) Section 6655 is amended— (i) by striking clause (iii) of subsection (e)(2)(B) and inserting: (iii) Modified alternative minimum taxable income The term modified alternative minimum taxable income , and (ii) in subsection (g)(1)(A), by inserting plus (L) Section 9507(b)(1) is amended by striking 59A, (13) Standard deduction (A) So much of paragraph (1) of section 63(c) as follows “the sum of—“ is amended to read as follows: (A) the basic standard deduction, and (B) the additional standard deduction. . (B) Subsection (e) of section 63 is amended by striking paragraphs (7), (8), and (9). (14) Annuities; certain proceeds of endowment and life insurance contracts Section 72 is amended— (A) in subsection (c)(4), by striking ; except that if such date was before January 1, 1954, then the annuity starting date is January 1, 1954 (B) in subsection (g)(3), by striking January 1, 1954, or , whichever is later (15) Unemployment compensation Section 85 is amended by striking subsection (c). (16) Accident and health plans Section 105(f) is amended by striking or (d) (17) Flexible spending arrangements Section 106(c)(1) is amended by striking Effective on and after January 1, 1997, gross Gross (18) Certain combat zone compensation of members of the armed forces Subsection (c) of section 112 is amended— (A) by striking (after June 24, 1950) (B) striking such zone; such zone. (19) Legal service plans (A) Part III of subchapter B of chapter 1 is amended by striking section 120 (and by striking the item relating to such section in the table of sections for such subpart). (B) (i) Section 414(n)(3)(C) is amended by striking 120, (ii) Section 414(t)(2) is amended by striking 120, (iii) Section 501(c) is amended by striking paragraph (20). (iv) Section 3121(a) is amended by striking paragraph (17). (v) Section 3231(e) is amended by striking paragraph (7). (vi) Section 3306(b) is amended by striking paragraph (12). (vii) Section 6039D(d)(1) is amended by striking 120, (viii) Section 209(a)(14) of the Social Security Act is amended— (I) by striking subparagraph (B), and (II) by striking (14)(A) (14) (20) Principal residence Section 121(b)(3) is amended— (A) by striking subparagraph (B), and (B) in subparagraph (A), by striking (A) In general (21) Certain reduced uniformed services retirement pay Section 122(b)(1) is amended by striking after December 31, 1965, (22) Great plains conservation program Section 126(a) is amended by striking paragraph (6) and by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (6), (7), (8), and (9), respectively. (23) Treble damage payments under the antitrust law Section 162(g) is amended by striking the last sentence. (24) State legislators’ travel expenses away from home Paragraph (4) of section 162(h) is amended by striking For taxable years beginning after December 31, 1980, this This (25) Interest (A) Section 163 is amended— (i) by striking paragraph (6) of subsection (d), and (ii) by striking paragraph (5) of subsection (h). (B) Section 56(b)(1)(C) is amended by striking clause (ii) and by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively. (26) Qualified motor vehicle taxes Section 164 is amended by striking subsections (a)(6) and (b)(6). (27) Disaster losses (A) Subsection (h) of section 165 is amended by striking paragraph (3). (B) Subsection (i) of section 165 is amended— (i) in paragraph (1)— (I) by striking (as defined by clause (ii) of subsection (h)(3)(C)) (II) by striking (as defined by clause (i) of such subsection) (ii) by striking (as defined by subsection (h)(3)(C)(i) (iii) by adding at the end the following new paragraph: (5) Federally declared disasters For purposes of this subsection— (A) In general The term Federally declared disaster (B) Disaster area The term disaster area . (C) Section 1033(h)(3) is amended by striking section 165(h)(3)(C) section 165(i))(5) (28) Charitable, etc., contributions and gifts Section 170 is amended— (A) by striking paragraph (3) of subsection (b), (B) by striking paragraph (6) of subsection (e), and (C) by striking subsection (k). (29) Amortizable bond premium (A) Subparagraph (B) of section 171(b)(1) is amended to read as follows: (B) (i) with reference to the amount payable on maturity (or if it results in a smaller amortizable bond premium attributable to the period before the call date, with reference to the amount payable on the earlier call date), in the case of a bond described in subsection (a)(1), and (ii) with reference to the amount payable on maturity or on an earlier call date, in the case of a bond described in subsection (a)(2). . (B) Paragraphs (2) and (3)(B) of section 171(b) are each amended by striking paragraph (1)(B)(ii) paragraph (1)(B)(i) (30) Net operating loss carrybacks, carryovers, and carryforwards (A) Section 172 is amended— (i) by striking subparagraphs (D), (H), (I) and (J) of subsection (b)(1) and by redesignating subparagraphs (E), (F), and (G) as subparagraphs (D), (E), and (F), respectively, and (ii) by striking subsections (g) and (j) and by redesignating subsections (h), (i), and (k) as subsections (g), (h), and (i), respectively. (B) Each of the following provisions of section 172 (as redesignated by subparagraph (A)) are amended as follows: (i) By striking ending after August 2, 1989 (ii) By striking subsection (h) subsection (g) (iii) By striking section 165(h)(3)(C)(i) section 165(i)(5) (iv) By striking subsection (i) subsection (h)). (v) By striking subsection (i) subsection (h) (vi) By striking subparagraph (F) of paragraph (2) of subsection (g). (vii) By striking subsection (b)(1)(E) subsection (b)(1)(D) (viii) By striking the last sentence of subsection (h)(1). (ix) By striking subsection (b)(1)(G) subsection (b)(1)(F) (C) Paragraph (5) of section 382(l) is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (31) Research and experimental expenditures Subparagraph (A) of section 174(a)(2) is amended to read as follows: (I) Without consent A taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. . (32) Amortization of certain research and experimental expenditures Paragraph (2) of section 174(b) is amended by striking beginning after December 31, 1953 (33) Soil and water conservation expenditures Paragraph (1) of section 175(d) is amended to read as follows: (1) Without consent A taxpayer may, without the consent of the Secretary, adopt the method provided in this section for the taxpayer’s first taxable year for which expenditures described in subsection (a) are paid or incurred. . (34) Clean-fuel vehicles (A) Part VI of subchapter A of chapter 1 is amended by striking section 179A (and by striking the item relating to such section in the table of sections for such part). (B) Section 30C(e) is amended by adding at the end the following: (7) Reference For purposes of this section, any reference to section 179A shall be treated as a reference to such section as in effect immediately before its repeal. . (C) Section 62(a) is amended by striking paragraph (14). (D) Section 263(a)(1) is amended by striking subparagraph (H). (E) Section 280F(a)(1) is amended by striking subparagraph (C). (F) Section 312(k)(3) is amended by striking 179A, (G) Section 1016(a) is amended by striking paragraph (24). (H) Section 1245(a) is amended by striking 179A, (35) Qualified disaster expenses Part VI of subchapter A of chapter 1 is amended by striking section 198A (and by striking the item relating to such section in the table of sections for such part). (36) Activities not engaged in for profit Section 183(e)(1) is amended by striking the last sentence. (37) Domestic production activities (A) Subsection (a) of section 199 is amended by striking paragraph (2) and by striking In general (B) Paragraphs (2) and (6)(B) of section 199(d) are each amended by striking (a)(1)(B) (a)(2) (38) Retirement savings (A) Subparagraph (A) of section 219(b)(5) is amended to read as follows: (A) In general The deductible amount is $5,000. . (B) Clause (ii) of section 219(b)(5)(B) is amended to read: (ii) Applicable amount For purposes of clause (i), the applicable amount is $1,000. . (C) Clause (ii) of section 219(g)(2)(A) is amended by striking for a taxable year beginning after December 31, 2006 (D) Section 219(g)(3)(B) is amended by striking clauses (i) and (ii) and inserting the following: (i) In the case of a taxpayer filing a joint return, $80,000. (ii) In the case of any other taxpayer (other than a married individual filing a separate return), $50,000. . (E) Paragraph (8) of section 219(g) is amended by striking the dollar amount in the last row of the table contained in paragraph (3)(B)(i), the dollar amount in the last row of the table contained in paragraph (3)(B)(ii), and the dollar amount contained in paragraph (7)(A), each of the dollar amounts in paragraphs (3)(B)(i), (3)(B)(ii), and (7)(A) (39) Reports regarding qualified voluntary retirement contributions (A) Section 219 is amended by striking paragraph (4) of subsection (f) and subsection (h). (B) Section 6652 is amended by striking subsection (g). (40) Interest on education loans Paragraph (1) of section 221(b) is amended by striking shall not exceed shall not exceed $2,500. (41) Dividends received on certain preferred stock; and dividends paid on certain preferred stock of public utilities (A) Sections 244 and 247 are hereby repealed, and the table of sections for part VIII of subchapter B of chapter 1 is amended by striking the items relating to sections 244 and 247. (B) Paragraph (5) of section 172(d) is amended to read as follows: (5) Computation of deduction for dividends received The deductions allowed by section 243 (relating to dividends received by corporations) and 245 (relating to dividends received from certain foreign corporations) shall be computed without regard to section 246(b) (relating to limitation on aggregate amount of deductions). . (C) Paragraph (1) of section 243(c) is amended to read as follows: (1) In general In the case of any dividend received from a 20-percent owned corporation, subsection (a)(1) shall be applied by substituting ’80 percent’ for 70 percent . (D) Section 243(d) is amended by striking paragraph (4). (E) Section 246 is amended— (i) by striking , 244, (ii) in subsection (b)(1)— (I) by striking sections 243(a)(1), and 244(a), section 243(a)(1) (II) by striking 244(a), (III) by striking subsection (a) or (b) of section 245, and 247, and subsection (a) or (b) of section 245, (iii) by striking , 244, (F) Section 246A is amended by striking , 244, (G) Sections 263(g)(2)(B)(iii), 277(a), 301(e)(2), 469(e)(4), 512(a)(3)(A), subparagraphs (A), (C), and (D) of section 805(a)(4), 805(b)(5), 812(e)(2)(A), 815(c)(2)(A)(iii), 832(b)(5), 833(b)(3)(E), and 1059(b)(2)(B) are each amended by striking , 244, (H) Section 1244(c)(2)(C) is amended by striking 244, (I) Section 805(a)(4)(B) is amended by striking , 244(a), (J) Section 810(c)(2)(B) is amended by striking 244 (relating to dividends on certain preferred stock of public utilities), (K) The amendments made by this paragraph shall not apply to preferred stock issued before October 1, 1942 (determined in the same manner as under section 247 of the Internal Revenue Code of 1986 as in effect before its repeal by such amendments). (42) Organization expenses Section 248(c) is amended by striking beginning after December 31, 1953, (43) Bond repurchase premium Section 249(b)(1) is amended by striking , in the case of bonds or other evidences of indebtedness issued after February 28, 1913, (44) Amount of gain where loss previously disallowed Section 267(d) is amended by striking (or by reason of section 24(b) of the Internal Revenue Code of 1939) after December 31, 1953, or by reason of section 118 of the Internal Revenue Code of 1939 (45) Acquisitions made to evade or avoid income tax Paragraphs (1) and (2) of section 269(a) are each amended by striking or acquired on or after October 8, 1940, (46) Meals and entertainment Paragraph (3) of section 274(n) is amended— (A) by striking (A) In general (B) by striking substituting the applicable percentage substituting 80 percent (C) by striking subparagraph (B). (47) Interest on indebtedness incurred by corporations to acquire stock or assets of another corporation (A) Section 279 is amended— (i) by striking after December 31, 1967, (ii) by striking after October 9, 1969, (iii) by striking after October 9, 1969, and (iv) by striking subsection (i) and redesignating subsection (j) as subsection (i). (B) The amendments made by this paragraph shall not— (i) apply to obligations issued on or before October 9, 1969 (determined in the same manner as under section 279 of the Internal Revenue Code of 1986 as in effect before such amendments), and (ii) be construed to require interest on obligations issued on or before December 31, 1967, to be taken into account under section 279(a)(2) of such Code (as in effect after such amendments). (48) Bank holding companies (A) Clause (iii) of section 304(b)(3)(D) is repealed. (B) The heading of subparagraph (D) of section 304(b)(3) is amended by striking and special rule (49) Effect on earnings and profits Subsection (d) of section 312 is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (50) Disqualified stock Paragraph (3) of section 355(d) is amended by striking after October 9, 1990, and (51) Basis to corporations Section 362 is amended by striking on or after June 22, 1954 , on or after June 22, 1954, (52) Individual retirement accounts Clause (i) of section 408(p)(2)(E) is amended to read as follows: (i) In general For purposes of subparagraph (A)(ii), the applicable amount is $10,000. . (53) Tax credit employee stock ownership plans Section 409 is amended by striking subsection (q). (54) Catch-up contributions Subparagraph (B) of section 414(v)(2) is amended to read as follows: (II) (i) In the case of an applicable employer plan other than a plan described in section 401(k)(11) or 408(p), the applicable dollar amount is $5,000. (ii) In the case of an applicable employer plan described in section 401(k)(11) or 408(p), the applicable dollar amount is $2,500. . (55) Employee stock purchase plans Section 423(a) is amended by striking after December 31, 1963, (56) Transition rules (A) (i) Paragraph (5) of section 430(c) is amended by striking subparagraph (B) and by striking (A) In general (ii) Paragraph (5) of section 303(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.1082(c)) is amended by striking subparagraph (B) and by striking (A) In general (B) (i) Paragraph (2) of section 430(h) is amended by striking subparagraph (G). (ii) Paragraph (2) of section 303(h) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.1082(h)) is amended by striking subparagraph (G). (C) (i) Paragraph (3) of section 436(j) is amended by striking subparagraphs (B) and (C) and by striking (A) In general (ii) Subparagraph (C) of section 206(g)(9) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)(9)) is amended by striking clauses (ii) and (iii) and by striking (i) In general (D) (i) Section 436 is amended by striking subsection (m). (ii) Section 206(g) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g) (57) Limitation on deductions for certain farming (A) Section 464 is amended by striking any farming syndicate (as defined in subsection (c)) any taxpayer to whom subsection (d) applies (B) (i) Subsection (c) of section 464 is hereby moved to the end of section 461 and redesignated as subsection (j). (ii) Such subsection (j) is amended— (I) by striking For purposes of this section For purposes of subsection (i)(4) (II) by adding at the end the following new paragraphs: (3) Farming For purposes of this subsection, the term farming (4) Limited entrepreneur For purposes of this subsection, the term limited entrepreneur (A) has an interest in an enterprise other than as a limited partner, and (B) does not actively participate in the management of such enterprise. . (iii) Paragraph (4) of section 461(i) is amended by striking section 464(c) subsection (j) (C) Section 464 is amended— (i) by striking subsections (e) and (g) and redesignating subsections (d) and (f) as subsections (c) and (d), respectively, and (ii) by adding at the end the following new subsection: (e) Farming For purposes of this section, the term farming . (D) Subsection (d) of section 464 of such Code (as redesignated by subparagraph (C)) is amended— (i) by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, and (ii) by striking Subsections (a) and (b) to apply to (E) Subparagraph (A) of section 58(a)(2) is amended by striking section 464(c) section 461(j) (58) Deductions limited to amount at risk Subparagraph (A) of section 465(c)(3) is amended by striking In the case of taxable years beginning after December 31, 1978, this This (59) Passive activity losses and credits limited (A) Section 469 is amended by striking subsection (m). (B) Subsection (b) of section 58 is amended by adding and (60) Adjustments required by changes in method of accounting Section 481(b)(3) is amended by striking subparagraph (C). (61) Exemption from tax on corporations, certain trusts, etc Section 501 is amended by striking subsection (s). (62) Requirements for exemption (A) Section 503(a)(1) is amended to read as follows: (1) General rule An organization described in paragraph (17) or (18) of section 501(c), or described in section 401(a) and referred to in section 4975(g)(2) or (3), shall not be exempt from taxation under section 501(a) if it has engaged in a prohibited transaction. . (B) Paragraph (2) of section 503(a) is amended by striking described in section 501(c)(17) or (18) or paragraph (a)(1)(B) described in paragraph (1) (C) Subsection (c) of section 503 is amended by striking described in section 501(c)(17) or (18) or subsection (a)(1)(B) described in subsection (a)(1) (63) Accumulated taxable income Paragraph (1) of section 535(b) and paragraph (1) of section 545(b) are each amended by striking section 531 section 531 or the personal holding company tax imposed by section 541. (64) Definition of property Subsection (b) of section 614 is amended— (A) by striking paragraphs (3)(C) and (5), and (B) in paragraph (4), by striking whichever of the following years is later: The first taxable year beginning after December 31, 1963, or (65) Amounts received by surviving annuitant under joint and survivor annuity contract Subparagraph (A) of section 691(d)(1) is amended by striking after December 31, 1953, and (66) Income taxes of members of armed forces on death Section 692(a)(1) is amended by striking after June 24, 1950 (67) Special rules for computing reserves Paragraph (7) of section 807(e) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (68) Insurance company taxable income (A) Section 832(e) is amended by striking of taxable years beginning after December 31, 1966, (B) Section 832(e)(6) is amended by striking In the case of any taxable year beginning after December 31, 1970, the The (69) Capitalization of certain policy acquisition expenses Section 848 is amended by striking subsection (j). (70) Tax on nonresident alien individuals Subparagraph (B) of section 871(a)(1) is amended to read as follows: (II) gains described in subsection (b) or (c) of section 631, . (71) Limitation on credit Paragraph (2) of section 904(d) is amended by striking subparagraph (J). (72) Foreign earned income Clause (i) of section 911(b)(2)(D) is amended to read as follows: (i) In general The exclusion amount for any calendar year is $80,000. . (73) Basis of property acquired from decedent Section 1014 is amended— (A) by striking or section 811(j) of the Internal Revenue Code of 1939 where the decedent died after October 21, 1942 (B) by striking paragraphs (7) and (8) of subsection (b). (74) Adjusted basis Section 1016(a) is amended by striking paragraph (12). (75) Property on which lessee has made improvements Section 1019 is amended by striking the last sentence. (76) Involuntary conversion Section 1033 is amended by striking subsection (j) and by redesignating subsections (k) and (l) as subsections (j) and (k), respectively. (77) Property acquired during affiliation Section 1051 is hereby repealed, and the table of sections for part IV of subchapter O of chapter 1 is amended by striking the item relating to section 1051. (78) Capital gains and losses Section 1222 is amended by striking the last sentence. (79) Holding period of property (A) Paragraph (1) of section 1223 is amended by striking after March 1, 1954, (B) Paragraph (4) of section 1223 is amended by striking ‘(or under so much of section 1052(c) as refers to section 113(a)(23) of the Internal Revenue Code of 1939) (C) Paragraphs (6) and (8) of section 1223 are repealed. (80) Property used in the trade or business and involuntary conversions Subparagraph (A) of section 1231(c)(2) is amended by striking beginning after December 31, 1981 (81) Sale or exchange of patents Section 1235 is amended— (A) by striking subsection (c) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively, and (B) by striking subsection (d) subsection (c) (82) Dealers in securities Subsection (b) of section 1236 is amended by striking after November 19, 1951, (83) Sale of patents Subsection (a) of section 1249 is amended by striking after December 31, 1962, (84) Gain from disposition of farmland Paragraph (1) of section 1252(a) is amended— (A) by striking after December 31, 1969 (B) by striking after December 31, 1969, (85) Treatment of amounts received on retirement or sale or exchange of debt instruments Subsection (c) of section 1271 is amended to read as follows: (c) Special rule for certain obligations with respect to which original issue discount not currently includible (1) In general On the sale or exchange of debt instruments issued by a government or political subdivision thereof after December 31, 1954, and before July 2, 1982, or by a corporation after December 31, 1954, and on or before May 27, 1969, any gain realized which does not exceed— (A) an amount equal to the original issue discount, or (B) if at the time of original issue there was no intention to call the debt instrument before maturity, an amount which bears the same ratio to the original issue discount as the number of complete months that the debt instrument was held by the taxpayer bears to the number of complete months from the date of original issue to the date of maturity, shall be considered as ordinary income. (2) Subsection (a)(2)(a) not to apply Subsection (a)(2)(A) shall not apply to any debt instrument referred to in paragraph (1) of this subsection. (3) Cross reference For current inclusion of original issue discount, see section 1272. . (86) Amount and method of adjustment Section 1314 is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (87) Election; revocation; termination Clause (iii) of section 1362(d)(3)(A) is amended by striking unless unless the corporation was an S corporation for such taxable year. (88) Old-age, survivors, and disability insurance Subsection (a) of section 1401 is amended by striking the following percent 12.4 percent of the amount of the self-employment income for such taxable year. (89) Hospital insurance Paragraph (1) of section 1401(b) is amended by striking: the following percent 2.9 percent of the amount of the self-employment income for such taxable year. (90) Ministers, members of religious orders, and christian science practitioners Paragraph (3) of section 1402(e) is amended— (A) by striking whichever of the following dates is later: (A) (B) by striking ;or (B) (91) Withholding of tax on nonresident aliens The first sentence of subsection (b) of section 1441 and the first sentence of paragraph (5) of section 1441(c) are each amended by striking gains subject to tax October 4, 1966 and gains subject to tax under section 871(a)(1)(D) (92) Affiliated group defined Subparagraph (A) of section 1504(a)(3) is amended by striking for a taxable year which includes any period after December 31, 1984 in a taxable year beginning after December 31, 1984 (93) Disallowance of the benefits of the graduated corporate rates and accumulated earnings credit (A) Subsection (a) of section 1551 is amended— (i) by striking paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and (ii) by striking after June 12, 1963, (B) Section 1551(b) is amended— (i) by striking or (2) (ii) by striking (a)(3) (a)(2) (94) Credit for state death taxes (A) (i) Part II of subchapter A of chapter 11 is amended by striking section 2011 (and by striking the item relating to such section in the table of sections for such subpart). (ii) Section 2106(a)(4) is amended by striking section 2011(a) 2058(a) (B) (i) Subchapter A of chapter 13 is amended by striking section 2604 (and by striking the item relating to such section in the table of sections for such subpart). (ii) Clause (ii) of section 164(b)(4)(A) is amended by inserting (as in effect before its repeal) section 2604 (iii) Section 2654(a)(1) is amended by striking (computed without regard to section 2604) (95) Gross estate Subsection (c) of section 2031 is amended by striking paragraph (3) and by amending paragraph (1)(B) to read as follows: (II) $500,000. . (96) (A) Part IV of subchapter A of chapter 11 is amended by striking section 2057 (and by striking the item relating to such section in the table of sections for such subpart). (B) Paragraph (10) of section 2031(c) is amended by inserting (as in effect before its repeal) (97) Property within the United States Subsection (c) of section 2104 is amended by striking With respect to estates of decedents dying after December 31, 1969, deposits Deposits (98) FICA taxes (A) Subsection (a) of section 3101 is amended by striking the following percentages 6.2 percent of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)) (B) (i) Subsection (a) of section 3111 is amended by striking the following percentages 6.2 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). (ii) Subsection (b) of section 3111 is amended by striking the following percentages 1.45 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). (C) (i) Section 3121(b) is amended by striking paragraph (17). (ii) Section 210(a) of the Social Security Act is amended by striking paragraph (17). (99) Railroad retirement (A) Subsection (b) of section 3201 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee for services rendered by such employee. . (B) Subsection (b) of section 3211 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee representative for services rendered by such employee representative. . (C) Subsection (b) of section 3221 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employer a tax equal to the percentage determined under section 3241 for any calendar year of the compensation paid during such calendar year by such employer for services rendered for such employer. . (D) Subsection (b) of section 3231 is amended— (i) by striking compensation; except compensation. (ii) by striking the second sentence. (100) Credits against Federal unemployment tax (A) Paragraph (4) of section 3302(f) is amended— (i) by striking subsection— (A) In general subsection, the (ii) by striking subparagraph (B), (iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and (iv) by moving the text of such subparagraphs (as so redesignated) 2 ems to the left. (B) Paragraph (5) of section 3302(f) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as subparagraph (D). (101) Domestic service employment taxes Section 3510(b) is amended by striking paragraph (4). (102) Luxury passenger automobiles (A) Chapter 31 is amended by striking subchapter A (and by striking the item relating to such subchapter in the table of subchapters for such chapter). (B) (i) Section 4221 is amended— (I) in subsections (a) and (d)(1), by striking subchapter A or subchapter (II) in subsection (a), by striking In the case of taxes imposed by subchapter A of chapter 31, paragraphs (1), (3), (4), and (5) shall not apply. (III) in subsection (c), by striking 4001(c), 4001(d), or (ii) Section 4222 is amended by striking 4001(c), 4001(d), (iii) Section 4293 is amended by striking subchapter A of chapter 31, (103) Tax on fuel used in commercial transportation on inland waterways Section 4042(b)(2)(A) is amended to read as follows: (I) The Inland Waterways Trust Fund financing rate is 20 cents per gallon. . (104) Transportation by air Section 4261(e) is amended— (A) in paragraph (1), by striking subparagraph (C), and (B) by striking paragraph (5). (105) Taxes on failure to distribute income (A) Subsection (g) of section 4942 is amended by striking For all taxable years beginning on or after January 1, 1975, subject Subject (B) Section 4942(i)(2) is amended by striking beginning after December 31, 1969, and (106) Taxes on taxable expenditures Section 4945(f) is amended by striking (excluding therefrom any preceding taxable year which begins before January 1, 1970) (107) Definitions and special rules Section 4682(h) is amended— (A) by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, and (B) in paragraph (1) (as so redesignated)— (i) by striking the heading and inserting In general (ii) by striking after 1991 (108) Returns Subsection (a) of section 6039D is amended by striking beginning after December 31, 1984, (109) Information returns Subsection (c) of section 6060 is amended by striking ‘year year. (110) Collection Section 6302 is amended— (A) in subsection (e)(2), by striking imposed by with respect to imposed by sections 4251, 4261, or 4271 with respect to (B) by striking the last sentence of subsection (f)(1), and (C) in subsection (h)— (i) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively, and (ii) by amending paragraph (3) (as so redesignated) to read as follows: (3) Coordination with other electronic fund transfer requirements Under regulations, any tax required to be paid by electronic fund transfer under section 5061(e) or 5703(b) shall be paid in such a manner as to ensure that the requirements of the second sentence of paragraph (1)(A) of this subsection are satisfied. . (111) Abatements Section 6404(f) is amended by striking paragraph (3). (112) 2008 Recovery rebate for individuals (A) Subchapter B of chapter 65 is amended by striking section 6428 (and by striking the item relating to such section in the table of sections for such subchapter). (B) Subparagraph (A) of section 6211(b)(4) is amended by striking 6428, (C) Paragraph (2) of section 6213(g), as amended by section 13(a)(2) and paragraphs (4) and (5)(C) of this subsection, is amended by striking subparagraph (Q), by redesignating subparagraph (O) as subparagraph (N), by inserting and (D) Paragraph (2) of section 1324(b) 6428, or 6431, or 6431 (113) Advance payment of portion of increased child credit for 2003 Subchapter B of chapter 65 is amended by striking section 6429 (and by striking the item relating to such section in the table of sections for such subchapter). (114) Failure by corporation to pay estimated income tax Clause (i) of section 6655(g)(4)(A) is amended by striking (or the corresponding provisions of prior law) (115) Retirement Section 7447(i)(3)(B)(ii) is amended by striking at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter at 3 percent per annum (116) Annuities to surviving spouses and dependent children of judges (A) Paragraph (2) of section 7448(a) is amended— (i) by striking or under section 1106 of the Internal Revenue Code of 1939 (ii) by striking or pursuant to section 1106(d) of the Internal Revenue Code of 1939 (B) Subsection (g) of section 7448 is amended by striking or other than pursuant to section 1106 of the Internal Revenue Code of 1939 (C) Subsections (g), (j)(1), and (j)(2) of section 7448 are each amended by striking at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter at 3 percent per annum (117) Merchant marine capital construction funds Paragraph (4) of section 7518(g) is amended by striking any nonqualified withdrawal ‘shall be determined any nonqualified withdrawal shall be determined (118) Valuation tables (A) Subsection (c) of section 7520 is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Paragraph (2) of section 7520(c) (as redesignated by subparagraph (A)) is amended— (i) by striking Not later than December 31, 1989, the The (ii) by striking thereafter (119) Definition of employee Section 7701(a)(20) is amended by striking chapter 21 chapter 21. (b) Effective date (1) General rule Except as otherwise provided in subsection (a) or paragraph (2) of this subsection, the amendments made by this section shall take effect on the date of enactment of this Act. (2) Savings provision If— (A) any provision amended or repealed by the amendments made by this section applied to— (i) any transaction occurring before the date of the enactment of this Act, (ii) any property acquired before such date of enactment, or (iii) any item of income, loss, deduction, or credit taken into account before such date of enactment, and (B) the treatment of such transaction, property, or item under such provision would (without regard to the amendments or repeals made by this section) affect the liability for tax for periods ending after date of enactment, nothing in the amendments or repeals made by this section shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment. April 28, 2014 Read twice and placed on the calendar

Tax Technical Corrections Act of 2014

Stop Wasteful Federal Bonuses Act of 2014 - Prohibits a federal agency from awarding a bonus to any employee for five years after the end of a fiscal year in which the Inspector General of the agency or another senior ethics official or the Comptroller General (GAO) makes an adverse finding relating to the employee. Requires repayment of a bonus awarded in any year in which an adverse finding is made.

113 S2263 IS: Stop Wasteful Federal Bonuses Act of 2014 U.S. Senate 2014-04-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2263 IN THE SENATE OF THE UNITED STATES April 28, 2014 Ms. Ayotte Mrs. McCaskill Committee on Homeland Security and Governmental Affairs A BILL To appropriately limit the authority to award bonuses to employees. 1. Short title This Act may be cited as the Stop Wasteful Federal Bonuses Act of 2014 2. Bonuses (a) Adverse findings and employees under investigation Chapter 45 IV Limitations on bonus authority 4531. Certain forms of misconduct (a) Definitions In this section— (1) the term adverse finding (A) violated a policy of the agency for which the employee may be removed or suspended; or (B) violated a law for which the employee may be imprisoned of more than 1 year; (2) the term agency (3) the term bonus (A) an award under this chapter; (B) an award under section 5384; and (C) a retention bonus under section 5754. (b) Adverse findings (1) In general The head of an agency shall not award a bonus to an employee of the agency until 5 years after the end of the fiscal year in which the Inspector General or another senior ethics official of the agency or the Comptroller General of the United States makes an adverse finding relating to the employee. (2) Previously awarded bonuses If the Inspector General or another senior ethics official of the agency or the Comptroller General of the United States makes an adverse finding relating to an employee, the head of the agency employing the employee, after notice and an opportunity for a hearing, shall issue an order directing the employee to repay the amount of any bonus awarded to the employee during the year during which the adverse finding is made. . (b) Technical and conforming amendment The table of sections for chapter 45 SUBCHAPTER IV—Limitations on bonus authority 4531. Certain forms of misconduct. .

Stop Wasteful Federal Bonuses Act of 2014

Stand with Israel Act of 2014 - Prohibits any direct U.S. assistance, loan guarantee, or debt relief to the Palestinian Authority (PA) or any affiliated governing entity or leadership organization. States that such prohibition shall have no effect for a fiscal year if the President certifies to Congress that the PA has: formally recognized Israel's right to exist as a Jewish state and publicly recognized the state of Israel, renounced terrorism and purged all individuals with terrorist ties from the security services, terminated funding of anti-American and anti-Israel incitement, publicly pledged to not engage in war with Israel, and honored previous diplomatic agreements.

113 S2265 IS: Stand with Israel Act of 2014 U.S. Senate 2014-04-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2265 IN THE SENATE OF THE UNITED STATES April 29, 2014 Mr. Paul Mr. Coburn Mr. Inhofe Mr. Moran Mr. McConnell Mr. Wicker Mr. Coats Mr. Graham Mr. Burr Mr. Roberts Mr. Cornyn Mr. Shelby Mr. Hatch Mr. Toomey Mr. Lee Committee on Foreign Relations A BILL To prohibit certain assistance to the Palestinian Authority. 1. Short title This Act may be cited as the Stand with Israel Act of 2014 2. Prohibition on foreign assistance (a) In general Except as provided under subsection (b) and notwithstanding any other provision of law, no amounts may be obligated or expended to provide any direct United States assistance, loan guarantee, or debt relief to the Palestinian Authority, or any affiliated governing entity or leadership organization. (b) Exception The prohibition under subsection (a) shall have no effect for a fiscal year if the President certifies to Congress during that fiscal year that the Palestinian Authority has— (1) formally recognized the right of Israel to exist as a Jewish state; (2) publicly recognized the state of Israel; (3) renounced terrorism; (4) purged all individuals with terrorist ties from security services; (5) terminated funding of anti-American and anti-Israel incitement; (6) publicly pledged to not engage in war with Israel; and (7) honored previous diplomatic agreements. 3. Effective date The prohibition under section 2 shall take effect on the later of— (1) June 1, 2014; or (2) the date of the enactment of this Act.

Stand with Israel Act of 2014

Federal Firefighters Fairness Act of 2014 - Provides that: (1) specified diseases, including heart disease, lung disease, and specified cancers, of federal employees employed in fire protection activities for a minimum of five years shall be presumed to be proximately caused by such employment if the employee is diagnosed with the disease within 10 years of the last active date of employment in fire protection activities; (2) the disability or death of such an employee due to such a disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumption may be rebutted by a preponderance of the evidence. Allows such presumption for fire protection employees who contract any uncommon infectious disease, including but not limited to tuberculosis, hepatitis A, B, or C, or the human immunodeficiency virus (HIV), regardless of the length of employment of such employee. Defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of his or her job. Directs the National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention (CDC) to examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and to report to Congress on: (1) an analysis of the injury claims made under this Act, (2) an analysis of the available research related to the health risks associated with firefighting, and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act.

113 S2266 IS: Federal Firefighters Fairness Act of 2014 U.S. Senate 2014-04-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2266 IN THE SENATE OF THE UNITED STATES April 29, 2014 Mr. Carper Ms. Collins Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 81 1. Short title This Act may be cited as the Federal Firefighters Fairness Act of 2014 2. Certain diseases presumed to be work-related cause of disability or death of Federal employees in fire protection activities (a) Definition Section 8101 (1) in paragraph (18), by striking and (2) in paragraph (19), by striking and (3) in paragraph (20), by striking the period at the end and inserting and (4) by adding at the end the following: (21) employee in fire protection activities (A) is trained in fire suppression; (B) has the legal authority and responsibility to engage in fire suppression; (C) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (D) performs such activities as a primary responsibility of the job of the individual. . (b) Presumption relating to employees in fire protection activities Section 8102 (c) (1) With regard to an employee in fire protection activities, a disease specified in paragraph (3) shall be presumed to be proximately caused by the employment of such employee, subject to the length of service requirements specified. The disability or death of an employee in fire protection activities due to such a disease shall be presumed to result from personal injury sustained while in the performance of such employee’s duty. Such presumptions may be rebutted by a preponderance of the evidence. (2) Such presumptions apply only if the employee in fire protection activities is diagnosed with the disease for which presumption is sought within 10 years of the last active date of employment as an employee in fire protection activities. (3) The following diseases shall be presumed to be proximately caused by the employment of the employee in fire protection activities: (A) If the employee has been employed for a minimum of 5 years in aggregate as an employee in fire protection activities: (i) Heart disease. (ii) Lung disease. (iii) The following cancers: (I) Brain cancer. (II) Cancer of the blood or lymphatic systems. (III) Leukemia. (IV) Lymphoma (except Hodgkin’s disease). (V) Multiple myeloma. (VI) Bladder cancer. (VII) Kidney cancer. (VIII) Testicular cancer. (IX) Cancer of the digestive system. (X) Colon cancer. (XI) Liver cancer. (XII) Skin cancer. (XIII) Lung cancer. (iv) Any other cancer the contraction of which the Secretary of Labor through regulations determines to be related to the hazards to which an employee in fire protection activities may be subject. (B) Regardless of the length of time an employee in fire protection activities has been employed, any uncommon infectious disease, including but not limited to tuberculosis, hepatitis A, B, or C, the human immunodeficiency virus (HIV), and any other uncommon infectious disease the contraction of which the Secretary of Labor through regulations determines to be related to the hazards to which an employee in fire protection activities may be subject. . (c) Report Not later than 5 years after the date of enactment of this Act, the National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention shall examine the implementation of the amendments made by this Act and appropriate scientific and medical data related to the health risks associated with firefighting and submit to Congress a report that shall include— (1) an analysis of the injury claims made pursuant to the amendments made by this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that diseases most associated with firefighting are included in the presumption established under this Act. (d) Effective date The amendments made by this Act shall apply to an injury that is first diagnosed or a death that occurs, on or after the date of enactment of this Act.

Federal Firefighters Fairness Act of 2014

Defend Trade Secrets Act of 2014 - Amends the federal criminal code to authorize an owner of a trade secret who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets). Authorizes the court, based on an affidavit or verified complaint satisfying the requirements of this Act, upon ex parte application and if the court finds that issuing the order is necessary to prevent irreparable harm, to issue appropriate orders: (1) providing for the preservation of evidence in the civil action, including by making a copy of an electronic storage medium that contains the trade secret; (2) granting an injunction to prevent any actual or threatened violation, (3) requiring affirmative actions to be taken to protect a trade secret; or (4) providing for the seizure of any property used to commit or facilitate the commission of an alleged violation, except that such an order may not provide for the seizure of any property that is merely incidental to the alleged violation unless necessary to preserve evidence or shall provide for the seizure of any property in a manner that does not interrupt normal and legitimate business operations unrelated to the trade secret. Makes applicable to such ex parte applications and seizure orders specified requirements of the Trademark Act of 1946 regarding ex parte applications and seizure orders in civil actions arising out of the use of counterfeit marks in connection with the sale, offering for sale, or distribution of goods or services. Authorizes a court in a civil action brought under this Act to: (1) grant an injunction to prevent any violation, to require affirmative actions to be taken to protect a trade secret, and to condition future use upon payment of a reasonable royalty for no longer than the period use could have been prohibited; (2) award damages for actual loss, damages for unjust enrichment, and (in lieu of damages measured by any other methods) damages caused by misappropriation measured by imposition of liability for a reasonable royalty for the unauthorized disclosure or use of a trade secret; (3) award exemplary treble damages if the trade secret is willfully or maliciously misappropriated; and (4) award reasonable attorney's fees to the prevailing party if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated. Establishes a five-year limitations period, beginning when the misappropriation is discovered or should have been discovered.

113 S2267 IS: Defend Trade Secrets Act of 2014 U.S. Senate 2014-04-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2267 IN THE SENATE OF THE UNITED STATES April 29, 2014 Mr. Coons Mr. Hatch Committee on the Judiciary A BILL To modify chapter 90 1. Short title This Act may be cited as the Defend Trade Secrets Act of 2014 2. Federal jurisdiction for theft of trade secrets (a) In general Section 1836 1836. Civil proceedings (a) Private civil actions (1) In general An owner of a trade secret may bring a civil action under this subsection if the person is aggrieved by— (A) a violation of section 1831(a) or 1832(a); or (B) a misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce. (2) Civil ex parte order for preservation of evidence and seizure (A) In general Based on an affidavit or verified complaint satisfying the requirements of this paragraph, the court may, upon ex parte application and if the court finds that issuing the order is necessary to prevent irreparable harm, issue appropriate orders— (i) (I) providing for the preservation of evidence in a civil action brought under paragraph (1), including by making a copy of an electronic storage medium that contains the trade secret; or (II) described in clause (i) or (ii) of paragraph (3)(A); and (ii) providing for the seizure of any property used, in any manner or part, to commit or facilitate the commission of a violation alleged under subparagraph (A), except that the order— (I) may not provide for the seizure of any property that is merely incidental to the alleged violation unless necessary to preserve evidence; or (II) shall provide for the seizure of any property in a manner that, to the extent possible, does not interrupt normal and legitimate business operations unrelated to the trade secret. (B) Requirements for application order Notwithstanding rule 65 of the Federal Rules of Civil Procedure, the requirements in paragraphs (2) through (11) of section 34(d) of the Trademark Act of 1946 (15 U.S.C. 1116) shall apply to any ex parte application or seizure order under subparagraph (A). Any reference in such paragraphs (2) through (11) of section 34(d) of the Trademark Act of 1946 to section 32 of such Act shall be read as references to this section, and references to use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services shall be read as references to a misappropriation of a trade secret. (3) Remedies In a civil action brought under this subsection, a court may— (A) grant an injunction— (i) to prevent any actual or threatened violation described in paragraph (1) on such terms as the court deems reasonable; (ii) if determined appropriate by the court, requiring affirmative actions to be taken to protect a trade secret; and (iii) in exceptional circumstances that render an injunction inequitable, that conditions future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited; (B) award— (i) damages for actual loss caused by the misappropriation of a trade secret; (ii) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; and (iii) in lieu of damages measured by any other methods, the damages caused by misappropriation measured by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret; (C) if the trade secret described in paragraph (1)(B) is willfully or maliciously misappropriated, award exemplary damages in an amount not more than 3 times the amount of the damages awarded under subparagraph (B); and (D) if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated, award reasonable attorney's fees to the prevailing party. (b) Jurisdiction The district courts of the United States shall have original jurisdiction of civil actions brought under this section. (c) Period of limitations A civil action under this section may not be commenced later than 5 years after the date on which the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation. . (b) Definitions Section 1839 of title 18, United States Code, is amended— (1) in paragraph (3), by striking and (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) the term misappropriation (A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (B) disclosure or use of a trade secret of another without express or implied consent by a person who— (i) used improper means to acquire knowledge of the trade secret; (ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was— (I) derived from or through a person who had used improper means to acquire the trade secret; (II) acquired under cir­cum­stances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or (III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or (iii) before a material change of the position of the person, knew or had reason to know that— (I) the trade secret was a trade secret; and (II) knowledge of the trade secret had been acquired by accident or mistake; (6) the term improper means (A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and (B) does not include reverse engineering or independent derivation; and (7) the term Trademark Act of 1946 An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes 15 U.S.C. 1051 et seq. Trademark Act of 1946 Lanham Act . (c) Exceptions to prohibition Section 1833 or create a private right of action for prohibit (d) Technical and conforming amendment The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item relating to section 1836 and inserting the following: 1836. Civil proceedings. . (e) Rule of construction Nothing in the amendments made by this section shall be construed to modify the rule of construction under section 1838 of title 18, United States Code, or to preempt any other provision of law.

Defend Trade Secrets Act of 2014

Border Health Security Act of 2013 - Amends the United States-Mexico Border Health Commission Act to: (1) revise the duties of the United States-Mexico Border Health Commission to include cooperating with the Canada-United States Pan Border Public Health Preparedness Council and serving as an independent and objective body to recommend and implement initiatives that solve border health issues, and (2) authorize appropriations. Designates the Commissioner of the U.S. section of the Commission as the Chair (currently, leader) of the section. Authorizes members of the Commission and the Council to provide advice or recommendations to the Secretary of Health and Human Services (HHS), Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Requires the Secretary to award grants: (1) to eligible entities to improve the health of individuals residing in the U.S.-Mexico and U.S.-Canada border areas, and (2) for Early Warning Infectious Disease Surveillance to eligible entities for infection disease surveillance activities in such areas. Requires the Commission and the Council to each: (1) prepare (every five years) a binational strategic plan to guide its operation, (2) develop and approve (every two years) an operational work plan and budget based on the strategic plan, and (3) issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Requires the Comptroller General (GAO) (every two years) to conduct an evaluation of Commission and Counsel activities. Requires plans, systems, and activities supported under such Act for all hazard preparedness, and general border health, to be coordinated with authorities in Mexico, Canada, and the United States to the extent practicable. Authorizes the Assistant Secretary for Preparedness and Response to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the U.S.-Mexico and U.S.-Canada border areas; and (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along such areas.

113 S2268 IS: Border Health Security Act of 2013 U.S. Senate 2014-04-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2268 IN THE SENATE OF THE UNITED STATES April 29, 2014 Mr. Udall of New Mexico Mr. Heinrich Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To establish grant programs to improve the health of border area residents and for all hazards preparedness in the border area including bioterrorism, infectious disease, and noncommunicable emerging threats, and for other purposes. 1. Short title This Act may be cited as the Border Health Security Act of 2013 2. Findings Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of more than 15,000,000 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, high unemployment rates, low educational attainment, and high rates of dangerous diseases, such as tuberculosis, diabetes, obesity, and other non-communicable diseases. (3) As the 2009 novel influenza A (H1N1) pandemic illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the borders is crucial to not only protect and improve the health of Americans but also to help secure the country against threats to biosecurity and other emerging threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) More than 75 percent of Canadians live within 100 miles of the United States border. The 2003 epidemic of severe acute respiratory syndrome caused more than 250 illnesses in the Greater Toronto Area, just 80 miles from New York. 3. United States-Mexico Border Health Commission Act amendments The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended— (1) in section 3— (A) in paragraph (1), by striking ; and ; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (3) to cooperate with the Canada-United States Pan Border Public Health Preparedness Council (referred to in this Act as the Council (4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues. ; (2) in section 5— (A) in subsection (b), by striking should be the leader shall be the Chair (B) by adding at the end the following: (d) Providing advice and recommendations Members of the Commission and the Council may at any time provide advice or recommendations to the Secretary, Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Such advice or recommendations may be provided regardless of whether a request for such is made and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or Council or any other Federal official. ; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: 7. Border health grants (a) Eligible entity defined In this section, the term eligible entity Public Health Service Act (b) Authorization From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council, as authorized under section 9, to improve the health of United States-Mexico border area and United States-Canada border area residents. (c) Application An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Use of funds An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: (1) Programs relating to any one or more of the following: (A) Maternal and child health. (B) Primary care and preventative health. (C) Infectious disease testing, monitoring, and surveillance. (D) Public health and public health infrastructure. (E) Health promotion. (F) Oral health. (G) Behavioral and mental health. (H) Substance abuse prevention and harm reduction. (I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. (J) Medical and health services research. (K) Workforce training and development. (L) Community health workers and promotoras. (M) Health care infrastructure problems in the United States-Mexico border area or United States-Canada border area (including planning and construction grants). (N) Health disparities in the United States-Mexico border area or United States-Canada border area. (O) Environmental health. (P) Health education. (Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (R) Trauma care. (S) Health research with an emphasis on infectious disease and pressing issues related to noncommunicable diseases. (T) Epidemiology and health research. (U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. (V) Obesity, particularly childhood obesity. (W) Crisis communication, domestic violence, health literacy, or cancer. (X) Community-based participatory research on border health issues. (Y) Violence prevention. (Z) Cross-border public health preparedness. (2) Other programs determined appropriate by the Secretary. (e) Supplement, not supplant Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). 8. Grants for Early Warning Infectious Disease Surveillance (EWIDS) in the border area (a) Eligible entity defined In this section, the term eligible entity (b) Authorization From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance (EWIDS) to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. (c) Application An eligible entity that desires 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. (d) Uses of funds An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and all local hazards programs, to— (1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; (2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; (3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation/decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; (4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; (5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at-risk populations, including individuals with disabilities; (6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; (7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; (8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and (9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States-Mexico or United States-Canada borders. 9. Plans, reports, audits, and by-laws (a) Strategic plan (1) In general Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. (2) Requirements The binational strategic plan under paragraph (1) shall include— (A) health-related priority areas determined most important by the full membership of the Commission or Council, as applicable; (B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and (C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. (b) Work plan Not later than January 1, 2015, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). (c) GAO review Not later than January 1, 2016, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. (d) Biannual reporting The Commission and Council shall each issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. (e) Audits The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. (f) By-Laws Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. (g) Transmittal to congress The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. 10. Coordination (a) In general To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. (b) Coordination of health services and surveillance The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that— (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; and (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area. 11. Authorization of appropriations There is authorized to be appropriated to carry out this Act $7,000,000 for fiscal year 2014 and each succeeding year, subject to the availability of appropriations for such purpose, of which $4,650,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States-Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council. ; and (5) in section 12 (as so redesignated)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: (3) Indians; indian tribe; tribal organization; urban indian organization The terms Indian Indian tribe tribal organization urban Indian organization 25 U.S.C. 1603 ; and (C) by inserting after paragraph (4), as so redesignated, the following: (5) United States-Canada border area The term United States-Canada border area .

Border Health Security Act of 2013

Promoting Partnerships to Transform Opportunities Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make competitive grants to, or enter into contracts or cooperative agreements with, eligible institutions, preferably in partnership with a nonprofit organization, to provide support services, job training, and education to individuals with multiple barriers to employment, including underrepresented minorities, to help prepare them to enter the workforce. Defines "eligible institution" to mean a historically Black college or university, a Hispanic-serving Institution, a Tribal College or University, or a Predominantly Black Institution. Requires an eligible institution to submit a program plan to the Secretary in order to receive a grant or enter into such a contract or cooperative agreement.

113 S2269 IS: Promoting Partnerships to Transform Opportunities Act U.S. Senate 2014-04-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2269 IN THE SENATE OF THE UNITED STATES April 29, 2014 Mr. Udall of New Mexico Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Investment Act of 1998 to prepare individuals with multiple barriers to employment to enter the workforce by providing such individuals with support services, job training, and education, and for other purposes. 1. Short title This Act may be cited as the Promoting Partnerships to Transform Opportunities Act 2. Purpose It is the purpose of this Act to provide resources to eligible institutions to prepare individuals with multiple barriers to employment, including underrepresented minorities, to enter the workforce by providing support services, job training, and education. 3. Programs for individuals with multiple barriers to employment Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 166 ( 29 U.S.C. 2911 166A. Programs for individuals with multiple barriers to employment (a) Purpose The purpose of this section is to support employment and training activities for individuals with multiple barriers to employment in order— (1) to develop more fully the academic, occupational, and literacy skills of such individuals; (2) to make such individuals more competitive in the workforce; and (3) to promote the economic and social development of the communities, including minority communities, of those individuals in accordance with the goals and values of the communities described in this paragraph. (b) Definitions As used in this section: (1) Eligible institution The term eligible institution (A) a historically Black college or university; (B) a Hispanic-serving Institution; (C) a Tribal College or University; or (D) a Predominantly Black Institution. (2) Hispanic-serving institution The term Hispanic-serving institution 20 U.S.C. 1101a (3) Historically Black College or university The term historically Black college or university part B institution (4) Nonprofit organization The term nonprofit organization (5) Predominantly Black Institution The term Predominantly Black Institution (6) Tribal College or University The term Tribal College or University 20 U.S.C. 1059c (c) Program authorized The Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, eligible institutions to carry out the authorized activities described in subsection (d) (d) Authorized activities An eligible institution receiving a grant, contract, or agreement under subsection (c) (1) Education services, including postsecondary education, English as a second language courses, General Educational Development preparation, financial literacy workshops, access to information technology workshops and courses, Generational Diversity Awareness programs, and health and wellness programs. (2) Activities that increase access to workforce services, including on-the-job training, internships, skills training, job placement, financial literacy training, and personal development. (3) Additional support services, including health and nutrition services, housing assistance, transportation, child care, and clothing. (e) Program Plan In order to receive a grant or enter into a contract or cooperative agreement under subsection (c), an eligible institution shall submit to the Secretary a program plan that describes a strategy for meeting the needs of individuals with multiple barriers to employment in the area served by such organization. Such plan shall— (1) be consistent with the purpose of this section; (2) identify the population to be served; (3) identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment; (4) describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and (5) describe, after the eligible institution consults with the Secretary, the performance measures to be used to assess the performance of the eligible institution, and any nonprofit organization that carries out authorized activities assisted under this section, in carrying out the activities. (f) Priority In making grants or entering into contracts or cooperative agreements under subsection (c), the Secretary shall give priority to an eligible institution that— (1) proposes to carry out the authorized activities through a partnership described in subsection (c); or (2) demonstrates that the institution is unable to carry out the activities through such a partnership because the institution is not within a reasonable distance (as determined by the Secretary) of a nonprofit organization. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2015 through 2019. .

Promoting Partnerships to Transform Opportunities Act

(This measure has not been amended since it was passed by the Senate on June 3, 2014. The summary of that version is repeated here.) Insurance Capital Standards Clarification Act of 2014 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) concerning establishment of minimum leverage and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors of the Federal Reserve System. States that federal banking agencies shall not be required to subject any person to such minimum capital requirements, to the extent that such person either: (1) acts in its capacity as a regulated insurance entity regulated by a state insurance regulator, or (2) is a regulated foreign subsidiary engaged in the business of insurance (including a regulated foreign affiliate of such subsidiary). States that a Board-supervised depository institution holding company or nonbank financial company engaged in the insurance business and regulated by either a state insurance regulator or the National Association of Insurance Commissioners, and which files its holding company financial statements using only Statutory Accounting Principles pursuant to state law, shall not be required by the Board, under this Act or the Home Owners' Loan Act (HOLA), to prepare such financial statements in accordance with Generally Accepted Accounting Principles. Declares that nothing in this Act shall: (1) limit Board authority to conduct any regulatory or supervisory activity of either a depository institution holding company or a non-bank financial company under Board jurisdiction, including the collecting or reporting of any information on an entity or group-wide basis; or (2) excuse the Board from its obligations to comply with Dodd-Frank requirements regarding examination of nonbank financial companies and HOLA requirements regarding examination of savings and loan holding companies.

S2270 ENR: Insurance Capital Standards Clarification 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. 2270 IN THE SENATE OF THE UNITED STATES AN ACT To clarify the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act. 1. Short title This Act may be cited as the Insurance Capital Standards Clarification Act of 2014 2. Clarification of application of leverage and risk-based capital requirements Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5371 (1) in subsection (a), by adding at the end the following: (4) Business of insurance The term business of insurance (5) Person regulated by a state insurance regulator The term person regulated by a State insurance regulator (6) Regulated foreign subsidiary and regulated foreign affiliate The terms regulated foreign subsidiary regulated foreign affiliate (A) such person acts in its capacity as a regulated insurance entity; and (B) the Board of Governors does not determine that the capital requirements in a specific foreign jurisdiction are inadequate. (7) Capacity as a regulated insurance entity The term capacity as a regulated insurance entity (A) includes any action or activity undertaken by a person regulated by a State insurance regulator or a regulated foreign subsidiary or regulated foreign affiliate of such person, as those actions relate to the provision of insurance, or other activities necessary to engage in the business of insurance; and (B) does not include any action or activity, including any financial activity, that is not regulated by a State insurance regulator or a foreign agency or authority and subject to State insurance capital requirements or, in the case of a regulated foreign subsidiary or regulated foreign affiliate, capital requirements imposed by a foreign insurance regulatory authority. ; and (2) by adding at the end the following new subsection: (c) Clarification (1) In general In establishing the minimum leverage capital requirements and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors as required under paragraphs (1) and (2) of subsection (b), the appropriate Federal banking agencies shall not be required to include, for any purpose of this section (including in any determination of consolidation), a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person engaged in the business of insurance, to the extent that such person acts in its capacity as a regulated insurance entity. (2) Rule of construction on board’s authority This subsection shall not be construed to prohibit, modify, limit, or otherwise supersede any other provision of Federal law that provides the Board of Governors authority to issue regulations and orders relating to capital requirements for depository institution holding companies or nonbank financial companies supervised by the Board of Governors. (3) Rule of construction on accounting principles (A) In general A depository institution holding company or nonbank financial company supervised by the Board of Governors of the Federal Reserve that is also a person regulated by a State insurance regulator that is engaged in the business of insurance that files financial statements with a State insurance regulator or the National Association of Insurance Commissioners utilizing only Statutory Accounting Principles in accordance with State law, shall not be required by the Board under the authority of this section or the authority of the Home Owners' Loan Act to prepare such financial statements in accordance with Generally Accepted Accounting Principles. (B) Preservation of authority Nothing in subparagraph (A) shall limit the authority of the Board under any other applicable provision of law to conduct any regulatory or supervisory activity of a depository institution holding company or non-bank financial company supervised by the Board of Governors, including the collection or reporting of any information on an entity or group-wide basis. Nothing in this paragraph shall excuse the Board from its obligations to comply with section 161(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5361(a) 12 U.S.C. 1467a(b)(2) . Speaker of the House of Representatives Vice President of the United States and President of the Senate

Insurance Capital Standards Clarification Act of 2014

Establishes the Green Bank as a federally-owned independent corporation with a 20-year charter. Requires the Secretary of the Treasury to issue Green Bonds in order to provide the Bank with an initial capitalization of $10 billion and to provide additional capitalization of up to $50 billion upon request of the Bank. Requires the Bank to establish a program to provide financial support or risk management for qualifying clean energy or energy efficiency projects. Authorizes the Bank to provide funding for low-interest loans to establish state clean energy financing institutions and to co-fund the projects with an institution. Gives the Bank immunity from impairment, limitations, or restrictions under laws. Authorizes the Bank to conduct its business without regard to state law relating to incorporation. Exempts the Bank from all state or local taxation except real property taxation. Requires the Chief Executive Officer of the Bank to set forth spending safeguards, including: (1) deobligating financial support to entities that demonstrate an insufficient level of performance or wasteful or fraudulent spending, and (2) creating a publicly available online database with information about financing support or risk management. Amends the Internal Revenue Code to limit and defer tax deduction amounts for foreign-related interest expense (i.e., interest expense allocated and apportioned to income from sources outside the United States).

113 S2271 IS: Green Bank Act of 2014 U.S. Senate 2014-04-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2271 IN THE SENATE OF THE UNITED STATES April 30, 2014 Mr. Murphy Mr. Blumenthal Committee on Finance A BILL To establish the Green Bank to assist in the financing of qualified clean energy projects and qualified energy efficiency projects. 1. Capitalization, Method of Capital Stock Payments, Issuance of Green Bonds Chapter 31 3102A. Green Bonds (a) Initial Capitalization The Secretary of the Treasury shall issue bonds (in this section referred to as Green Bonds (b) Future Capitalization Upon the request of the Bank, the Secretary of the Treasury shall issue additional Green Bonds on the credit of the United States to acquire additional capital stock of the Green Bank in an aggregate amount not to exceed $50,000,000,000 outstanding at any one time. (c) Denominations and Maturity Green Bonds shall be in such forms and denominations, and shall mature within such periods, as determined by the Secretary of the Treasury. (d) Interest Green Bonds shall bear interest at a rate not less than the current average yield on outstanding market obligations of the United States of comparable maturity during the month preceding the issuance of the obligation as determined by the Secretary of the Treasury. (e) Guaranteed Green Bonds shall be fully and unconditionally guaranteed both as to interest and principal by the United States, and such guaranty shall be expressed on the face of each bond. (f) Lawful Investments Green Bonds shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. . 2. Green Bank Title 31, United States Code, is amended by adding the following new chapter at the end thereof: 98 Green Bank Sec. 9801. Green Bank. 9801. Green Bank (a) Short title This section may be cited as the Green Bank Act of 2014 (b) Purposes The purposes of this section are as follows: (1) To evaluate and coordinate financing for qualified clean energy projects and qualified energy efficiency projects. (2) To provide loans, loan guarantees, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management to qualified clean energy projects and qualified energy efficiency projects. (3) To facilitate— (A) efficient tax equity markets for qualified clean energy projects; and (B) the financing of long-term clean energy purchasing by governmental and non-governmental not-for-profit entities. (4) To foster— (A) the development and consistent application of transparent underwriting standards, standard contractual terms, and measurement and verification protocols for qualified clean energy projects and qualified energy efficiency projects; (B) the creation of performance data that enables effective underwriting, risk management, and pro forma modeling of financial performance of qualified clean energy projects and qualified energy efficiency projects to support primary financing markets and stimulate development of secondary investment markets for clean energy projects and energy efficiency projects; and (C) the level of financing support for qualified clean energy projects and qualified energy efficiency projects necessary to advance vital national objectives, including— (i) achieving energy independence from foreign energy sources; (ii) abating climate change by increasing zero or low carbon electricity generation and transportation capabilities; (iii) realizing energy efficiency potential in existing infrastructure; (iv) easing the economic effects of transitioning from a carbon-based economy to a clean energy economy; (v) achieving job creation through the construction and operation of qualified clean energy projects and qualified energy efficiency projects; (vi) fostering long-term domestic manufacturing capacity in the clean energy and energy efficiency industries; and (vii) complementing and supplementing other clean energy and energy efficiency legislation at the Federal or State level. (c) Definitions In this section: (1) Bank The term Bank (2) Board The term Board (3) Clean Energy project The term clean energy project (A) Solar. (B) Wind. (C) Geothermal. (D) Biomass. (E) Hydropower. (F) Ocean and hydrokinetic. (G) Fuel cell. (H) Advanced battery. (I) Carbon capture and sequestration. (J) Next generation biofuels from nonfood feedstocks. (K) Alternative vehicle fuel infrastructure. (L) Nuclear. (4) Energy Efficiency project The term energy efficiency project (5) Green Bond The term Green Bond (6) Qualified Clean Energy Project The term qualified clean energy project (A) is carried out domestically within the territorial borders of the United States; (B) stays current on interest and debt payment obligations; (C) pays wages in accordance with subchapter IV of chapter 31 (D) if for nuclear power, is funded by the Bank only after all other existing Federal financial support has been expended; and (E) satisfies any other conditions established by the Bank and published in the Federal Register. (7) Qualified Energy Efficiency Project The term qualified energy efficiency project (A) is carried out domestically within the territorial borders of the United States; (B) stays current on interest and debt payment obligations; (C) pays wages in accordance with subchapter IV of chapter 31 (D) satisfies any other conditions established by the Bank and published in the Federal Register. (8) State clean energy financing institution The term State clean energy financing institution (A) provide low-cost or long-term financing support or credit enhancements, including loan guarantees and loan loss reserves, for qualified clean energy projects or qualified energy efficiency projects; and (B) create liquid markets for these projects including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and innovative clean energy and energy efficiency projects. State clean energy financing institutions may enter into partnerships with private entities. (d) Green Bank (1) Establishment of Corporation There is established a corporation to be known as the Green Bank that shall be wholly owned by the United States. (2) Independent corporation The Bank shall be an independent corporation. Neither the Bank nor any of its functions, powers, or duties shall be transferred to or consolidated with any other department, agency, or corporation of the Government unless the Congress provides otherwise. (3) Charter The Bank shall be chartered for 20 years from the date of enactment of this section. (4) Governance (A) Board of Directors of the Bank (i) In general The Bank shall be under the direction of a Board of Directors. (ii) Membership The Board shall consist of 11 members, as follows: (I) The Secretary of Energy or the Secretary's designee. (II) The Secretary of the Treasury or the Secretary's designee. (III) The Secretary of the Interior or the Secretary's designee. (IV) The Secretary of Agriculture or the Secretary's designee. (V) The Secretary of Transportation or the Secretary's designee. (VI) 6 members appointed by the President of the United States including a Chief Executive Officer, 1 member with expertise regarding renewable energy, 1 member with expertise regarding energy efficiency, 1 member with expertise regarding electric utilities, 1 member with expertise regarding consumer affairs, and 1 member with expertise regarding sustainable transportation. (iii) Quorum 6 members of the Board shall constitute a quorum. (iv) Bylaws The Board shall adopt, and may amend, such bylaws as are necessary for the proper management and functioning of the Bank, and shall, in such bylaws, designate the vice presidents and other officers of the Bank and prescribe their duties. (v) Terms The initial terms of the members of the Board shall be 4 years. For terms beginning after the first 4 years following the date of the enactment of this section, the Board shall create staggered terms of 2, 3, and 4 years for members of the Board. (vi) Vacancies Any vacancy on the Board shall be filled in the same manner in which the original appointment was made. (vii) Interim appointments Any member appointed to fill a vacancy occurring before the expiration of the term for which such member’s predecessor was appointed shall be appointed only for the remainder of such term. (viii) Reappointment Members of the Board may be reappointed for additional terms of service as members of the Board. (ix) Continuation of service Any member of the Board whose term has expired may continue to serve on the Board until the earlier of— (I) the date on which such member’s successor is appointed; or (II) the end of the 6-month period beginning on the date such member’s term expires. (x) Chairman The Board shall select a Chairman from among its members. (B) Executive Vice President The Chief Executive Officer shall appoint an Executive Vice President who— (i) shall serve as Chief Executive Officer of the Bank during the absence or disability of, or in the event of a vacancy in the office, of Chief Executive Officer; and (ii) shall at other times perform such functions as the Chief Executive Officer may prescribe. (C) Policies and Procedures At the request of any 2 members of the Board, the Chairman shall place an item pertaining to the policies or procedures of the Bank on the agenda for discussion by the Board. Not later than 30 days after the date such a request is made, the Chairman shall hold a meeting of the Board at which such item shall be discussed. (D) Conflicts of interest No director, officer, attorney, agent, or employee of the Bank shall in any manner, directly or indirectly, participate in the deliberation upon, or the determination of, any question affecting such individual’s personal interests, or the interests of any corporation, partnership, or association in which such individual is directly or indirectly personally interested. (5) Hiring and Contracting authority (A) Contracting The Bank may employ or otherwise contract with banks, credit agencies, attorneys, and other third parties at customary commercial rates. (B) Hiring Notwithstanding any otherwise applicable Federal rules and regulations, the Bank may employ and otherwise contract with employees and provide compensation to such employees at prevailing rates for compensation for similar positions in private industry. (6) Sunset (A) Expiration of charter The Bank shall continue to exercise its functions until all obligations and commitments of the Bank are discharged, even after its charter has expired. (B) Prior obligations No provisions of this subsection shall be construed as preventing the Bank from— (i) acquiring obligations prior to the date of the expiration of its charter which mature subsequent to such date; (ii) assuming, prior to the date of the expiration of its charter, liability as guarantor, endorser, or acceptor of obligations which mature subsequent to such date; (iii) issuing, prior or subsequent to the date of the expiration of its charter, for purchase by the Secretary of the Treasury or any other purchasers, its notes, debentures, bonds, or other obligations which mature subsequent to such date; or (iv) continuing as a corporation and exercising any of its functions subsequent to the date of the expiration of its charter for purposes of orderly liquidation, including the administration of its assets and the collection of any obligations held by the Bank. (e) Lending, Financing, Expenditures (1) In general The Bank shall establish a program to provide on a competitive basis loans, loan guarantees, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management, as the Bank determines appropriate, for any qualifying clean energy project or qualifying energy efficiency project. (2) Requirements The Bank may only provide financing support (including loans, loan guarantees, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management under paragraph (1)) if— (A) such support is commercially reasonable and does not exceed 80 percent of the capitalization of the qualified clean energy project or qualified energy efficiency project; (B) is secured by the underlying project or such other collateral as the Chief Executive Officer of the Bank determines appropriate; and (C) in the judgment of the Chief Executive Officer— (i) the private credit market is not providing adequately low-priced financing to enable otherwise credit worthy entities to carry out qualified clean energy projects and qualified energy efficiency projects; (ii) such financing support would facilitate construction or expansion of a qualified clean energy project or qualified energy efficiency project at an accelerated rate; or (iii) such financing support would stimulate, aid, or otherwise support domestic manufacturing of finished products or component parts used in clean energy projects or energy efficiency projects. (3) State clean energy financing institutions (A) Co-funding The Bank may co-fund a qualified clean energy project or qualified energy efficiency project with a State clean energy financing institution. (B) Establishment The Bank may make up to $500,000,000 available through a low-interest loan for the establishment of a State clean energy financing institution if the clean energy financing institution— (i) provides at least an equal amount for establishing such institution; and (ii) uses funding from the Bank only for the purposes described in this section. (4) Financing activities (A) In general The Bank may facilitate financing transactions in tax equity markets and long-term purchasing of clean energy by governmental and non-governmental not-for-profit entities, to the degree and extent that the Bank determines such financing activity is appropriate and consistent with carrying out the terms of this section. (B) Securitization (i) Authority The Bank may, upon such terms and conditions as the Bank considers appropriate, guarantee the timely payment of principal of and interest on securities that are— (I) issued by any issuer approved for the purposes of this subparagraph by the Bank; and (II) based on and backed by a trust or pool composed of loans made pursuant to this section. (ii) Fees The Bank may collect from the issuer of a security guaranteed under this subparagraph a reasonable fee for the guarantee under this subparagraph. (iii) Payments If an issuer fails to make any payment of principal of or interest on any security guaranteed under this subparagraph, the Bank shall make such payment as and when due, and upon such payment shall be subrogated fully to the rights satisfied by such payment. (iv) Default The Bank may, in connection with any guaranty under this subparagraph, whether before or after any default, provide by contract with the issuer for the extinguishment, upon default by the issuer, of any redemption, equitable, legal, or other right, title, or interest of the issuer in any loan or loans constituting the trust or pool against which the guaranteed securities are issued, and with respect to any issue of guaranteed securities, in the event of default and pursuant otherwise to the terms of the contract, the loans that constitute such trust or pool shall become the absolute property of the Bank subject only to the unsatisfied rights of the holders of the securities based on and backed by such trust or pool. (v) Effect of other laws No State or local law, and no Federal law (except Federal law enacted expressly in limitation of this subparagraph after the effective date of this subparagraph), shall preclude or limit the exercise by the Bank of— (I) its power to contract with the issuer on the terms stated in clause (iv); (II) its rights to enforce any such contract with the issuer; or (III) its ownership rights, as provided in clause (iv), in the loans constituting the trust or pool against which the guaranteed securities are issued. (5) Trusts The Bank is authorized to create, accept, execute, and otherwise administer in all respects trusts, receiverships, conservatorships, liquidating or other agencies, or other fiduciary and representative undertakings and activities, as appropriate for financing purposes. Instruments issued by the Bank pursuant to this section are, to the same extent as securities which are direct obligations of or obligations guaranteed as to principal or interest by the United States, exempt securities within the meaning of laws administered by the Securities and Exchange Commission. (6) Fees In addition to fees authorized under paragraph (4)(B)(ii), the Bank shall assess reasonable fees on its activities, including loans, loan guarantees, insurance, portfolio insurance, and other forms of financing support or risk management it provides so as to cover its reasonable costs and expenses, consistent with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. (7) Appropriations and retention of receipts For purposes of the Federal Credit Reform Act, funds made available to the Green Bank pursuant to section 3102A for carrying out this section are appropriated to the Green Bank for the purposes described in the section. Receipts collected by the Green Bank, consistent with the Federal Credit Reform Act, shall be considered to have been provided in advance in an appropriations act, and shall remain available to the Green Bank until expended. (8) Environmental review In providing any financing support under this section, the Bank may, with the concurrence of the Council on Environmental Quality, adopt by reference and rely on any applicable categorical exclusion or environmental review promulgated by any other Federal Agency pursuant to the National Environmental Policy Act of 1969 ( Public Law 91–190 (9) Immunity from impairment, limitation, or restriction (A) In general All rights and remedies of the Bank shall be immune from impairment, limitation, or restrictions by or under— (i) any law (other than a law enacted by Congress expressly in limitation of this paragraph) that becomes effective after the acquisition by the Bank of the subject or property on, under, or with respect to which the right or remedy arises or exists or would so arise or exist in the absence of the law; or (ii) any administrative or other action that becomes effective after the acquisition. (B) State Law The Bank may conduct its business without regard to any qualification or law of any State relating to incorporation. (10) Taxation (A) In general Subject to subparagraph (B), the Bank (including its activities, capital, reserves, surplus and income) shall be exempt from all taxation imposed by any State or local political subdivision of a State. (B) Real Property Any real property of the Bank shall be subject to taxation by a State or political subdivision of a State to the same extent according to the value of the real property as other real property is taxed. (11) Power to remove; jurisdiction Notwithstanding any other provision of law, any civil action, suit, or proceeding to which the Bank is a party shall be deemed to arise under the laws of the United States, and the United States district courts shall have original jurisdiction. The Bank may, without bond or security, remove any such action, suit, or proceeding from a State court to a United States district court or to the United States District Court for the District of Columbia. (12) Spending safeguards (A) In general The Chief Executive Officer of the Bank— (i) shall require any entity receiving financing support (including a loan, loan guarantee, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management) pursuant to this section to report quarterly, in a format specified by the Chief Executive Officer, on such entity’s use of such support and its progress fulfilling the objectives for which such support was granted, and the Chief Executive Officer shall make these reports available to the public; (ii) may establish additional reporting and information requirements for any recipient of financing support made available pursuant to this section; (iii) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any financing support made available pursuant to this section; (iv) may, in addition to and consistent with any other authority under applicable law, deobligate financing support made available pursuant to this section to entities that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Chief Executive Officer, and award these funds competitively to new or existing applicants consistent with this section; (v) shall create and maintain a fully searchable database, accessible on the Internet (or successor protocol) at no cost to the public, that contains at least— (I) a list of each entity that has applied for a loan, loan guarantee, insurance, portfolio insurance, or other forms of financing support or risk management under this section; (II) a description of each application; (III) the status of each such application; (IV) the name of each entity receiving funds made available pursuant to this section; (V) the purpose for which such entity is receiving such funds; (VI) each quarterly report submitted by the entity pursuant to this section; and (VII) such other information sufficient to allow the public to understand and monitor loans, loan guarantees, insurance, portfolio insurance, and other forms of financing support or risk management provided under this section; (vi) to the extent practicable, data maintained under clause (v) shall be used to inform private capital markets, including the development of underwriting standards for the financing of clean energy projects and energy efficiency projects; (vii) shall make all financing transactions available for public inspection, including formal annual reviews by both a private auditor and the Comptroller General; and (viii) shall at all times be available to receive public comment in writing on the activities of the Bank. (B) Protection of confidential business information To the extent necessary and appropriate, the Chief Executive Officer may redact any information regarding applicants and borrowers to protect confidential business information. (13) Guarantee Except as provided in section 3102A(e) with respect to Green Bonds, financial support provided by the Bank shall not be fully and unconditionally guaranteed by the United States. . 3. Conforming amendments (a) Tax exempt status Subsection (l) of section 501 (4) The Green Bank established under section 9801 . (b) Wholly owned Government corporation Paragraph (3) of section 9101 (S) the Green Bank. . (c) Clerical amendments (1) The table of sections for chapter 31 3102A. Green bonds. . (2) The table of chapters for subtitle VI of title 31, United States Code, is amended by adding at the end the following new item: 98. Green Bank 9801 . 4. Defer deduction of interest expense related to deferred income (a) In general Section 163 (n) Deferral of deduction for interest expense related to deferred income (1) General rule In the case of any taxpayer, the amount of foreign-related interest expense allowed as a deduction under this chapter for any taxable year shall not exceed an amount that bears the same ratio to the sum of the foreign-related interest expense for such year and the deferred foreign-related interest expense as the current inclusion ratio. (2) Treatment of deferred deductions If, for any taxable year— (A) the amount that bears the same ratio to the sum of the foreign-related interest expense for such year and the deferred foreign-related interest expense as the current inclusion ratio, exceeds (B) the foreign-related interest expense for such year, there shall be allowed as a deduction for such year an amount equal to the lesser of such excess and the deferred foreign-related interest expense. (3) Definitions and special rule For purposes of this subsection— (A) Foreign-related interest expense The term foreign-related interest expense (B) Deferred foreign-related interest expense The term deferred foreign-related interest expense (C) Value of assets Except as otherwise provided by the Secretary, for purposes of paragraph (3)(A)(i), the value of any asset shall be the amount with respect to such asset used as determined for purposes of allocating and apportioning interest expense under sections 861 and 864(e). (D) Current inclusion ratio The term current inclusion ratio (i) the sum of all dividends received by the domestic corporation from a section 902 corporation during the taxable year plus amounts includible in gross income under section 951(a) from such section 902 corporation, in each case computed without regard to section 78, divided by (ii) the aggregate amount of post-1986 undistributed earnings for the taxable year. (E) Aggregate amount of post-1986 undistributed earnings The term aggregate amount of post-1986 undistributed earnings (F) Foreign currency conversion For purposes of determining the current inclusion ratio, and except as otherwise provided by the Secretary, the aggregate amount of post-1986 undistributed earnings for the taxable year shall be determined by translating each section 902 corporation’s post-1986 undistributed earnings into dollars using the average exchange rate for such year. (4) Treatment of affiliated groups The current inclusion ratio of each member of an affiliated group (as defined in section 864(e)(5)(A)) shall be determined as if all members of such group were a single corporation. (5) Application to separate categories of income This subsection shall be applied separately with respect to the categories of income specified in section 904(d)(1). (6) Regulations The Secretary may prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance providing— (A) for the proper application of this subsection with respect to changes in ownership of a section 902 corporation, (B) that certain corporations that otherwise would not be members of the affiliated group will be treated as members of the affiliated group for purposes of this subsection, (C) for the proper application of this subsection with respect to the taxpayer’s share of a deficit in earnings and profits of a section 902 corporation, (D) for appropriate adjustments to the determination of the value of stock in any section 902 corporation for purposes of this subsection or to the foreign-related interest expense to account for income that is subject to tax under section 882(a)(1), and (E) for the proper application of this subsection with respect to interest expense that is directly allocable to income with respect to certain assets. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after January 1, 2015.

Green Bank Act of 2014

No Bonuses for Tax Cheats Act - Prohibits the Secretary of the Treasury from providing any discretionary performance award to any employee of the Internal Revenue Service (IRS) with respect to whom there is substantial evidence of misconduct or a seriously delinquent tax debt. Requires the Secretary to consider such a denial or withholding of a discretionary performance award as an action necessary to protect the integrity of the IRS, for purposes of any collective bargaining agreement.

113 S2272 IS: No Bonuses for Tax Cheats Act U.S. Senate 2014-04-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2272 IN THE SENATE OF THE UNITED STATES April 30, 2014 Mr. Burr Mr. Manchin Committee on Finance A BILL To prohibit discretionary bonuses for employees of the Internal Revenue Service who have engaged in misconduct or who have delinquent tax liability. 1. Short title This Act may be cited as the No Bonuses for Tax Cheats Act 2. Restriction on discretionary bonuses for employees of the Internal Revenue Service (a) In general The Secretary of the Treasury (or the Secretary's delegate) shall not provide any discretionary performance award to any employee of the Internal Revenue Service with respect to whom there is substantial evidence of misconduct or seriously delinquent tax debt. (b) Coordination with collective bargaining agreements For the purpose of any collective bargaining agreement with the Internal Revenue Service, the Secretary of the Treasury (or the Secretary's delegate) shall consider the denial or withholding of a discretionary performance award for any employee with respect to whom there is substantial evidence of misconduct described in subsection (c)(1) or seriously delinquent tax debt as an action necessary to protect the integrity of the Internal Revenue Service. (c) Terms For purposes of this section— (1) Misconduct The term misconduct (A) any misuse of, or delinquency with respect to, a travel charge card obtained through the Federal Government; (B) any violation of section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998; (C) any offense consisting of the possession or use of a controlled substance; (D) violent threats; (E) fraudulent behavior, including fraudulently claiming unemployment benefits and fraudulently entering attendance and leave on timesheets; and (F) any other behavior determined by the Secretary (or the Secretary's delegate) under regulations. (2) Seriously delinquent tax debt The term seriously delinquent tax debt (A) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and (B) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending. (3) Discretionary performance awards The term discretionary performance award (A) any performance award based on an employee's performance as reflected in the most recent rating of record; (B) any special act and manager award, or any similar award based on individual or group achievements; (C) any suggestion awards based on the adoption of employee suggestions; and (D) any quality step increase or within grade pay increase based on performance ratings.

No Bonuses for Tax Cheats Act

Department of Defense Energy Security Act of 2014 - Amends the National Energy Conservation Policy Act to authorize agencies to enter into energy savings performance contracts to reduce the costs of fuel supply, delivery, or transport for nonbuilding applications. Prohibits payments by agencies to entities that supply, deliver, or transport fuel under such contracts from exceeding the amounts that the agencies would have paid entities without the contracts. Authorizes the Assistant Secretary of Defense for Research and Engineering to: (1) carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat; and (2) establish an online, centralized repository for all Department of Defense (DOD) operational energy-related research and development efforts. Directs the Secretary of Defense to establish: (1) a DOD executive agent for warrior power to align and advance efforts to measure and manage the development and evaluation of man-portable tactical power generation systems to power tactical communications equipment, weapons systems, and other troop equipment; and (2) a program to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems. Establishes in the Treasury the Department of Defense Alternative Fuel Vehicle Infrastructure Fund to support installing, operating, and maintaining alternative fuel dispensing stations for use by DOD's alternative fueled vehicles and other infrastructure necessary to fuel the vehicles.

113 S2273 IS: Department of Defense Energy Security Act of 2014 U.S. Senate 2014-04-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2273 IN THE SENATE OF THE UNITED STATES April 30, 2014 Mr. Udall of Colorado Committee on Armed Services A BILL To improve energy savings by the Department of Defense, and for other purposes. 1. Short title This Act may be cited as the Department of Defense Energy Security Act of 2014 2. Energy savings performance contracts (a) Agency payments Section 801(a)(2)(B) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(a)(2)(B) (1) by striking both utilities utilities, entities that supply, deliver, and transport fuel, (2) by inserting or fuel supply, delivery, or transport for utilities (b) Nonbuilding applications Section 801(a)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(a)(2) (H) Nonbuilding applications A Federal agency may enter into an energy savings performance contract under this title for the purpose of reducing the costs of fuel supply, delivery, or transport for nonbuilding applications, including secondary savings. . (c) Definitions Section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c (1) in paragraph (2)(A)— (A) in the matter preceding clause (i)— (i) by striking or wastewater treatment wastewater treatment, or fuel supply, delivery, or transport (ii) by inserting or nonbuilding applications federally owned facilities (B) in clause (ii), by striking or (C) in clause (iii), by inserting or (D) by adding at the end the following: (iv) the improved efficiency of fuel use in nonbuilding applications. ; (2) in the first sentence of paragraph (3), by inserting or for the purpose of reducing the cost of fuel supply, delivery, or transport for nonbuilding applications (3) by adding at the end the following: (5) Nonbuilding application The term nonbuilding application (A) any class of vehicles, devices, or equipment that— (i) is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air; and (ii) consumes energy from any fuel source for the purpose of— (I) that transportation; or (II) maintaining a controlled environment within the vehicle, device, or equipment; and (B) any federally owned equipment used to generate electricity or transport water. (6) Secondary savings (A) In general The term secondary savings (B) Inclusions The term secondary savings (i) energy and cost savings that result from a reduction in the need for fuel delivery and logistical support; (ii) personnel cost savings and environmental benefits; and (iii) in the case of electric generation equipment, the benefits of increased efficiency in the production of electricity, including revenues received by the Federal Government from the sale of electricity from the production. . 3. Authorization for research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat (a) Research authorized The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Secretary of the Army and the Secretary of the Navy, may carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat. (b) Previous successes The Secretary of Defense shall ensure that research carried out under subsection (a) takes into account the successes of, and lessons learned during, the development of the Fuel Efficient Ground Vehicle Alpha and Bravo programs to identify, assess, develop, demonstrate, and prototype technologies that support increasing fuel economy and decreasing fuel consumption of light tactical vehicles, while balancing survivability. 4. Requirement to establish repository for operational energy-related research and development efforts of Department of Defense (a) Repository required Not later than December 31, 2015, the Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Assistant Secretary of Defense for Operational Energy Plans and Programs and the Secretaries of the military departments, shall establish a centralized repository for all operational energy-related research and development efforts of the Department of Defense, including with respect to the inception, operational, and complete phases of such efforts. (b) Internet access The Secretary of Defense shall ensure that the repository required by subsection (a) is accessible through an Internet website of the Department of Defense and by all employees of the Department and members of the Armed Forces whom the Secretary determines appropriate, including all program managers involved in such research and development efforts, to enable improved collaboration between military departments on research and development efforts described in subsection (a), sharing of best practices and lessons learned relating to such efforts, and reduce redundancy in such efforts. 5. Executive agent for warrior power Not later than September 31, 2014, the Secretary of Defense shall establish a Department of Defense executive agent for warrior power to align and advance efforts across the military services to measure and manage the research, development, testing, evaluation, procurement, and fielding of man-portable tactical power generation systems to power tactical communications equipment, weapons systems, and other troop equipment. 6. Secure Energy Innovation Program (a) Establishment The Secretary of Defense shall establish a program to develop and support projects designed to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems. (b) Metrics The Secretary of Defense shall develop metrics for assessing the costs and benefits associated with secure energy projects proposed or implemented as part of the program established under subsection (a). The metrics shall take into account financial and operational costs associated with sustained losses of power resulting from natural disasters or attacks that damage electrical grids serving military installations. 7. Authority to use Energy Savings Investment Fund for energy management initiatives Section 2919(b)(2) , to the extent provided for in an appropriations Act, 8. Establishment of Department of Defense Alternative Fueled Vehicle Infrastructure Fund (a) Establishment of Fund There is established in the Treasury a fund to be known as the Department of Defense Alternative Fuel Vehicle Infrastructure Fund Fund (b) Deposits The Fund shall consist of the following: (1) Amounts appropriated to the Fund. (2) Amounts earned through investment under subsection (c). (3) Any other amounts made available to the Fund by law. (c) Investments The Secretary shall invest any part of the Fund that the Secretary decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Secretary decides has a maturity suitable for the Fund. (d) Use of funds Amounts in the Fund shall be available to the Secretary, acting through the Under Secretary of Defense for Acquisition, Training, and Logistics, to install, operate, and maintain alternative fuel dispensing stations for use by alternative fueled vehicles of the Department of Defense and other infrastructure necessary to fuel alternative fueled vehicles of the Department. (e) Private use The Secretary may make alternative fuel dispensed through alternative fuel dispensing stations of the Department available to employees of the Department and members of the Armed Forces for private use. (f) Definitions In this section: (1) Alternative fuel The term alternative fuel section 32901 (2) Alternative fueled vehicle The term alternative fueled vehicle

Department of Defense Energy Security Act of 2014

Transit-Oriented Development Infrastructure Financing Act - Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to make eligible for TIFIA funding any projects to improve or construct public infrastructure located within walking distance of and accessible to a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including transportation, public utility, and certain capital projects, and related infrastructure.

113 S2275 IS: Transit-Oriented Development Infrastructure Financing Act U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2275 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mr. Schatz Mr. Markey Mrs. Gillibrand Mr. Merkley Committee on Environment and Public Works A BILL To expand project eligibility to certain public infrastructure projects under chapter 6 of title 23, United States Code. 1. Short title This Act may be cited as the Transit-Oriented Development Infrastructure Financing Act 2. Infrastructure finance (a) In general Section 601(a)(12) (1) in subparagraph (C), by striking and (2) in subparagraph (D), by striking the period at the end and inserting ; and (3) by adding at the end the following: (E) a project to improve or construct public infrastructure that is located within walking distance of and accessible to a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including transportation, public utility, and capital projects described in section 5302(3)(G)(v) of title 49, and related infrastructure. . (b) Eligible project costs Section 602(a)(5)(B) (1) by striking (B) Intelligent transportation system projects (B) Exceptions (i) Intelligent transportation systems In the case ; and (2) by adding at the end the following: (ii) Transit-oriented development projects In the case of a project described in section 601(a)(12)(E), eligible project costs shall be reasonably anticipated to be equal to or exceed $10,000,000. .

Transit-Oriented Development Infrastructure Financing Act

Caring for America's Heroes Act - Eliminates the limit on the number of days each year inpatient mental health services may be provided to military dependents under the Department of Defense (DOD) TRICARE program (a DOD managed care program). Eliminates the need for TRICARE Standard beneficiaries to obtain: (1) a nonavailability statement or preauthorization to receive mental health services from a civilian provider, or (2) a nonavailability statement to receive mental health services in specialized treatment facilities outside the 200-mile radius of a military medical treatment facility.

113 S2276 IS: Caring for America's Heroes Act U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2276 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mr. Blunt Ms. Stabenow Mr. Moran Mr. Franken Committee on Armed Services A BILL To amend title 10, United States Code, to improve access to mental health services under the TRICARE program. 1. Short title This Act may be cited as the Caring for America's Heroes Act 2. Improvement of access to mental health services under the TRICARE program (a) Elimination of limit on days of inpatient services Section 1079 (1) in subsection (a), by striking paragraph (6); and (2) by striking subsection (i). (b) Repeal of requirement for nonavailability statement or preauthorization Section 721(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 1073 note) is amended by striking (other than mental health services)

Caring for America's Heroes Act

Russian Aggression Prevention Act of 2014 - Directs the Secretary of Defense (DOD) to submit to Congress a strategic framework for U.S. security assistance and cooperation in Europe and Eurasia. Directs the President to: (1) halt for 180-days all current and planned redeployments of combat forces from Europe other than certain redeployments, and (2) develop a plan to correct any deficiencies in the Armed Forces' ability to respond to contingencies in Europe and Eurasia. Expresses the sense of Congress that: (1) the North Atlantic Treaty Organization (NATO) represents the most successful collective security agreement of the modern era, and (2) a strong NATO is critical to maintaining peace in Europe and Eurasia and ensuring that the Russian Federation plays an appropriate role in the region. Directs the President to: (1) implement a plan for increasing U.S. and NATO support for the armed forces of Poland, Estonia, Lithuania, and Latvia, and other NATO member-states; and (2) direct the U.S. Permanent Representative to NATO to seek consideration for permanently basing NATO forces in such countries. Directs the President to submit a plan to Congress for accelerating NATO and European missile defense efforts. Directs the President to establish a United States-German Global and European Security Working Group to focus on areas of mutual concern, including the situation in Ukraine, and increasing political, economic, and military cooperation between the two states. Directs the President to impose asset blocking and U.S. exclusion sanctions, if Russian armed forces have not withdrawn from Crimea within seven days after enactment of this Act, against: (1) any government official, and any close associate or family member of that official, who is responsible for or otherwise directing violations of Ukraine's territorial integrity and sovereignty, or who is responsible for acts of significant corruption in the Russian Federation; (2) any individual who sponsored or provided financial, material, or technological support for, or goods or services in support of such acts; (3) any individual or entity with respect to which sanctions were previously imposed relating to violations of Ukraine's territorial integrity and sovereignty; (4) any entity owned or controlled by a sanctioned entity that is owned or controlled by a citizen of the Russian Federation; and (5) any senior executive of a sanctioned entity who is a citizen of the Russian Federation. Directs the President to impose asset blocking and U.S. exclusion sanctions, if Russian armed forces have not withdrawn from the eastern border of Ukraine within seven days after enactment of this Act, or if agents of the Russian Federation do not cease actions to destabilize the control of the government of Ukraine over eastern Ukraine, against: (1) Sberbank, (2) VTB Bank, (3) Vnesheconombank, (4) Gazprombank, (5) Gazprom, (6) Novatek, (7) Rosneft, (8) Rosoboronexport, (9) any entity owned or controlled by such an entity that is owned or controlled by a citizen of the Russian Federation; and (10) any senior executive of such an entity who is a citizen of the Russian Federation. Imposes asset blocking, U.S. exclusion, and foreign financial entity sanctions, if Russian armed forces expand further into, or the government of the Russian Federation annexes, sovereign territory of Ukraine or any other country in Europe or Eurasia, against: (1) any senior Russian official, (2) any entity owned or controlled by a senior Russian official, and (3) any close associate of a senior Russian official who provides significant support or resources to such senior Russian official. Imposes asset blocking and U.S. exclusion sanctions also, in such circumstances, against: (1) any entity organized under the laws of the Russian Federation that is owned or controlled by the government of the Russian Federation, or owned or controlled by a person sanctioned for violations of Ukraine's territorial integrity and sovereignty; (2) any entity that operates in the arms, defense, energy, financial services, metals, or mining sectors of the Russian Federation; and (3) any senior executive of such an entity who is a citizen of the Russian Federation. Sets forth related penalty requirements. States that U.S. exclusion sanctions shall not apply if necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations. Authorizes the President to waive sanctions if in the U.S. national security interests, and with prior congressional notification. Directs the Secretary of Commerce to limit the transfer or export by any U.S. person of oil and gas advanced technology to any person in, or any citizen of, the Russian Federation if: (1) the Russian Federation has not substantially withdrawn its armed forces from the eastern border of Ukraine within 30 days, or (2) agents of the Russian Federation do not end destabilizing measures in eastern Ukraine. Directs the Secretary of State to work with U.S. allies to limit: (1) sales of defense articles and services to the government of the Russian Federation, and (2) cooperation with the government of the Russian Federation on matters related to the production of defense articles and services by Russian entities. Prohibits the President from: (1) entering into any agreement with the government of the Russian Federation regarding the reduction of nuclear forces except with the advice and consent of the Senate; (2) reducing the number of deployed or non-deployed launchers under the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms while Russian armed forces are threatening the territorial integrity or sovereignty of Ukraine or another European or Eurasian state; (3) sharing sensitive U.S. missile defense information with the government of the Russian Federation; and (4) authorizing any Open Skies Treaty overflights of U.S. territory or government facilities by Russian airplanes that employ any surveillance devices beyond those employed before January 1, 2014. Prohibits amounts from being obligated or expended to integrate into any U.S. or NATO common-funded missile defense system any stand-alone radar or missile defense system manufactured, sold, or exported by: (1) a Russian entity, or (2) any person or entity currently sanctioned or designated under U.S. law for missile technology proliferation. Directs the Secretary of State to provide access to appropriate consular resources, including prioritized access for refugee and other immigration or travel status to the United States, for journalists, political and civil society activists, and dissidents in the Russian Federation. Directs the Secretary of State to increase efforts to strengthen democratic institutions and political and civil society organizations in the Russian Federation. Directs DOD to assess the capabilities and needs of the Ukrainian armed forces. Authorizes the President, upon completion of such assessment, to provide specified military assistance to Ukraine. Expresses the sense of Congress that the President should: (1) provide Ukraine with information about Russian military and intelligence capabilities on Ukraine's eastern border and within Ukraine's territorial borders, including Crimea; and (2) ensure that such intelligence information is protected from further disclosure. Provides major non-NATO ally status for Ukraine, Georgia, and Moldova (during the period in which each of such countries meets specified criteria) for purposes of the transfer or possible transfer of defense articles or defense services. Directs the President to increase: (1) U.S. Armed Forces interactions with the armed forces of Ukraine, Georgia, Moldova, Azerbaijan, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia; and (2) U.S and NATO security assistance to such states. Amends the Natural Gas Act to apply the expedited application and approval process for natural gas exports to World Trade Organization members. Urges the U.S. Agency for International Development (USAID), the Trade and Development Agency, the Overseas Private Investment Corporation (OPIC), the World Bank Group, and the European Bank for Reconstruction to promote assistance to Ukraine, Georgia, and Moldova in order to exploit natural gas and oil reserves and to develop alternative energy sources. Prohibits any federal department or agency from taking any action that recognizes Russian Federation sovereignty over Crimea or otherwise endorses the Russian Federation's illegal annexation of Crimea. Directs the Secretary of State to: (1) strengthen democratic institutions, the independent media, and political and civil society organizations in countries of the former Soviet Union; and (2) increase educational and cultural exchanges with countries of the former Soviet Union. Directs the Broadcasting Board of Governors and the Voice of America (VOA) to provide Congress with a plan for increasing and maintaining through FY2017 the quantity of U.S.-funded Russian-language broadcasting into countries of the former Soviet Union, with priority for broadcasting into Ukraine, Georgia, and Moldova.

113 S2277 IS: Russian Aggression Prevention Act of 2014 U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2277 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mr. Corker Mr. McConnell Ms. Ayotte Mr. Hoeven Mr. Blunt Mr. Rubio Mr. McCain Mr. Cornyn Mr. Graham Mr. Kirk Mr. Barrasso Mr. Risch Mr. Coats Mr. Roberts Mr. Inhofe Mr. Portman Mr. Alexander Mr. Thune Mr. Isakson Mr. Hatch Mr. Flake Mr. Johnson of Wisconsin Mr. Burr Committee on Foreign Relations A BILL To prevent further Russian aggression toward Ukraine and other sovereign states in Europe and Eurasia, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Russian Aggression Prevention Act of 2014 (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Reinvigorating the NATO alliance Sec. 101. Strengthening United States assistance and force posture in Europe and Eurasia. Sec. 102. United States efforts to strengthen the NATO alliance. Sec. 103. Expanded support for Poland and the Baltic states. Sec. 104. Accelerating implementation of European and NATO missile defense efforts. Sec. 105. Strengthened United States-German cooperation on global and European security issues. TITLE II—Deterring further Russian aggression in Europe Sec. 201. United States policy toward Russian aggression in Europe. Sec. 202. Sanctions to address continuing aggression of the Russian Federation toward Ukraine. Sec. 203. Additional sanctions in the event of increased aggression by the Russian Federation toward Ukraine or other countries. Sec. 204. Limitation on Russian access to United States oil and gas technology. Sec. 205. Diplomatic measures with respect to the Russian Federation. Sec. 206. Support for Russian democracy and civil society organizations. TITLE III—Hardening Ukraine and other European and Eurasian states against Russian aggression Sec. 301. Military assistance for Ukraine. Sec. 302. Sense of Congress on intelligence sharing with Ukraine. Sec. 303. Major non-NATO ally status for Ukraine, Georgia, and Moldova. Sec. 304. Expanded security force training, assistance and defense cooperation with key non-NATO states. Sec. 305. Expediting natural gas exports. Sec. 306. European and Eurasian energy independence. Sec. 307. Crimea annexation nonrecognition. Sec. 308. Support for democracy and civil society organizations in countries of the former Soviet Union. Sec. 309. Expanded broadcasting in countries of the former Soviet Union. 2. Definitions In this Act: (1) Alien The term alien (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Correspondent account; payable-through account The terms correspondent account payable-through account section 5318A (4) Domestic financial institution The term domestic financial institution (5) Financial institution The term financial institution section 5312(a)(2) (6) NATO The term NATO (7) Russian financial institution The term Russian financial institution (A) a financial institution organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation, including a foreign branch of such an institution; (B) a financial institution substantially owned or controlled by one or more citizens of the Russian Federation; and (C) a financial institution owned, in whole or in part, or controlled by the Government of the Russian Federation. (8) Senior Russian official The term senior Russian official (A) the President of the Russian Federation; (B) any immediate advisor of the President of the Russian Federation; (C) any other senior official of the Government of the Russian Federation, including the Prime Minister, any deputy prime minister, and any federal minister; and (D) any immediate advisor to such an official. (9) Senior executive The term senior executive (10) 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. I Reinvigorating the NATO alliance 101. Strengthening United States assistance and force posture in Europe and Eurasia (a) Strategic framework (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, with concurrence by the Secretary of State, shall develop and submit to the appropriate congressional committees a strategic framework for United States security assistance and cooperation in Europe and Eurasia. (2) Elements The strategic framework required by paragraph (1) shall include— (A) an evaluation of the extent to which the threat to security and stability in Europe and Eurasia is a threat to the national security of the United States and the security interests of the NATO alliance; (B) an identification of the primary objectives, priorities, and desired end-states of United States security assistance and cooperation programs in Europe and Eurasia and an assessment of the resources required to achieve such objectives, priorities, and end-states; (C) a methodology for assessing the effectiveness of United States security assistance and cooperation programs in such regions in making progress towards such objectives, priorities, and end-states, including an identification of key measures for such progress; and (D) criteria for bilateral and multilateral partnerships in such regions. (b) Immediate halt to current and planned redeployments from Europe The President, consistent with the President's responsibilities as Commander in Chief, including ensuring the readiness of the United States Armed Forces, shall immediately halt, for a 180-day period beginning on the date of the enactment of this Act, all current and planned redeployments of combat forces from Europe, other than redeployments of forces for which replacement forces are already in place or are planned to be in place, with the intent to maintain force numbers at current levels for the 180-day period beginning on the date of the enactment of this Act. (c) Plan for enhancing the ability of the United States military To respond to crises in Europe and Eurasia Not later than 90 days after the date of the enactment of this Act, the President, consistent with the President's responsibilities as Commander in Chief, including ensuring the readiness of the United States Armed Forces, shall identify, and develop a plan to correct, any deficiencies in the ability of the Armed Forces to rapidly and fully respond, in coordination with other NATO allies, to foreseeable contingencies in Europe and Eurasia, including the ability to execute current United States European Command contingency plans. (d) Report Not later than 120 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report detailing the specific deficiencies identified, the plan for correcting such deficiencies, including a cost estimate, and the status of corrective actions being undertaken pursuant to the plan required by subsection (c). 102. United States efforts to strengthen the NATO alliance (a) In general The President shall direct the United States Permanent Representative on the Council of the North Atlantic Treaty Organization (in this Act referred to as the United States Permanent Representative to NATO (1) reaffirm the United States commitment to the NATO Alliance, including its Article V commitment to all NATO member-states, regardless of size or duration of membership; (2) strengthen NATO’s capabilities to deter and, as needed, to rapidly and appropriately respond, including through the use of military force as necessary, to security crises, including any crisis in Europe and Eurasia created by efforts of any state to undermine the territorial, economic, or political sovereignty or integrity of any NATO member-state; (3) call on all NATO member-states to make substantial progress towards meeting the Alliance’s defense spending requirements and national capability targets and seek to ensure that such progress is in fact made; and (4) encourage NATO member-states to work together to achieve energy independence for NATO member-states and other NATO partners in Europe and Eurasia. (b) Sense of Congress It is the sense of Congress that the NATO Alliance represents the single most successful collective security agreement of the modern era and that a strong and revitalized NATO is critical to maintaining peace and security in Europe and Eurasia and ensuring that the Russian Federation plays an appropriate role in the region. 103. Expanded support for Poland and the Baltic states (a) Plan (1) In general Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a plan, including a cost estimate, for substantially increasing United States and NATO support for the armed forces of the Republics of Poland, Estonia, Lithuania, and Latvia, and other NATO member-states as determined by the President, including substantially increasing— (A) the complement of forward-based NATO forces in those states, through appropriate bilateral agreements; and (B) security assistance, including the provision of defense articles, services, and training by the United States and NATO in those states. (2) Implementation Not later than 60 days after the date of the enactment of this Act, the President shall begin implementation of the plan required under paragraph (1). (b) Report Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report detailing the specific efforts being undertaken and planned to be undertaken by the United States Government to implement the plan required by subsection (a). (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $50,000,000 for each of fiscal years 2014 through 2017 to carry out the activities described under subsection (a). (d) Authority for use of funds Funds authorized to be appropriated pursuant to subsection (c) for the provision of defense articles, services, and training may be used to procure such assistance from the United States Government or other appropriate sources. (e) Permanent basing of NATO forces in Poland and the Baltic states The President shall direct the United States Permanent Representative to NATO to use the voice, vote, and influence of the United States to seek consideration by NATO of the wisdom and efficacy of permanently basing NATO forces on a rotational basis in the Republics of Poland, Estonia, Latvia, and Lithuania, and other NATO member-states as determined by the President. 104. Accelerating implementation of European and NATO missile defense efforts (a) Plan (1) In general Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a plan, including a cost estimate, for— (A) accelerating the implementation of phase three of the European Phased Adaptive Approach for Europe-based missile defense, in order to complete such implementation of phase three by no later than the end of calendar year 2016, or providing alternative capabilities to protect key NATO allies in Europe and Eurasia, including, as appropriate, provision of PATRIOT, Terminal High Altitude Area Defense, or other missile defense systems; and (B) accelerating NATO’s development of an alliance missile defense capability and its expansion of current missile defense command, control, and communications capabilities to protect NATO European and Eurasian populations, territory, and forces against increasing missile threats. (2) Implementation Not later than 60 days after the date of the enactment of this Act, the President shall begin implementation of the plan under paragraph (1). (b) Report Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report detailing the specific efforts being undertaken and planned to be undertaken by the United States to implement the plan required by subsection (a). 105. Strengthened United States-German cooperation on global and European security issues (a) Policy It is the policy of the United States Government to work closely with the Government of the Federal Republic of Germany on issues related to global and European security, particularly in light of ongoing events in Europe and Eurasia. (b) United States-German Global and European Security Working Group The President shall establish a United States-German Global and European Security Working Group to focus on areas of mutual concern, including addressing the ongoing situation in Ukraine and to increase the political, economic, and military cooperation between the two states, including additional intelligence sharing between the two states. (c) Regular meetings The working group required to be established under subsection (b) shall meet not less than annually at the Secretary level or above, semi-annually at the Deputy Secretary level or above, and quarterly at the Assistant Secretary level or above. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $5,000,000 for each of fiscal years 2015 through 2017 to carry out the activities described under subsections (b) and (c). (e) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the meetings of the working group required to be established under subsection (b), including a description of the specific issues discussed and decisions made by the working group, and its efforts to improve, expand, and deepen the relationship between the United States Government and the Government of the Federal Republic of Germany. II Deterring further Russian aggression in Europe 201. United States policy toward Russian aggression in Europe It is the policy of the United States— (1) to use all appropriate elements of United States national power, in coordination with United States allies, to protect the independence, sovereignty, and territorial and economic integrity of Ukraine and other sovereign states in Europe and Eurasia from Russian aggression; (2) to actively work to deter further Russian aggression toward Ukraine and other sovereign states in Europe and Eurasia by imposing costs on the Russia Federation for its ongoing activities, as well as to make clear the consequences for further aggressive activities; (3) to work with United States partners in the European Union, NATO, and at the United Nations to ensure that all states, including the Russian Federation, recognize and not undermine, nor seek to undermine, the independence, sovereignty, or territorial or economic integrity of Ukraine and other sovereign states in Europe and Eurasia; (4) to condemn the continuing and long-standing pattern and practice by the Government of the Russian Federation of physical and economic aggression toward various countries in Europe and Eurasia; (5) to condemn the unjustified military intervention of the Russian Federation in the Crimea region of Ukraine and its concurrent occupation of that region, as well as any other form of political, economic, or military aggression toward Ukraine and other sovereign states in Europe and Eurasia, including the unnecessary and destabilizing presence of tens of thousands of Russian troops along the Ukrainian border; (6) to condemn economic extortion by the Government of the Russian Federation against the governments and people of Ukraine, Moldova, Lithuania, Georgia, and other countries in the region designed to obstruct closer ties between the European Union and the countries of the Eastern Partnership and to reduce the harmful consequences of such extortion; (7) to reaffirm the commitment of the United States to, and to remind Russia of its ongoing obligations under, and commitment to, the 1994 Budapest Memorandum on Security Assurances, which was executed jointly with the Russian Federation and the United Kingdom and explicitly secures the independence, sovereignty, and territorial integrity and borders of Ukraine; (8) to not recognize the unlawful referendum that took place in Crimea on March 16, 2014, or the Russian Federation’s illegal annexation of Crimea, including to not recognize any de jure or de facto sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters, and to call for the immediate reversal of the Russian Federation’s illegal annexation of Crimea; (9) to condemn the unjustified activities of agents of the Russian Federation in eastern Ukraine seeking to foment civil unrest and disturbance; (10) to support the people of Ukraine, Moldova, and Georgia in their desire to forge closer ties with Europe, including signing an Association Agreement with the European Union as a means to address endemic corruption, consolidate democracy, and achieve sustained prosperity; (11) to enhance and extend United States security cooperation with, security assistance to, and military exercises conducted with, states in Europe and Eurasia, including NATO member countries, NATO aspirants, and appropriate Eastern Partnership countries; (12) to reaffirm United States defense commitments to its treaty allies under Article V of the North Atlantic Treaty; (13) that the continued participation of the Russian Federation in the Group of Eight (G–8) states and its receipt of assistance from the World Bank Group should be conditioned on the Government of the Russian Federation respecting the territorial integrity of its neighbors and accepting and adhering to the norms and standards of free, democratic societies; (14) to support the people of Ukraine and Moldova in their efforts to conduct free and fair elections, including the Presidential elections in Ukraine in May 2014 and the parliamentary elections in Moldova in November 2014, as well as any subsequent elections; (15) to support the May 2012 NATO Chicago Summit Declaration’s statement that [i]n accordance with Article 10 of the Washington Treaty, NATO’s door will remain open to all European democracies which share the values of our Alliance, which are willing and able to assume the responsibilities and obligations of membership, which are in a position to further the principles of the Treaty, and whose inclusion can contribute to security in the North Atlantic area, (16) to explore ways for the United States Government to assist the countries of Europe and Eurasia to diversify their energy sources and achieve energy security, including through the development of a transatlantic energy strategy. 202. Sanctions to address continuing aggression of the Russian Federation toward Ukraine (a) Imposition of sanctions (1) Imposition of sanctions if Russian forces do not withdraw from Crimea If the armed forces of the Russian Federation have not withdrawn from Crimea (other than military forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine) by not later than the date that is 7 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to— (A) any official or agent of the Government of the Russian Federation, and any close associate or family member of an official of the Government of the Russian Federation, that the President determines is responsible for, participating in, complicit in, or responsible for ordering, controlling, or otherwise directing— (i) violations of the territorial integrity and sovereignty of Ukraine beginning in February 2014; or (ii) acts of significant corruption in the Russian Federation, 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; (B) any individual that the President determines sponsored or provided financial, material, or technological support for, or goods or services in support of, the commission of acts described in subparagraph (A); (C) any individual or entity with respect to which sanctions were imposed before the date of the enactment of this Act pursuant to— (i) authority provided under any Executive order relating to violations of the territorial integrity and sovereignty of Ukraine beginning in February 2014; or (ii) authority provided under section 8 or 9 of the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 ( Public Law 113–95 (D) any entity owned or controlled by an entity described in subparagraph (C) that is owned or controlled by a citizen of the Russian Federation; and (E) any senior executive of an entity described in subparagraph (C) or (D) who is a citizen of the Russian Federation. (2) Imposition of sanctions if Russian forces do not withdraw from eastern border of Ukraine or do not cease destabilizing activities If the Government of the Russian Federation has not withdrawn substantially all of the armed forces of the Russian Federation from the immediate vicinity of the eastern border of Ukraine by not later than the date that is 7 days after the date of the enactment of this Act, or agents of the Russian Federation do not cease taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine on or after that date (including through active support of efforts to unlawfully occupy facilities of the Government of Ukraine), the President shall impose the sanctions described in subsection (b) with respect to— (A) Sberbank; (B) VTB Bank; (C) Vnesheconombank; (D) Gazprombank; (E) Gazprom; (F) Novatek; (G) Rosneft; (H) Rosoboronexport; (I) any entity owned or controlled by an entity specified in any of subparagraphs (A) through (H) that is owned or controlled by a citizen of the Russian Federation; and (J) any senior executive of an entity specified in any of subparagraphs (A) through (I) who is a citizen of the Russian Federation. (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) Exclusion from the United States and revocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) 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 (3) Exception relating to the importation of goods (A) In general The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good 50 U.S.C. 1701 et seq. (4) Exception to comply with United Nations Headquarters agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States 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. (c) Waiver The President may waive the application of sanctions under this section with respect to a person or a transaction if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits a notice of and a justification for the waiver to— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (d) Publication of list of sanctioned persons Not later than 7 days after the imposition of sanctions pursuant to subsection (a), the President shall publish a list of the persons with respect to which sanctions were imposed pursuant to that subsection. (e) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 203. Additional sanctions in the event of increased aggression by the Russian Federation toward Ukraine or other countries (a) In general If the armed forces of the Russian Federation expand further into, or the Government of the Russian Federation annexes, the sovereign territory of Ukraine or any other country in Europe or Eurasia after the date of the enactment of this Act without the consent of the legally recognized government of that country— (1) all of the sanctions described in subsection (b) shall be imposed the following business day by action of law with respect to— (A) any senior Russian official; (B) any entity owned or controlled by a senior Russian official; and (C) any close associate of a senior Russian official that provides significant support or resources to that senior Russian official; (2) the sanctions described in subparagraphs (A) and (B) of subsection (b)(1) shall be imposed the following business day by action of law on— (A) any entity— (i) organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation; (ii) that is owned, in whole or in part, or controlled by— (I) the Government of the Russian Federation; (II) any person with respect to which sanctions are imposed under section 202; (III) any person with respect to which sanctions are imposed under paragraph (1); or (IV) any person with respect to which sanctions are imposed pursuant to an Executive order or any other provision of law in relation to violations of the territorial integrity and sovereignty of Ukraine beginning in February 2014; and (iii) that operates in the arms, defense, energy, financial services, metals, or mining sectors of the Russian Federation; and (B) any senior executive of an entity described in subparagraph (A) who is a citizen of the Russian Federation; and (3) the President shall exercise all powers granted to the President pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) Exclusion from the United States and revocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (C) Sanctions with respect to foreign financial institutions A prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly conducted, on or after the date of the enactment of this Act, transactions with a person determined by the President to be subject to subsection (a). (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subparagraph (A) or (C) of paragraph (1) or any regulation, license, or order issued to carry out either such subparagraph 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 (3) Exception relating to the importation of goods (A) In general The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good 50 U.S.C. 1701 et seq. (4) Exception to comply with United Nations Headquarters agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States 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. (c) Waiver The President may waive the application of sanctions under subsection (b) with respect to a person or transaction if the President— (1) determines that such a waiver is in the vital national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits a notice of and a justification for the waiver to— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (d) Publication of list of sanctioned persons Not later than 7 days after the imposition of sanctions pursuant to subsection (a), the President shall publish a list of the persons with respect to which sanctions were imposed pursuant to that subsection. (e) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 204. Limitation on Russian access to United States oil and gas technology (a) In general If the Government of the Russian Federation has not withdrawn substantially all of the armed forces of the Russian Federation from the immediate vicinity of the eastern border of Ukraine by not later than the date that is 30 days after the date of the enactment of this Act, or agents of the Russian Federation do not cease taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine on or after that date (including through active support of efforts to unlawfully occupy facilities of the Government of Ukraine), the Secretary of Commerce, in consultation with the Secretary of State, shall revise the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, to strictly limit the transfer or export by any United States person of any advanced technology described in subsection (b) to any person in the Russian Federation or any citizen of the Russian Federation. (b) Advanced technology described Advanced technology described in this subsection is advanced technology that— (1) is developed or controlled by a United States person and is not available from a person that is not a United States person; and (2) relates to the discovery, exploration, or extraction of onshore or offshore oil or natural gas deposits, including the discovery, exploration, or extraction of oil or natural gas deposits in shale. (c) Limited exception The President may authorize a transaction for the transfer or export by a United States person of an advanced technology described in subsection (b) if the President determines that such authorization is in the national security interests of the United States. (d) Duration of regulations The prohibition under subsection (a) shall remain in effect until such time as the President— (1) determines that such regulations are no longer warranted or appropriate; and (2) submits a notification of and justification for that determination to— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives. (e) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 205. Diplomatic measures with respect to the Russian Federation (a) Limiting defense sales and defense industrial cooperation The Secretary of State, in coordination with the Secretary of Defense and the Secretary of Commerce, shall work with United States allies in Europe and around the world to strictly limit— (1) the sales of defense articles and services to the Government of the Russian Federation; and (2) the cooperation of the United States and its allies with the Government of the Russian Federation on matters related to the production of defense articles and services by Russian entities. (b) Duration of limits The diplomatic measures required to be instituted pursuant to subsection (a) shall remain in effect until such time as the President determines in writing to the appropriate congressional committees that such diplomatic measures are no longer warranted or appropriate, including a justification for such determination. (c) Nuclear force reduction agreements (1) Policy It is the policy of the United States to not engage in further negotiations with the Russian Federation to reduce nuclear forces until the Russian Federation is in full compliance with all existing bilateral nuclear agreements with the United States, including the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988. (2) Restriction Notwithstanding any other provision of law, the President shall not enter into any agreement with the Government of the Russian Federation with respect to the reduction of nuclear forces except with the advice and consent of the Senate pursuant to article II, section 2, clause 2 of the United States Constitution. (d) Restriction on force posture adjustments pursuant to the new START Treaty The President shall not take any steps to reduce the number of accountable deployed or non-deployed launchers under the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011 (commonly referred to as the New START Treaty (e) Limitations on missile defense cooperation (1) In general The President shall not permit any sharing of sensitive United States missile defense information with the Government of the Russian Federation. (2) Spending limitation No amounts may be obligated or expended to integrate into any United States or NATO common-funded missile defense system, including the NATO Air Defense Ground Environment, any standalone radar or missile defense system manufactured, sold, or exported by a Russian entity or by any person or entity currently sanctioned or designated under United States law for missile technology proliferation. (f) Report on Russian violations of international agreements Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report detailing any and all violations of international or bilateral arms control or other agreements by the Russian Federation since the entry into force of the Intermediate-Range Nuclear Forces Treaty, including any suspected or confirmed violations of that treaty and the implications of the Russian suspension of the Treaty on Conventional Forces in Europe, as well as any steps taken by the President to hold the Russian Federation accountable for any such violations. (g) Limitations on Open Skies Treaty flights The President shall not authorize any overflights of the territory of the United States or United States Government facilities or installations by aircraft of the Russian Federation pursuant to the Treaty on Open Skies, signed at Helsinki March 24, 1992, and entered into force January 1, 2002, that employ any surveillance devices beyond those employed on such aircraft prior to January 1, 2014. (h) Report on alternatives to Russian rocket engines Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on alternatives to the use of RD–180 rocket engines produced in the Russian Federation for national security launches and a recommendation on whether any domestic alternatives to the use of such engines should be pursued in the next two fiscal years. (i) Additional consular activities The Secretary of State shall prioritize and undertake efforts to identify and provide access to appropriate consular resources, including prioritized access to applications for refugee and other appropriate immigration or travel status to the United States, for journalists and political and civil society activists and dissidents in the Russian Federation. (j) Report on significant corruption in the Russian Federation and the effects of such corruption (1) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State, in coordination with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on significant corruption in the Russian Federation and the extent to which such corruption undermines political and economic development in the independent countries of the former Soviet Union. (2) Required elements The report required by paragraph (1) may contain a classified annex, but shall include in unclassified form the following elements: (A) A detailed description of corruption among senior officials of the Government of the Russian Federation and the connections between such corruption and business leaders in the Russian Federation. (B) A detailed description of how the Government of the Russian Federation uses corruption to sustain the power of specific individuals in government and business. (C) An estimate in United States dollars of the personal net wealth of any senior Russian official, or a family member or close associate of such official, who is responsible for, or complicit in, or responsible for ordering, controlling, or otherwise directing, acts of significant corruption in Russia, including the expropriation of private or state 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. (D) An estimate in United States dollars of the amount of money derived from acts of significant corruption in the Russian Federation that has been invested, laundered, or otherwise transferred into the sovereign jurisdiction of each of the independent countries of the former Soviet Union. (E) Detailed descriptions of specific instances of significant corruption in the Russian Federation. (F) A detailed description of how the Government of the Russian Federation uses corruption in other states in order to create and maintain a dependence on the Russian Federation and on specific Russian government officials, entities, and business leaders. (G) A detailed description of the extent to which the flow of money described in subparagraph (D) contributes to public or private corruption, non-transparent or unaccountable government or private sector decisionmaking, or the weakening, subversion, or undermining of sovereignty, democratic institutions, rule of law, or economic or financial systems in each of the independent countries of the former Soviet Union. (H) A detailed description of the political and financial networks and other mechanisms through which the money described in subparagraph (D) contributes to the malign effects in the independent countries of the former Soviet Union as described in subparagraph (G). (3) Interagency working group The Secretary of State, in coordination with the Secretary of the Treasury, shall convene an interagency working group, including representatives of the United States intelligence community, to coordinate the production of the report required by this subsection, prioritize the collection and analysis of intelligence and financial information required for such report, and support efforts to address the effects of corruption in the Russian Federation on Russian citizens, the United States, and United States allies and partners in Europe and Eurasia, including increasing public awareness of such issues in the Russian Federation and other countries. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary of State for the Bureau of Democracy, Human Rights, and Labor $2,500,000 for each of fiscal years 2015 through 2017 to support the efforts of the interagency working group described in paragraph (3), including the hiring of staff as appropriate, and to produce the report required by paragraph (1). (k) Report on russian economy Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Assistant Secretary of State for Intelligence and Research shall submit to the appropriate congressional committees and make publically available a report on the state of economic activity and government-owned enterprises in the Russian Federation. The report shall analyze relevant economic indicators, including gross domestic product (GDP) and the amount of GDP derived from government spending, money supply, inflation, unemployment, capital flows, and foreign direct investment. 206. Support for Russian democracy and civil society organizations (a) In general The Secretary of State shall increase efforts, directly or through nongovernmental organizations, to— (1) improve democratic governance, transparency, accountability, rule of law, and anti-corruption efforts in the Russian Federation; (2) strengthen democratic institutions and political and civil society organizations in the Russian Federation; (3) expand uncensored Internet access in Russia; and (4) expand free and unfettered access to independent media of all kinds in Russia, including through increasing United States Government-supported broadcasting activities, and to assist with the protection of journalists and civil society activists who have been targeted for free speech activities. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $10,000,000 for each of fiscal years 2015 through 2017 to carry out the activities set forth in subsection (a). (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy to carry out the activities set forth in subsection (a). (d) Notification requirement (1) In general Funds appropriated or otherwise made available pursuant to subsection (b) may not be obligated until 15 days after the date on which the President has provided notice of intent to obligate such funds to the appropriate congressional committees. (2) Waiver The President may waive the notification requirement under paragraph (1) if the President determines that failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver. III Hardening Ukraine and other European and Eurasian states against Russian aggression 301. Military assistance for Ukraine (a) In general Notwithstanding any other provision of law limiting the assistance to be provided under this section, beginning on the date following the date of completion of the assessment required by subsection (b), the President is authorized to provide to the Government of Ukraine upon that Government's request, as appropriate and in a manner consistent with the capabilities and needs of the armed forces of Ukraine identified in such assessment, the following defense articles, services, and training: (1) Anti-tank weapons and ammunition. (2) Anti-aircraft weapons and ammunition. (3) Crew weapons and ammunition. (4) Small arms and ammunition, including pistols, submachine guns, assault rifles, grenade launchers, machine guns, and sniper rifles. (5) Mine Resistant Ambush Protected vehicles. (6) High Mobility Multipurpose Wheeled Vehicles. (7) Inflatable boats. (8) Body armor. (9) Fire control, range finder, optical and guidance and control equipment. (10) Explosive disposal and improvised explosive device detection equipment. (11) Mine detection equipment. (12) Chemical, biological, radiation, and nuclear detection, testing, and protection equipment. (13) Communications, logistic, combat support, medical equipment, rations, specialized equipment, and other defense articles, services, and training requested by the Government of Ukraine that the President determines to be appropriate. (b) Required assessment No later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment, or complete any ongoing assessment, of the capabilities and needs of the armed forces of Ukraine and shall ensure that it includes— (1) an assessment of the releasability of the equipment set forth in subsection (a), equipment requested by the Government of Ukraine, or equipment that may foreseeably be requested based on the current state of the armed forces of Ukraine; and (2) an assessment of the need for, appropriateness of, and force protection concerns of any United States military advisors to be made available to the armed forces of Ukraine. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2014 to carry out the activities set forth in subsection (a). (d) Authority for use of funds The funds made available pursuant to subsection (c) for the provision of defense articles, services, and training may be used to procure such assistance from the United States Government or other appropriate sources. (e) Provision of assessment to Congress Not later than 7 days following the completion of the assessment required by subsection (b), the President shall provide such assessment to the appropriate congressional committees. 302. Sense of Congress on intelligence sharing with Ukraine It is the sense of Congress that the President, subject to the discretion of the President protect sources and methods of intelligence collection and to protect the capabilities of the intelligence community and the United States Armed Forces, should— (1) provide the Government of Ukraine with appropriate intelligence and other information to assist the Government of Ukraine— (A) to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on the eastern border of Ukraine and within the territorial borders of Ukraine, including Crimea; and (B) to respond effectively to further aggression by military and intelligence forces of the Russian Federation; and (2) take steps to ensure that such intelligence information is fully and appropriately protected from further disclosure, including limiting, as appropriate, the provision and nature of such intelligence information. 303. Major non-NATO ally status for Ukraine, Georgia, and Moldova (a) In general During the period in which Ukraine, Georgia, and Moldova meet the criteria set forth in subsection (b), notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. 22 U.S.C. 2151 et seq. 22 U.S.C. 2403(q) (b) Criteria for treatment as a major non-NATO ally In order to be treated as a major non-NATO ally pursuant to subsection (a), a country must— (1) have a democratically elected government that came to power pursuant to free and fair elections; (2) cooperate fully with the United States on matters of mutual security concern, including counterterrorism matters; and (3) respect the political and legal rights of its citizens, including maintaining the right of its citizens to democratically elect their government. (c) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall provide to the appropriate congressional committees a report assessing whether Ukraine, Georgia, and Moldova should continue to be treated, for purposes of the transfer or possible transfer of defense articles or defense services, as major non-NATO allies and whether the treatment should be expanded or reduced. 304. Expanded security force training, assistance and defense cooperation with key non-NATO states (a) Expanded training and assistance The President shall take steps, consistent with the President's responsibility as Commander in Chief, to substantially increase, within one year after the date of the enactment of this Act— (1) the military-to-military interactions of the United States Armed Forces with the armed forces of Ukraine, Georgia, Moldova, Azerbaijan, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, including specifically increasing the current tempo of military exercises and training efforts and exchanges with such armed forces; and (2) United States and NATO security assistance to such states. (b) NATO European Partners Security Fund The President shall direct the United States Permanent Representative to NATO to use the voice, vote, and influence of the United States to encourage NATO to create a European Partners Security Fund with appropriate contributions from all member-states to support the provision of expanded NATO training, exercises, assistance to, and exchanges with, the armed forces of Ukraine, Georgia, Moldova, Azerbaijan, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia. (c) Bilateral and multilateral defense cooperation agreements Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall seek to enter into negotiations with Ukraine, Georgia, Moldova, Azerbaijan, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro and Serbia to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation. (d) Report Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a country-by-country report detailing the specific efforts being undertaken and planned to be undertaken by the United States Government to implement the increased military-to-military interactions and security assistance required by subsection (a) and to undertake the negotiations required by subsection (c). 305. Expediting natural gas exports (a) In general Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b (1) by striking (c) For purposes (c) Expedited application and approval (1) Definition of World Trade Organization member nation In this subsection, the term World Trade Organization member nation (2) Expedited application and approval process For purposes ; and (2) in paragraph (2) (as so designated), by striking a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas a World Trade Organization member nation (b) Pending applications The amendments made by subsection (a) shall apply to applications for authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 306. European and Eurasian energy independence (a) Assistance from the United States Agency for International Development The Administrator of the United States Agency for International Development should prioritize— (1) loan, lease, and bond guarantees to appropriate financial institutions and other eligible borrowers through the Development Credit Authority to facilitate the involvement of such institutions and borrowers in financing efforts in Ukraine to help exploit existing natural gas reserves, to conduct additional exploration for oil and gas, to develop alternative sources of energy, including oil and gas, and to encourage energy efficiency, for Ukraine, Georgia, and Moldova, including the development of associated transportation, storage, and refinement facilities; and (2) direct assistance to expand efforts in Ukraine, Georgia, and Moldova to help exploit existing natural gas reserves, to conduct additional exploration for oil and gas, and to develop alternative sources of energy, including oil and gas, and to encourage energy efficiency, for Ukraine, Georgia, and Moldova, including the development of associated transportation, storage, and refinement facilities. (b) Promotion of United States private sector participation in energy development in Ukraine, Georgia, and Moldova The Director of the Trade and Development Agency should promote United States private sector efforts to help exploit existing natural gas reserves, to conduct additional exploration for oil and gas, and to develop alternative sources of energy, including oil and gas, for Ukraine, Georgia, and Moldova, including the development of associated transportation, storage, and refinement facilities, by conducting and funding project preparation activities for projects in Ukraine, Georgia, and Moldova, including feasibility studies, technical assistance, pilot projects, reverse trade missions, conferences, and workshops. (c) Support from the Overseas Private Investment Corporation The Overseas Private Investment Corporation— (1) should prioritize support for investments to help exploit existing natural gas reserves, to conduct additional exploration for oil and gas, to develop alternative sources of energy, including oil and gas, and to encourage energy efficiency, for Ukraine, Georgia, and Moldova, including the development of associated transportation, storage, and refinement facilities; and (2) shall implement procedures for expedited review of and, where appropriate, approval of, applications by eligible investors (as defined in section 238 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2198 (d) Prioritization of energy projects in Ukraine, Georgia, and Moldova by the World Bank Group and the European Bank for Reconstruction and Development The President shall direct the United States Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to use the voice, vote, and influence of the United States to encourage the World Bank Group and the European Bank for Reconstruction and Development to invest in, and increase their efforts to promote investment in, efforts to help exploit existing natural gas reserves, to conduct additional exploration for oil and gas, to develop alternative sources of energy, including oil and gas, and to encourage energy efficiency, for Ukraine, Georgia, and Moldova, including the development of associated transportation, storage, and refinement facilities, and to stimulate private investment in such projects. (e) Effectiveness measurement In providing loan guarantees, assistance, and support as described in this section and in prioritizing the projects as described in this section, the President and the heads and other appropriate officials of the United States Agency for International Development, the Trade and Development Agency, and the Overseas Private Investment Corporation shall ensure that the effectiveness of such guarantees, assistance, support, and projects is measured through the use of clear, accountable, and metric-based targets aimed at achieving energy independence for Ukraine, Georgia, and Moldova. (f) Report on additional European gas pipeline Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the appropriate congressional committees a report on the costs, benefits, and economic viability of a gas pipeline extending from the border of Turkey into Eastern Europe and interconnected to the proposed Trans-Anatolian pipeline. (g) Report and plan on nuclear power in Ukraine Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy, in coordination with the Secretary of Commerce, shall submit to the appropriate congressional committees a report— (1) identifying the nuclear fuel requirements of the power sector of Ukraine; and (2) including a plan for— (A) supporting commercial production capabilities to provide alternative nuclear fuel supplies for Ukraine; and (B) providing such support as the Secretary of the Energy deems appropriate for Ukraine to maintain the safe, secure, and sustainable operation of nuclear reactors in Ukraine. 307. Crimea annexation nonrecognition (a) In general No Federal department or agency may take any action that recognizes sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters or otherwise endorses the Russian Federation’s illegal annexation of Crimea. 308. Support for democracy and civil society organizations in countries of the former Soviet Union (a) Democratic governance support (1) In general The Secretary of State shall increase efforts, directly or through nongovernmental organizations, to— (A) improve democratic governance, transparency, accountability, rule of law, and anti-corruption efforts in countries of the former Soviet Union; (B) strengthen democratic institutions and political and civil society organizations in countries of the former Soviet Union; (C) expand uncensored Internet access in countries of the former Soviet Union; and (D) expand free and unfettered access to independent media of all kinds in countries of the former Soviet Union, including through increasing United States Government-supported broadcasting activities, and to assist with the protection of journalists and civil society activists who have been targeted for free speech activities. (2) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $25,000,000 for each of fiscal years 2015 through 2017 to carry out the activities set forth in paragraph (1). (b) Increased support for exchanges and public affairs The Secretary of State shall substantially increase— (1) educational and cultural exchanges with countries of the former Soviet Union; and (2) public affairs grants and activities in countries of the former Soviet Union. (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy to carry out the activities set forth in subsections (a) and (b). (d) Notification requirement (1) In general Funds appropriated or otherwise made available pursuant to subsection (a) may not be obligated until 15 days after the date on which the President has provided notice of intent to obligate such funds to the appropriate congressional committees. (2) Waiver The President may waive the notification requirement under paragraph (1) if the President determines that failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver. 309. Expanded broadcasting in countries of the former Soviet Union (a) In general Not later than 90 days after the date of the enactment of this Act, the Chairman of the Broadcasting Board of Governors and the Director of Voice of America shall provide Congress with a plan, including a cost estimate, for immediately and substantially increasing and maintaining through fiscal year 2017 the quantity of United States-funded Russian-language broadcasting into countries of the former Soviet Union. (b) Prioritization and focus of programming The plan required by subsection (a) shall prioritize broadcasting into Ukraine, Georgia, and Moldova and shall ensure that the increased broadcasting content required by subsection (a) is focused on conveying the perspective of the United States Government and public regarding ongoing events in those states to Russian language audiences. (c) Additional priorities The plan required by subsection (a) should also consider— (1) near-term increases in Russian-language broadcasting in other priority countries including Estonia, Lithuania, and Latvia; (2) increases in broadcasting in other critical languages, including Ukrainian and Romanian languages; and (3) prioritizing work by the Broadcasting Board of Governors and the Voice of America with European and Eurasian allies to increase their broadcasting and communications content directed into countries of the former Soviet Union. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $7,500,000 for each of fiscal years 2014 through 2017 to carry out the activities required by subsections (a) through (c).

Russian Aggression Prevention Act of 2014

Energy Freedom and Economic Prosperity Act of 2014 - Amends the Internal Revenue Code to repeal tax credits for: (1) alcohol fuel, biodiesel, and alternative fuel mixtures; (2) alternative motor vehicles; (3) new qualified plug-in electric drive motor vehicles; (4) alcohol used as fuel; (5) enhanced oil recovery; (6) producing oil and gas from marginal wells; (7) producing electricity from advanced nuclear power facilities; (8) carbon dioxide sequestration; (9) investment in energy property; and (10) investment in qualifying advanced coal projects, qualifying gasification projects, and qualifying advanced energy projects. Directs the Secretary of the Treasury to revise the income tax rates for corporations based upon the overall revenue savings from the repeal of the energy tax expenditures by this Act and ensure that each revised rate is reduced by a uniform percentage.

113 S2279 IS: Energy Freedom and Economic Prosperity Act of 2014 U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2279 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mr. Lee Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to terminate certain energy tax subsidies and lower the corporate income tax rate. 1. Short title; reference to 1986 Code (a) Short title This Act may be cited as the Energy Freedom and Economic Prosperity Act of 2014 (b) Reference to 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. I Repeal of energy tax subsidies 101. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures (a) In general Section 6426 is repealed. (b) Conforming amendments (1) Paragraph (1) of section 4101(a) is amended by striking or alcohol (as defined in section 6426(b)(4)(A) (2) Paragraph (2) of section 4104(a) is amended by striking 6426, or 6427(e) (3) Section 6427 is amended by striking subsection (e). (4) Subparagraph (E) of section 7704(d)(1) is amended— (A) by inserting (as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act of 2014 of section 6426 (B) by inserting (as so in effect) section 6426(b)(4)(A) (5) Paragraph (1) of section 9503(b) is amended by striking the second sentence. (c) Clerical amendment The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426. (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to fuel sold and used after the date of the enactment of this Act. (2) Liquefied hydrogen In the case of any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code of 1986 as in effect before its repeal by this Act) involving liquefied hydrogen, the amendments made by this section shall apply with respect to fuel sold and used after September 30, 2014. 102. Early termination of credit for qualified fuel cell motor vehicles (a) In general Section 30B is repealed. (b) Conforming amendments (1) Subparagraph (A) of section 24(b)(3) is amended by striking , 30B (2) Paragraph (2) of section 25B(g) is amended by striking , 30B, (3) Subsection (b) of section 38 is amended by striking paragraph (25). (4) Subsection (a) of section 1016 is amended by striking paragraph (35) and by redesignating paragraphs (36) and (37) as paragraphs (35) and (36), respectively. (5) Subsection (m) of section 6501 is amended by striking , 30B(h)(9) (c) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 103. Early termination of new qualified plug-in electric drive motor vehicles (a) In general Section 30D is repealed. (b) Effective date The amendment made by this section shall apply to vehicles placed in service after the date of the enactment of this Act. 104. Repeal of credit for alcohol used as fuel (a) In general Section 40 is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (3). (2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively. (3) Paragraph (1) of section 4101(a) is amended by striking , and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E)) (4) Paragraph (1) of section 4104(a) is amended by striking , 40 (c) Effective date The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. 105. Repeal of enhanced oil recovery credit (a) In general Section 43 is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (6). (2) Paragraph (4) of section 45Q(d) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act of 2014 section 43(c)(2) (3) Subsection (c) of section 196, as amended by sections 105 and 106 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively. (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (d) Effective date The amendments made by this section shall apply to costs paid or incurred after December 31, 2014. 106. Repeal of credit for producing oil and gas from marginal wells (a) In general Section 45I is repealed. (b) Conforming amendment Subsection (b) of section 38 is amended by striking paragraph (19). (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (d) Effective date The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014. 107. Termination of credit for production from advanced nuclear power facilities (a) In general Subparagraph (B) of section 45J(d)(1) is amended by striking January 1, 2021 January 1, 2015 (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 108. Repeal of credit for carbon dioxide sequestration (a) In general Section 45Q is repealed. (b) Effective date The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014. 109. Termination of energy credit (a) In general Section 48 is amended by adding at the end the following new subsection: (e) Termination No credit shall be allowed under subsection (a) for any period after December 31, 2014. . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 110. Repeal of qualifying advanced coal project (a) In general Section 48A is repealed. (b) Conforming amendment Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 111. Repeal of qualifying gasification project credit (a) In general Section 48B is repealed. (b) Conforming amendment Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 112. Repeal of qualifying advanced energy project credit (a) In general Section 48C is repealed. (b) Conforming amendment Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraph (4) as paragraph (3). (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48C. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. II Reduction of corporate income tax rate 121. Corporate income tax rate reduced (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe, in lieu of the rates of tax under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) of the Internal Revenue Code of 1986, such rates of tax as the Secretary estimates would result in— (1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to (2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act. (b) Maintenance of graduated rates In prescribing the tax rates under subsection (a), the Secretary shall ensure that each rate modified under such subsection is reduced by a uniform percentage. (c) Effective date The rates prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.

Energy Freedom and Economic Prosperity Act of 2014

Sacramento-San Joaquin Delta National Heritage Area Establishment Act - Establishes the Sacramento-San Joaquin Delta National Heritage Area in California. Designates the Delta Protection Commission as the management entity for the Heritage Area. Requires the Commission to submit a proposed management plan for the Heritage Area to the Secretary of the Interior for approval. Bars approval of the management plan until the Secretary has received certification from the Commission that the Delta Stewardship Council has reviewed such plan for consistency with the plan adopted by the Council pursuant to state law.

114 S630 IS: Sacramento-San Joaquin Delta National Heritage Area Establishment Act U.S. Senate 2015-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 630 IN THE SENATE OF THE UNITED STATES March 3, 2015 Mrs. Feinstein Mrs. Boxer Committee on Energy and Natural Resources A BILL To establish the Sacramento-San Joaquin Delta National Heritage Area. 1. Short title This Act may be cited as the Sacramento-San Joaquin Delta National Heritage Area Establishment Act 2. Definitions In this Act: (1) Heritage Area The term Heritage Area (2) Heritage Area management plan The term Heritage Area management plan (3) Local coordinating entity The term local coordinating entity (4) Secretary The term Secretary (5) State The term State 3. Sacramento-San Joaquin Delta Heritage Area (a) Establishment There is established the Sacramento-San Joaquin Delta Heritage Area (b) Boundaries The boundaries of the Heritage Area shall be in the counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo in the State of California, as generally depicted on the map entitled Sacramento-San Joaquin Delta National Heritage Area Proposed Boundary (c) Availability of map The map described in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Delta Protection Commission. (d) Local coordinating entity The local coordinating entity for the Heritage Area shall be the Delta Protection Commission established by section 29735 of the California Public Resources Code. (e) Administration (1) Authorities For purposes of carrying out the Heritage Area management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this Act to— (A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (D) obtain money or services from any source including any that are provided under any other Federal law or program; (E) contract for goods or services; and (F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved Heritage Area management plan. (2) Duties The local coordinating entity shall— (A) in accordance with subsection (f), prepare and submit a Heritage Area management plan to the Secretary; (B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved Heritage Area management plan by— (i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (iii) developing recreational and educational opportunities in the Heritage Area; (iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the Heritage Area management plan; (D) conduct meetings open to the public at least semiannually regarding the development and implementation of the Heritage Area management plan; (E) for any year that Federal funds have been received under this Act— (i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (F) encourage by appropriate means economic viability that is consistent with the Heritage Area. (3) Prohibition on the Acquisition of Real Property The local coordinating entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. (4) Cost-sharing requirement The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be 50 percent. (f) Heritage area management plan (1) In general Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed Heritage Area management plan. (2) Requirements The Heritage Area management plan shall— (A) incorporate an integrated and cooperative approach to agricultural resources and activities, flood protection facilities, and other public infrastructure; (B) emphasizes the importance of the resources described in subparagraph (A); (C) take into consideration State and local plans; (D) include— (i) an inventory of— (I) the resources located in the core area described in subsection (b); and (II) any other property in the core area that— (aa) is related to the themes of the Heritage Area; and (bb) should be preserved, restored, managed, or maintained because of the significance of the property; (ii) comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (iv) a program of implementation for the Heritage Area management plan by the local coordinating entity that includes a description of— (I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (v) the identification of sources of funding for carrying out the Heritage Area management plan; (vi) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (vii) an interpretive plan for the Heritage Area; and (E) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (3) Restrictions The Heritage Area management plan submitted under this subsection shall— (A) ensure participation by appropriate Federal, State, tribal, and local agencies, including the Delta Stewardship Council, special districts, natural and historical resource protection and agricultural organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; and (B) not be approved until the Secretary has received certification from the Delta Protection Commission that the Delta Stewardship Council has reviewed the Heritage Area management plan for consistency with the plan adopted by the Delta Stewardship Council pursuant to State law. (4) Deadline If a proposed Heritage Area management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date that the Secretary receives and approves the Heritage Area management plan. (5) Approval or disapproval of heritage area management plan (A) In general Not later than 180 days after the date of receipt of the Heritage Area management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the Heritage Area management plan. (B) Criteria for approval In determining whether to approve the Heritage Area management plan, the Secretary shall consider whether— (i) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the Heritage Area management plan; and (iii) the resource protection and interpretation strategies contained in the Heritage Area management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (C) Action following disapproval If the Secretary disapproves the Heritage Area management plan under subparagraph (A), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the Heritage Area management plan; and (iii) not later than 180 days after the receipt of any proposed revision of the Heritage Area management plan from the local coordinating entity, approve or disapprove the proposed revision. (D) Amendments (i) In general The Secretary shall approve or disapprove each amendment to the Heritage Area management plan that the Secretary determines make a substantial change to the Heritage Area management plan. (ii) Use of funds The local coordinating entity shall not use Federal funds authorized by this Act to carry out any amendments to the Heritage Area management plan until the Secretary has approved the amendments. (g) Relationship to other Federal agencies (1) In General Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (2) Consultation and Coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (3) Other Federal Agencies Nothing in this Act— (A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (h) Private property and regulatory protections (1) In general Subject to paragraph (2), nothing in this Act— (A) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (B) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (C) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (D) authorizes or implies the reservation or appropriation of water or water rights; (E) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (F) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (2) Opt out An owner of private property within the Heritage Area may opt out of participating in any plan, project, program, or activity carried out within the Heritage Area under this Act, if the property owner provides written notice to the local coordinating entity. (i) Evaluation; report (1) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report in accordance with paragraph (3). (2) Evaluation An evaluation conducted under paragraph (1)(A) shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this Act for the Heritage Area; and (ii) achieving the goals and objectives of the approved Heritage Area management plan; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) Report (A) In general Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) Required analysis If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) Submission to congress On completion of the report, the Secretary shall submit the report to— (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (j) Effect of designation Nothing in this Act— (1) precludes the local coordinating entity from using Federal funds made available under other laws for the purposes for which those funds were authorized; or (2) affects any water rights or contracts. 4. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Cost-Sharing requirement The Federal share of the total cost of any activity under this Act shall be determined by the Secretary, but shall be not more than 50 percent. (c) Non-Federal share The non-Federal share of the total cost of any activity under this Act may be in the form of in-kind contributions of goods or services. 5. Termination of authority (a) In general If a proposed Heritage Area management plan has not been submitted to the Secretary by the date that is 5 years after the date of enactment of this Act, the Heritage Area designation shall be rescinded. (b) Funding authority The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Sacramento-San Joaquin Delta National Heritage Area Establishment Act

Net Price Calculator Improvement Act - Amends the Higher Education Act of 1965 to establish the minimum requirements for the net price calculator that each institution of higher education (IHE) receiving federal funds under title IV (Student Assistance) of the Act must include on its website. (An IHE's "net price" is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the school after deducting such aid.) Requires the link for the calculator to be clearly labeled and conspicuously posted on an IHE's website. Requires each calculator's results page to include: the individual net price of attending the IHE (the individual net price is calculated like the net price but takes into account the cost of attendance for, and aid available to, the individual student to the extent practicable); the cost of attending the IHE; the estimated total need- and merit-based grant aid from federal, state, and institutional sources that may be available to the individual student; the percentage of such students enrolled at the school who receive any of that grant aid; and a notice that an estimate of an individual's net price is non-binding and subject to change. Requires calculators that estimate a user's eligibility for veterans' education benefits or educational benefits for active duty service members to clearly distinguish those benefits from other grant-aid. Requires calculators that do not make such estimates to provide users with notice of, and a link to information concerning, those benefits. Directs IHEs to populate their calculators with data from not earlier than two academic years prior to the most recent academic year. Requires the calculators to: (1) clearly indicate which questions need to be completed for a net price estimate, (2) clearly mark requests for contact information as optional, (3) prohibit personally identifiable information from being sold or made available to third parties, and (4) clearly state that any information a user provides is confidential and that the calculator does not store responses or require personal identifying information. Authorizes the Secretary of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for any IHE that is required to have a net price calculator.

113 S2281 IS: Net Price Calculator Improvement Act U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2281 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mr. Franken Mr. Grassley Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to make technical improvements to the Net Price Calculator system so that prospective students may have a more accurate understanding of the true cost of college. 1. Short title This Act may be cited as the Net Price Calculator Improvement Act 2. Minimum Standards for Net Price Calculators Section 132(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h) (1) by redesignating paragraph (4) as paragraph (6); (2) in paragraph (2), by inserting before the period , and, not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, shall meet the requirements of paragraph (4)(B) (3) in paragraph (3), by inserting after the first sentence the following: Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, such calculator shall meet the requirements of paragraph (4). (4) by inserting after paragraph (3) the following: (4) Minimum requirements for net price calculators Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, a net price calculator for an institution of higher education shall, at a minimum, meet the following requirements: (A) The link for the calculator— (i) is clearly labeled as a net price calculator (ii) matches in size and font to the other prominent links on the primary menu; and (iii) may also be included on the institution’s compliance web page, which contains information relating to compliance with Federal, State, and local laws. (B) The results screen for the calculator specifies the following information: (i) The individual net price (as calculated under paragraph (2)) for the individual student, which is the most visually prominent figure on the results screen. (ii) Cost of attendance, including— (I) tuition and fees; (II) average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution; (III) average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution; and (IV) estimated cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution. (iii) Estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to the individual student, showing the subtotal for each category and the total of all sources of grant aid. (iv) Percentage of the first-time, full-time undergraduate students enrolled in the institution that received any type of grant aid described in clause (iii). (v) The disclaimer described in paragraph (6). (vi) In the case of a calculator that— (I) includes questions to estimate a student’s (or prospective student’s) eligibility for veterans’ education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or (II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates that certain students (or prospective students) may qualify for such benefits and includes a link to information about such benefits. (C) The institution populates the calculator with data from not earlier than 2 academic years prior to the most recent academic year. (5) Prohibition on use of data collected by the net price calculator A net price calculator for an institution of higher education shall— (A) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator; (B) in the case of a calculator that requests contact information from users, clearly mark such requests as optional (C) prohibit any personally identifiable information provided by users from being sold or made available to third parties; and (D) clearly state Any information that you provide on this site is confidential. The Net Price Calculator does not store your responses or require personal identifying information of any kind. . 3. Universal Net Price Calculator Section 132(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h) (7) Universal net price calculator (A) In general The Secretary may develop a universal net price calculator that— (i) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection; (ii) provides the information required under subparagraphs (B) and (C) of paragraph (4) for each institution for which a net price is being sought; (iii) is developed in consultation with the heads of relevant Federal agencies; and (iv) before being finalized and publicly released, is tested in accordance with subparagraph (B). (B) Consumer testing (i) In general If the Secretary develops a universal net price calculator under subparagraph (A), the Secretary, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the universal net price calculator developed under this paragraph for consumer testing among representatives of students (including low-income students, first generation college students, adult students, and prospective students), students' families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. (ii) Length of consumer testing The Secretary shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under clause (i). (iii) Use of results The results of consumer testing under clause (i) shall be used in the final development of the universal net price calculator. (iv) Reporting requirement Not later than 3 months after the date the consumer testing under clause (i) concludes, the Secretary shall submit to Congress the final universal net price calculator and a report detailing the results of such testing, including whether the Secretary added any additional items to the calculator as a result of such testing. (v) Authority to modify The Secretary may modify the definitions, terms, formatting, and design of the universal net price calculator based on the results of consumer testing required under this paragraph and before finalizing the calculator. (8) Report from Secretary Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act .

Net Price Calculator Improvement Act

No Bonuses for Tax Delinquent IRS Employees Act of 2014 - Prohibits the payment of any performance award (including, but not limited to, bonuses, step increases, and time off) to an employee of the Internal Revenue Service (IRS) who owes an outstanding federal tax debt.

113 S2282 IS: No Bonuses for Tax-Delinquent IRS Employees Act of 2014 U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2282 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mr. Roberts Mr. Enzi Mr. Cornyn Mr. Toomey Mr. Johanns Mr. Thune Mr. Rubio Mr. McConnell Mr. Isakson Committee on Finance A BILL To prohibit the provision of performance awards to employees of the Internal Revenue Service who owe back taxes. 1. Short title This Act may be cited as the No Bonuses for Tax-Delinquent IRS Employees Act of 2014 2. Prohibition on performance awards to IRS employees who owe back taxes (a) In general The Commissioner of the Internal Revenue Service shall not provide any performance award (including, but not limited to, bonuses, step increases, and time off) to an employee of the Internal Revenue Service who owes an outstanding Federal tax debt. (b) Outstanding Federal tax debt For purposes of this section, the term outstanding Federal tax debt

No Bonuses for Tax-Delinquent IRS Employees Act of 2014

NATO Alliance Recognition and Promotion Act - Expresses the sense of Congress: (1) reaffirming the commitment of the United States to collective defense under the North Atlantic Treaty Organization (NATO) Treaty; (2) that NATO members should ensure sufficient funding related to individual and collective capacity; and (3) that the United States, together with NATO allies, should pursue enlargement initiatives for aspirant countries.

113 S2283 IS: NATO Alliance Recognition and Promotion Act U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2283 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mr. Johnson of Wisconsin Mr. Murphy Committee on Foreign Relations A BILL To encourage enhanced security cooperation with European allies and continued enlargement of the North Atlantic Treaty Organization. 1. Short title This Act may be cited as the NATO Alliance Recognition and Promotion Act 2. Findings Congress makes the following findings: (1) On March 12, 2014, the North Atlantic Treaty Organization (NATO) marked the 15th anniversary of enlargement through the accession of 3 Central European countries: the Czech Republic, Poland, and Hungary. (2) On March 29, 2014, NATO marked the 10th anniversary of enlargement through the accession of 7 Central European countries: Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia. (3) On April 1, 2014, NATO marked the 5th anniversary of enlargement through the accession of Albania and Croatia. (4) The incorporation of these European countries into NATO has contributed toward a vision of Europe that is aimed at promoting stability and cooperation and building a Europe whole and free, united in peace, democracy, and common values. (5) Since joining the Alliance, these 12 member states have contributed to numerous NATO-led peace and security and stability operations, including the International Security Assistance Force (ISAF) mission in Afghanistan. 3. Statement of Congress Congress declares that— (1) NATO has been the cornerstone of transatlantic security cooperation and an enduring instrument for promoting peace and stability in Europe and around the world for over 65 years; (2) the incorporation of the Czech Republic, Poland, Hungary, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, Slovenia, Albania, and Croatia has been essential to the success of NATO in this modern era and has strengthened the list of key European allies of the United States; (3) since joining NATO, these member states have remained committed to the collective defense of the Alliance and have demonstrated their will and ability to contribute to transatlantic solidarity and assume increasingly more responsibility for efforts to promote international peace and security; (4) these NATO member states have become reliable partners and supporters of aspiring members, and the United States recognizes their continued efforts to aid in further NATO enlargement initiatives; (5) recent regional aggression has highlighted the importance of a strong, inclusive NATO alliance, with robust defense capabilities; (6) the commitment by these NATO members to Alliance principles and active participation in Alliance initiatives demonstrates the success of NATO’s Open-Door Policy; (7) the United States, as a means of continuous and effective self-help and mutual aid, will continue to work with allies to maintain and improve our individual and collective Allied capacity; and (8) the United States will remain committed to enhancing security cooperation with European allies and maintaining a military presence in Europe as a means of promoting Allied interoperability and capabilities and providing visible assurance to NATO allies in the region. 4. Sense of Congress It is the sense of Congress— (1) to reaffirm the commitment of the United States to collective defense under Article 5 of the NATO Treaty; (2) that NATO members should review defense spending to ensure sufficient funding related to individual and collective capacity; and (3) that the United States, together with NATO allies, should continue to pursue enlargement initiatives for aspirant countries.

NATO Alliance Recognition and Promotion Act

Pedestrian Safety Act of 2014 - Directs the Secretary of Transportation (DOT), through the National Highway Traffic Safety Administration (NHTSA), to issue a final rule that: (1) establishes standards for the hood and bumper areas of motor vehicles, including passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, in order to reduce the number of injuries and fatalities suffered by pedestrians who are struck by such vehicles; and (2) considers the protection of vulnerable pedestrian populations, including children and older adults. Allows a federal share of up to 100% for any projects for pedestrian hybrid beacons and roadway improvements that provide separation between pedestrians and motor vehicles, including pedestrian sidewalks and crossing islands. Declares that highway safety improvement projects include one or more projects for safety public awareness campaigns.

113 S2284 IS: Pedestrian Safety Act of 2014 U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2284 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mrs. Gillibrand Mr. Blumenthal Mr. Schatz Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to establish new standards for automobile hoods and bumpers to reduce pedestrian injuries, and for other purposes. 1. Short title This Act may be cited as the Pedestrian Safety Act of 2014 2. Motor vehicle pedestrian protection (a) Rulemaking Not later than 2 years after the date of the enactment of this Act, the Secretary of Transportation, through the Administrator of the National Highway Traffic Safety Administration, shall issue a final rule that— (1) establishes standards for the hood and bumper areas of motor vehicles, including passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, in order to reduce the number of injuries and fatalities suffered by pedestrians who are struck by such vehicles; and (2) considers protection of vulnerable pedestrian populations, including children and older adults. 3. Pedestrian safety roadway improvements Section 120(c)(1) (1) by inserting including pedestrian hybrid beacons, traffic control signalization, (2) by inserting roadway improvements that provide separation between pedestrians and motor vehicles, including pedestrian sidewalks and crossing islands, safety rest areas, 4. Inclusion of safety advertising campaigns in highway safety improvement projects Section 148(a)(4)(B) (xxv) Safety public awareness campaigns. .

Pedestrian Safety Act of 2014

Small Business Access to Capital Act of 2014 - Amends the Small Business Jobs Act of 2010 to extend for an additional eight fiscal years the State Small Business Credit Initiative to assist participating states to give collateral support and other innovative credit access and guarantee initiatives for small businesses and manufacturers. Prescribes allocations of federal funds to participating states. Authorizes the Secretary of the Treasury to award, on a competitive basis, up to a total of $1 billion in two tranches, according to specified criteria, to participating states and consortiums of participating states for use: (1) for making federal contributions to, or for the account of, an approved state program; and (2) as collateral for a qualifying loan or swap funding facility.

113 S2285 IS: Small Business Access to Capital Act of 2014 U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2285 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mrs. Shaheen Ms. Stabenow Mr. Levin Mr. Begich Ms. Landrieu Committee on Banking, Housing, and Urban Affairs A BILL To help small businesses access capital and create jobs by reauthorizing the successful State Small Business Credit Initiative. 1. Short title This Act may be cited as the Small Business Access to Capital Act of 2014 2. New Tranches of capital for successful State programs Section 3003 of the Small Business Jobs Act of 2010 ( 12 U.S.C. 5702 (d) Additional allocation and competitive awards (1) Definitions In this subsection— (A) the term eligible participating State 1/3 (B) the term unused funds (i) amounts made available to the Secretary under clause (i)(II) or (ii)(II) of paragraph (2)(E); and (ii) amounts made available to the Secretary under paragraph (4)(B)(ii). (2) Allocation for 2010 participating States (A) Allocation Of the amount made available under paragraph (6)(D), the Secretary shall allocate a total of $500,000,000 among eligible participating States in the same ratio as funds were allocated under the 2010 allocation under subsection (b)(1) among participating States. (B) Application An eligible participating State desiring to receive funds allocated under this paragraph shall submit an application— (i) not later than the later of— (I) June 30, 2015; or (II) the date that is 6 months after the date of enactment of the Small Business Access to Capital Act of 2014 (ii) in such manner and containing such information as the Secretary may require. (C) Availability of allocated amount Notwithstanding subsection (c)(1), after an eligible participating State approved by the Secretary to receive an allocation under this paragraph has certified to the Secretary that the eligible participating State has expended, transferred, or obligated not less than 80 percent of the last 1/3 (D) Use of transferred funds An eligible participating State may use funds transferred under this paragraph for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). (E) Termination of availability of amounts (i) In general If an eligible participating State has not certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the last 1/3 (I) may not be transferred to the eligible participating State under this paragraph; and (II) shall be available to the Secretary to make awards under paragraph (4). (ii) Other amounts Effective on the date that is 2 years after the date of enactment of the Small Business Access to Capital Act of 2014 (I) may not be transferred to an eligible participating State under this paragraph; and (II) shall be available to the Secretary to make awards under paragraph (4). (3) Competitive funding (A) In general Of the amount made available under paragraph (6)(D), the Secretary may award, on a competitive basis, not more than a total of $1,000,000,000 to participating States and consortiums of participating States for use for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). (B) Application (i) In general A participating State or consortium of participating States desiring to receive an award under this paragraph shall submit an application— (I) not later than the date established by the Secretary, which shall be not later than the date that is 1 year after the date of enactment of the Small Business Access to Capital Act of 2014 (II) in such manner and containing such information as the Secretary may require. (ii) Number of applications A participating State may submit not more than 1 application on behalf of the participating State and not more than 1 application as part of a consortium of participating States. (iii) States that did not participate A State that is not a participating State may apply to the Secretary for approval to be a participating State for purposes of this paragraph and paragraph (4), in accordance with section 3004. (C) Factors In determining whether to make an award to a participating State or consortium of participating States under this paragraph, the Secretary shall consider— (i) how the participating State or consortium of participating States plan to use amounts provided under the award under the approved State program to— (I) leverage private sector capital; (II) create and retain jobs during the 2-year period beginning on the date of the award; (III) serve businesses that have been incorporated or in operation for not more than 5 years; and (IV) serve low-or-moderate-income communities; (ii) the extent to which the participating State or consortium of participating States will establish or continue a robust self-evaluation of the activities of the participating State or consortium of participating States using amounts made available under this title; (iii) the extent to which the participating State or consortium of participating States will provide non-Federal funds in excess of the amount required under subparagraph (E); and (iv) the extent to which the participating State expended, obligated, or transferred the 2010 allocation to the State. (D) Award of funds (i) First tranche Notwithstanding subsection (c)(1), and not later than 30 days after making an award under this paragraph to a participating State or consortium of participating States, the Secretary shall transfer 50 percent of the amount of the award to the participating State or consortium of participating States. (ii) Second tranche After a participating State or consortium of participating States has certified to the Secretary that the participating State or consortium of participating States has expended, transferred, or obligated not less than 80 percent of the amount transferred under clause (i), the Secretary shall transfer to the participating State or consortium of participating States the remaining amount of the award. (E) State share The State share of the cost of the activities, excluding administrative expenses, carried out using an award under this paragraph shall be not less than 10 percent. The Secretary may determine what contributions by a State qualify as part of the State share of the cost for purposes of this subparagraph. (4) Award of unused funds (A) In general The Secretary may award, on a competitive basis, unused funds to participating States for use for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). (B) Unused 2010 funds (i) In general The Secretary shall determine whether any amounts allocated to a participating State under subsection (b) shall be deemed no longer allocated and no longer available if a participating State has not certified to the Secretary that the State has expended, transferred, or obligated 80 percent of the second 1/3 (ii) Availability Effective on the date of the determination under clause (i), any amounts identified in the determination that were deemed no longer allocated and no longer available to the participating State shall be available to the Secretary to make awards under this paragraph. (C) Application A participating State desiring to receive an award under this paragraph shall submit an application— (i) not later than 3 months after the date on which funds are deemed no longer allocated and no longer available to any participating State; and (ii) in such manner and containing such information as the Secretary may require. (D) Factors In determining whether to make an award to a participating State under this paragraph, the Secretary shall consider the factors described in paragraph (3)(C). (E) Minimum amount The Secretary may not make an award of less than $5,000,000 under this paragraph. (5) Extension of compliance and reporting Notwithstanding section 3007(d), a participating State that receives funds under paragraph (2), (3), or (4) shall submit quarterly and annual reports containing the information described in section 3007 until the end of the 8-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014 (6) Administration and implementation (A) Administrative expenses for participating States A participating State may use not more than 3 percent of the amount made available to the participating State under paragraph (2), (3), or (4) for administrative expenses incurred by the participating State in implementing an approved State program. (B) Contracting During the 1-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014 (C) Amounts not assistance Any amounts transferred to a participating State under paragraph (2), (3), or (4) shall not be considered assistance for purposes of subtitle V of title 31, United States Code. (D) Appropriation There are appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $1,500,000,000 to carry out this subsection, including to pay reasonable costs of administering the programs under this subsection, to remain available until expended. (E) Termination of secretary’s program administration functions The authorities and duties of the Secretary to implement and administer the program under this subsection shall terminate at the end of the 8-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014 .

Small Business Access to Capital Act of 2014

Cutting Contractor Use and Taxpayer Savings Act of 2014 - Directs the Inspector General of the Department of Defense (DOD) to submit to the congressional defense committees, and make publicly available, an annual comprehensive analysis of the global inventory of DOD service contractors. Requires the Defense Contract Audit Agency, in conducting audits of defense contracts, to distinguish service contracts in its analysis, including by distinguishing the percentage of payment awarded for service elements on contracts containing both manufacturing and service elements. Directs the Agency to submit to the congressional defense committees, and make publicly available, an annual report on its findings. Directs the Under Secretary of Defense for Acquisition, Technology and Logistics to submit a plan to the congressional defense committees to improve the acquisition of services by DOD. Requires the Director of National Intelligence to submit to the congressional defense and intelligence committees an annual inventory of the service contractors used by each element of the intelligence community. Prohibits civilian or defense contracts from allowing compensation of contractor and subcontractor employees for a fiscal year to exceed the annual salary of the President (currently, $400,000). Allows an exception to such limitation for scientists, engineers, or other specialists who are needed to ensure that an executive agency has continued access to needed skills and capabilities. Requires the Director of the Office of Management and Budget (OMB) to submit an annual report to specified congressional committees on contractor compensation, including the number of contractor employees who were exempt in the preceding fiscal year from this Act's compensation limits. Prohibits the aggregate amount obligated and expended by DOD for service contracts in each fiscal year through FY2024 from exceeding the lesser of: (1) 67% of the aggregate amount expended for service contracts in FY2014, or (2) 67% of the amount appropriated for DOD for the current fiscal year that is available for service contracts. Makes the latter limitation inapplicable if the Secretary certifies to Congress in writing that DOD will not exceed the prior limitation. Prohibits the aggregate amount obligated and expended by DOD for service contracts in each fiscal year after FY2023 from exceeding the amount obligated or expended by DOD on service contracts in FY2002 (adjusted for inflation).

113 S2286 IS: Cutting Contractor Use and Taxpayer Savings Act of 2014 U.S. Senate 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2286 IN THE SENATE OF THE UNITED STATES May 1, 2014 Mr. Walsh Committee on Armed Services A BILL To provide for greater oversight of Department of Defense service contracts. 1. Short title This Act may be cited as the Cutting Contractor Use and Taxpayer Savings Act of 2014 2. Findings Congress makes the following findings: (1) Since 2002, the Department of Defense has spent more than $2,000,000,000,000 on service contractors. (2) The decade-long trend of outsourcing work has created a shadow government of service contractors that are largely dependent on the taxpayers as their sole source of revenue. (3) Studies show that service contractors can cost taxpayers up to twice what it costs for members of the Armed Forces to perform the work. (4) In 2013, the Department of Defense spent nearly $180,000,000,000 on service contractors, making it the largest buyer of services in the Federal Government. (5) Approximately 30 percent of the intelligence community workforce is made up of service contractors, employees that work for companies whose primary goal is to make a profit and have never sworn an oath to defend and protect the United States. (6) Since 2002, Congress has repeatedly enacted legislation to improve the Department of Defense's management of service contractors. However, in 2013 the Government Accountability Office (GAO) found that, while the Department has taken action to address such legislative requirements, there are no metrics in place to determine the effects of those actions. 3. Inspector General analysis of service contractor inventory (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Defense shall submit to the congressional defense committees a comprehensive analysis of the global inventory Department of Defense service contractors. (b) Elements The analysis required under subsection (a) shall include the following elements: (1) A comprehensive inventory of Department of Defense service contractors. (2) An analysis of the types of service contracts that were significantly expanded after fiscal year 2002. (3) Identification of redundancies in the inventory. (c) Public availability The analysis required under subsection (a) shall be made publically available. 4. Defense Contract Audit Agency reporting on service contracts (a) Audits The Defense Contract Audit Agency, in conducting audits of defense contracts, shall distinguish service contracts in its analysis, including by distinguishing the percentage of payment awarded for service elements on contracts containing both manufacturing and service elements. (b) Reporting Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Defense Contract Audit Agency shall submit to the congressional defense committees a report containing its findings pursuant to subsection (a). The report shall be made publically available. 5. Service acquisition improvement plan (a) Plan required Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology and Logistics shall, in consultation with the senior services managers of the military departments, submit to the congressional defense committees a plan to improve the acquisition of services by the Department of Defense. (b) Elements The plan required under subsection (a) shall include the following elements: (1) Baseline data on the status of service acquisition, including budget and spending data on services by volume, type, and location. (2) Specific goals for improving service acquisition. (3) Metrics to assess progress in meeting the goals outlined under paragraph (2). 6. Reporting on use of service contracts by intelligence community (a) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the congressional defense committees and the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report with an inventory of service contractors used by each element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (b) Form The report required under subsection (a) may be submitted in classified form, but shall contain an unclassified summary including the total amount expended by each element of the intelligence community on service contracts. 7. Limitation on allowable government contractor compensation costs (a) Limitation (1) Civilian contracts Paragraph (16) of section 4304(a) (16) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual salary of the President as determined under section 102 of title 3, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. . (2) Defense contracts Subparagraph (P) of section 2324(e)(1) (P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual salary of the President as determined under section 102 of title 3, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. . (b) Conforming amendments (1) Repeal Section 1127 (2) Clerical amendment The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1127. (c) Applicability This section and the amendments made by this section shall apply only with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act. (d) Reports (1) In general Not later than 60 days after the end of each fiscal year, the Director of the Office of Management and Budget shall submit a report on contractor compensation to— (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Oversight and Government Reform of the House of Representatives; (E) the Committee on Appropriations of the Senate; and (F) the Committee on Appropriations of the House of Representatives. (2) Elements The report required under paragraph (1) shall include— (A) the total number of contractor employees, by executive agency, in the narrowly targeted exception positions described in section 4304(a)(16) section 2324(e)(1)(P) (B) the taxpayer-funded compensation amounts received by each contractor employee in a narrowly targeted exception position during such fiscal year; and (C) the duties and services performed by contractor employees in the narrowly targeted exception positions during such fiscal year. 8. Reduction in service contract spending (a) Three-Year requirement (1) Limitation The aggregate amount obligated and expended by the Department of Defense for service contracts in fiscal years beginning after September 30, 2017, may not exceed the lesser of— (A) the amount equal to 67 percent of the aggregate amount expended for service contracts in fiscal year 2014; or (B) the amount equal to 67 percent of the amount appropriated for the Department of Defense for the current fiscal year and available for service contracts. (2) Inapplicability of limitation The limitation in paragraph (1)(B) shall not apply if the Secretary of Defense certifies to Congress in writing that the aggregate amount to be obligated and expended by the Department of Defense in such fiscal year for service contracts will not exceed the amount specified in paragraph (1)(A). (b) Ten-Year requirement The amount obligated and expended by the Department of Defense on service contracts in fiscal years beginning after September 30, 2024, may not exceed the amount obligated or expended by the Department of Defense on service contracts in fiscal year 2002 (adjusted for inflation). 9. Congressional defense committees defined In this Act, the term congressional defense committees section 101(a)(16)

Cutting Contractor Use and Taxpayer Savings Act of 2014

Carbon Capture and Sequestration Deployment Act of 2014 - Directs the Department of Energy (DOE) to establish a cooperative industry-government research and development program to demonstrate innovative technologies to capture, prevent, or store carbon dioxide (CO2) emissions from carbon-based fuels or to enable the beneficial use of CO2. Requires DOE to conduct an annual assessment of existing programs supporting carbon capture and sequestration (CCS) technology until that technology is available in commerce. (CCS is a three-step process: the capture, transport, and underground injection and geologic sequestration of CO2.) Amends the Internal Revenue Code, with respect to the tax credit for CO2 sequestration, to: (1) impose limitations on the allocation of credit amounts for carbon capture projects, including a 10-year limitation on CO2 capture at a qualified facility (defined as an industrial facility which captures not less than 500,000 metric tons of CO2 in a taxable year); (2) require the Secretary of the Treasury to establish procedures for allocating the national limitation on such credit to projects for placing carbon capture equipment (i.e., equipment to capture and pressurize qualified CO2) in service at qualified facilities and for certifying projects for which an allocation has been made; and (3) identify as eligible for such credit the taxpayer who captures and disposes of the qualified CO2. Amends the Energy Policy Act of 2005 to authorize DOE to make loan guarantees to: (1) construct or retrofit coal- or petroleum coke-fired industrial facilities or electric generation facilities to utilize CCS technology, and (2) construct pipelines for the transport of CO2 to sequestration sites or to sites where the C02 will be used for hydrocarbon recovery. Expands the qualifying advanced coal project investment tax credit to include an additional amount for the costs of constructing and retrofitting such facilities.

113 S2287 IS: Carbon Capture and Sequestration Deployment Act of 2014 U.S. Senate 2014-05-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2287 IN THE SENATE OF THE UNITED STATES May 5, 2014 Mr. Rockefeller Mr. Walsh Committee on Finance A BILL To facilitate the development and commercial deployment of carbon capture and sequestration technologies, and for other purposes. 1. Short title This Act may be cited as the Carbon Capture and Sequestration Deployment Act of 2014 I Carbon Capture and Sequestration Innovation Program 101. Partnerships for carbon capture and sequestration (a) Establishment of program (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Energy (referred to in this Act as the Secretary (A) to capture or prevent carbon dioxide emissions from carbon-based fuels; (B) to enable the beneficial use of carbon dioxide; or (C) to enable the long-term storage of carbon dioxide. (2) Participation of national laboratories and universities The program— (A) shall include the participation of the National Energy Technology Laboratory; and (B) may include the participation of other National Laboratories, institutions of higher education, and other appropriate entities. (b) Cost sharing For purposes of developing and demonstrating the technologies or approaches referred to in subsection (a)(1)— (1) the Secretary shall provide at least 80 percent of the cost of the development projects; and (2) the industry participant shall provide not more than 20 percent of the cost of the development projects. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section— (1) $110,000,000 for each of fiscal years 2015 through 2019; (2) $60,000,000 for each of fiscal years 2020 through 2024; and (3) $30,000,000 for each of fiscal years 2025 through 2029. 102. Annual Department of Energy assessment (a) In general (1) Department of Energy report Not later than 1 year after the date of enactment of this Act and annually thereafter until the Secretary determines that technology preventing the emission of, capturing, transporting, permanently storing or sequestering, or putting to beneficial use carbon dioxide is available to the commercial marketplace, the Secretary shall— (A) conduct an assessment in accordance with subsection (b) of the existing Federal programs supporting the technology; and (B) submit to the appropriate authorizing and appropriating committees of Congress a report on the results of the assessment. (2) Government Accountability Office review Not later than 1 year after the first report is provided to the appropriate authorizing and appropriating committees of Congress under paragraph (1)(B) and subsequently as needed until technology preventing the emission of, capturing, transporting, permanently storing or sequestering, and putting to beneficial use carbon dioxide is available to the commercial marketplace, the Comptroller General of the United States shall conduct a review of the report described in paragraph (1)(C) in accordance with subsection (c). (b) Department of Energy report requirements The Secretary shall include in the report required under subsection (a)(1)(B)— (1) a detailed description of the existing programs, including each major program area, that conduct or support research, development, demonstration, and deployment of technology— (A) to prevent the emission of carbon dioxide or to capture carbon dioxide from sources, including fossil fuel-based power plants; (B) to transport carbon dioxide; (C) to store or sequester captured carbon dioxide permanently; or (D) to put captured carbon dioxide to beneficial use; (2) an assessment, based on Federal Government laboratory research experience, available industry research experience, and such other data and information as the Secretary considers useful and appropriate, to determine whether each major program area and principal projects within the areas described in paragraph (1) are designed to, and will advance fundamental knowledge or achieve significant technical advancement and materially improve the technology base to effectively address the prevention of carbon dioxide emissions or capture of carbon dioxide or the transport, permanent storage, or beneficial use of captured carbon dioxide; and (3) an assessment of the estimated timeframe and costs of the Secretary necessary to reasonably conclude that technology will be available to the commercial marketplace. (c) Government Accountability Office review requirements The Comptroller General of the United States shall include in the review required under subsection (a)(2)— (1) an analysis of the estimated timeframes and costs of the Secretary, as reported pursuant to subsection (b)(3); (2) any recommendations that the Comptroller General of the United States considers appropriate and useful to improve the likelihood of achieving technological advancements to mitigate carbon dioxide emissions or to expedite the availability of carbon capture and sequestration technology for the commercial marketplace; (3) an assessment of any legal or regulatory impediment by any Federal agency or department that has arisen in relation to the deployment of carbon capture and storage technology, including any delays in the permitting of the technology or the construction or operation of any facility; and (4) any other analyses the Comptroller General of the United States considers necessary or appropriate. (d) Budget request report In the budget requests for each of fiscal years 2016 through 2030, the President shall include in the budget request of the Secretary for the Fossil Energy Program a report that assesses— (1) the progress of the Secretary in implementing the recommendations of the Comptroller General of the United States and compares the estimated costs of completing implementation of those recommendations to the requested budget levels; and (2) the progress made for the preceding fiscal year toward achieving the goals of the program for which funding is requested. II Carbon dioxide sequestration credit 201. Modifications to carbon dioxide sequestration credit (a) Allocation and certification of credit (1) In general Subsection (e) of section 45Q (e) Limitation (1) Allocation limitation No credit shall be allowed under subsection (a) with respect to qualified carbon dioxide captured by carbon capture equipment at a qualified facility for the amount of qualified carbon dioxide captured by such carbon capture equipment in excess of— (A) the portion of the national limitation allocated with respect to such carbon capture equipment under subsection (f), over (B) the amount of qualified carbon dioxide captured by such carbon capture equipment during periods before August 1, 2015, for which a credit under subsection (a) was allowed. (2) National limitation For purposes of paragraph (1)(A), the national limitation is the excess of— (A) 75,000,000 metric tons of qualified carbon dioxide, over (B) the number of metric tons of qualified carbon dioxide captured before August 1, 2015, for which a credit under subsection (a) was allowed. . (2) Allocation and certification Section 45Q of such Code is amended by adding at the end the following new subsection: (f) Allocation for and certification of carbon capture projects (1) Establishment of procedures Not later than July 1, 2015, the Secretary shall establish, by regulation, processes and procedures— (A) for allocating the national limitation under subsection (e)(2) to projects for placing carbon capture equipment in service at qualified facilities, and (B) for certifying projects for which an allocation has been made under subparagraph (A). (2) Allocations (A) Application Each applicant for an allocation under this subsection shall submit an application to the Secretary under such terms and conditions as are established by the Secretary in regulations. (B) Priority The Secretary shall rank applications received under subparagraph (A) in the following order: (i) Applicants with applications received by the Secretary on an earlier date shall be given higher priority than applicants with applications received on a later date. For purposes of this clause, any application received before the date that is 30 days after the procedures and processes described in paragraph (1) are established shall be considered to have been received on such date. (ii) In the case of applications received on the same date, those applicants concurrently applying for certification shall be given higher priority. (iii) In the case of applications received on the same date and concurrently applying for certification, those projects with the earlier date by which construction commenced shall be given higher priority. (C) Allocation to applicants Subject to subparagraph (D), the Secretary shall allocate tonnage to each applicant— (i) based on the amount requested on the application, and (ii) in order of the rank of the application under subparagraph (B), until the amount of tonnage available under this section is exhausted. Projects for which no or a partial allocation is made shall retain their ranking and shall be eligible to receive an allocation of tonnage previously allocated that is forfeited or recaptured. (D) Limitation The Secretary may not allocate to any project more than the lesser of— (i) the number of metric tons of qualified carbon dioxide projected to be captured at the qualified facility under the project during the 10-year period beginning on the date on which such project is placed in service, (ii) the number of metric tons of qualified carbon dioxide projected to be captured at the qualified facility under the project— (I) which are subject to a written, binding contract for disposal in secure geological storage (whether or not used as a tertiary injectant), or (II) for which there is a plan for such disposal by the applicant, or (iii) 15,000,000 metric tons of qualified carbon dioxide. (E) Reduction for prior credits The amount of any allocation under subparagraph (C) to any project shall be reduced by the number of metric tons of carbon dioxide captured by the carbon capture equipment with respect to such project before August 1, 2015, for which a credit was allowed under subsection (a). (3) Certification (A) In general No credit shall be allowed under subsection (a) with respect to any project for using carbon capture equipment to capture qualified carbon dioxide at a qualified facility before the date on which such project is certified under this paragraph. (B) Application for certification Each project which is allocated a portion of the national limitation shall submit an application for certification to the Secretary containing such information as the Secretary may require. Such application shall be submitted— (i) not later than— (I) 6 months after the date on which such project receives an allocation, and (II) 30 days after the later of the date on which the regulations, processes, and procedures are established under paragraph (1) or the construction start date, and (ii) not earlier than the construction start date. For purposes of this subparagraph, the term construction start date (C) Revocation of certification (i) Materially inaccurate representations The Secretary may revoke a certification under this paragraph if the Secretary determines that an applicant has made a materially inaccurate representation with respect to the project. (ii) Failure to timely place equipment in service A certification under this paragraph shall be revoked in any case in which carbon capture equipment with respect to the project is not placed in service— (I) before the date which is 5 years after the date on which the allocation was issued, in the case of a new industrial facility, or (II) before the date which is 3 years after the date on which the allocation was issued, in the case of a modification of an existing industrial facility. (D) Reallocation In any case— (i) in which a certification is revoked under subparagraph (C), or (ii) in which a taxpayer to whom an allocation is made under paragraph (2) fails to obtain certification for a project under this paragraph, the amount of national limitation which was allocated to such project under paragraph (2) shall be reallocated under such rules as established by the Secretary under regulations. (4) Public disclosure (A) In general The Secretary shall, within 30 days of making any allocation, certification, revocation, or change in the ranking of projects, publicly disclose the amount of such allocation, a description of the project for which such allocation, certification, or revocation was made, and the change in the ranking of projects, as the case may be. (B) Annual report The Secretary shall issue an annual report summarizing credits allocated and available for allocation. . (3) Conforming amendments (A) Paragraph (2) of section 45Q(c) of such Code is amended by inserting which is part of a project which is certified under subsection (f)(3) carbon capture equipment (B) Paragraph (3) of section 45Q(c) of such Code is amended by striking which at which such carbon capture equipment (b) 10-Year credit limitation Section 45Q(a) (1) in paragraph (1)(A), by inserting during the 10-year period beginning on the later of the date on which the carbon capture equipment described in subsection (c)(1) is placed in service or the date on which the project with respect to such carbon capture equipment was certified under subsection (f)(3) qualified facility (2) in paragraph (2)(A), by inserting during the 10-year period beginning on the later of the date on which the carbon capture equipment described in subsection (c)(1) is placed in service or the date on which the project with respect to such carbon capture equipment was certified under subsection (f)(3) qualified facility (c) Definition of carbon capture equipment Section 45Q(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Carbon capture equipment The term carbon capture equipment . (d) Credit allowed to taxpayer performing carbon capture (1) In general Paragraph (5) of section 45Q(d) of the Internal Revenue Code of 1986 is amended to read as follows: (5) Person to whom credit is allowable (A) In general Except as provided in subparagraph (B) or in regulations prescribed by the Secretary, any credit under this section shall be allowed to the taxpayer who— (i) captures the qualified carbon dioxide, and (ii) through contract or otherwise, disposes of the qualified carbon dioxide in a manner meeting the requirements of paragraph (1)(B) or (2)(C) of subsection (a), as the case may be. (B) Election to allow credit to person disposing carbon dioxide If the person described in subparagraph (A) makes an election under this subparagraph in such manner as the Secretary may prescribe by regulations, the credit under this section— (i) shall be allowable to the person that disposes of qualified carbon dioxide in a manner meeting the requirements of paragraph (1)(B) or (2)(C) of subsection (a), as the case may be, and (ii) shall not be allowable to the person described in subparagraph (A). . (2) Conforming amendments (A) Section 45Q(a) of such Code is amended by striking by the taxpayer (B) Section 45Q(c) of such Code, as amended by subsection (a), is amended by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (e) Rules relating To credit recapture Paragraph (6) of section 45Q(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: Notwithstanding section 7805(b), any regulation issued pursuant to this paragraph shall apply only with respect to qualified carbon dioxide captured or disposed of after the date on which such regulation is filed with the Federal Register. (f) Effective date The amendments made by this section shall apply to carbon dioxide captured after July 31, 2015. III Incentives for carbon capture and sequestration projects 301. Federal financial incentives (a) Eligible projects Section 1703 of the Energy Policy Act of 2005 ( 42 U.S.C. 16513 (1) in subsection (b)(5), by inserting and projects described in subsection (f) (2) by adding at the end the following: (f) Carbon capture and sequestration projects (1) Definitions In this subsection: (A) Commercial scale The term commercial scale (i) to generate and sell electric power directly to consumers or for resale; and (ii) with a carbon dioxide capture system having a useful life of not fewer than 15 years. (B) Eligible unit The term eligible unit section 84E (C) Permanent geologic storage site The term permanent geologic storage site (i) the Secretary determines is capable of storing carbon dioxide; and (ii) is located in saline formations or other deep geologic storage structures. (2) Guarantees authorized Notwithstanding subsection (a)(2), the Secretary may make guarantees in amounts totaling not more than $20,000,000,000 for the following carbon capture and sequestration projects: (A) The construction of new industrial facility units or commercial scale electric generation units that are eligible units utilizing carbon capture and sequestration technology. (B) The retrofit of existing industrial facility units or commercial scale electric generation units that are eligible units providing for carbon capture and sequestration. (C) The construction of carbon dioxide transmission pipelines to transport carbon dioxide from carbon capture and sequestration facilities to— (i) sequestration sites; or (ii) sites where the carbon dioxide will be used for hydrocarbon recovery. (3) Certification of eligible units A unit shall not be eligible to receive a guarantee under paragraph (2) unless the Secretary has certified the unit pursuant to a certification process established by the Secretary by rule. . (b) Additional authorization Section 1704 of the Energy Policy Act of 2005 ( 42 U.S.C. 16514 (c) Additional authorization In addition to other amounts made available under this section, there is authorized to be appropriated such sums as are necessary to cover the credit loan subsidy costs associated with the guarantees described in section 1703(f). . (c) Tax credits (1) In general Subpart E of part IV of subchapter A of chapter 1 48E. Pioneer CCS facilities (a) Additional qualifying advanced coal project credit For purposes of section 46, the qualifying advanced coal project credit for any taxable year shall also include an additional amount equal to the applicable percentage (as determined under subsection (c)) of the incremental cost for carbon capture and sequestration systems for eligible units, determined as follows: (1) For an eligible unit that is a new electric generation unit, the incremental costs shall be the amount by which the costs incurred by the taxpayer for the unit exceed the costs of construction of a comparable supercritical pulverized coal unit without carbon capture and sequestration technology. To establish incremental costs, the taxpayer shall obtain a certified report of a qualified independent engineer estimating the differential construction cost between the eligible unit and a comparably sized supercritical pulverized coal unit without carbon capture and sequestration. The independent engineer shall utilize cost estimates for supercritical pulverized coal units available from Federal agencies, academia and/or the private sector, appropriately adjusted for size, fuel source and location. An engineering design of a hypothetical supercritical pulverized coal unit shall not be required to establish the incremental costs. (2) For an eligible unit that is a new industrial unit, the incremental costs shall be the amount by which the costs incurred by the taxpayer for the unit exceed the costs of construction of a comparable industrial unit without carbon capture and sequestration. (3) For an eligible unit that retrofits a carbon capture, transportation, and sequestration system on an existing generation or industrial unit, the incremental cost shall be the construction costs incurred by the taxpayer for the carbon capture and sequestration system. (4) The Secretary of Energy shall certify the amount of incremental cost for carbon capture and sequestration systems for eligible units in each case, based on appropriate information. (b) Eligible unit For purposes of this section, the term eligible unit (1) uses coal or petroleum coke for at least 75 percent of the fuel used by the unit, (2) uses carbon capture technology to capture and sequester not less than 65 percent of the total carbon dioxide emissions of the unit, (3) transports such captured carbon dioxide to a permanent geologic storage site in the United States or to a site on the North American continent for use for hydrocarbon recovery, and (4) provides for the permanent storage of such carbon dioxide in such site. (c) Applicable percentage (1) In general For purposes of subsection (a), the applicable percentage shall be the amount (expressed as a percentage) equal to the sum of— (A) 15 percent, and (B) the amount (expressed as a percentage) which bears the same ratio to 15 percent as the captured emissions percentage (as determined under paragraph (2)) bears to 35 percent. (2) Carbon dioxide emissions captured For purposes of paragraph (1), the captured emissions percentage shall be equal to— (A) the percentage of total carbon dioxide emissions of the eligible unit that is captured and sequestered, minus (B) 65 percentage points. (d) Election No costs for which a credit has been provided under section 48A or section 48B shall be eligible for a credit under this section. (e) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any unit that fails to attain or maintain the requirements under subsection (b). . (2) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48D the following new item: 48E. Pioneer CCS facilities. . (d) Effective date The amendments made by this section shall apply with respect to— (1) new facilities placed in service after December 31, 2014, and before January 1, 2026; and (2) the retrofit of existing facilities that commence operation with the retrofit after December 31, 2014, and before January 1, 2026.

Carbon Capture and Sequestration Deployment Act of 2014

Expanding Carbon Capture through Enhanced Oil Recovery Act of 2014 - Amends the Internal Revenue Code to revise and expand the tax credit program for carbon dioxide sequestration by directing the Secretary of the Treasury to establish: (1) a process for annual competitive bidding for carbon dioxide sequestration credits, (2) a certification process that guarantees the availability of the credit for private sector companies investing in commercial-scale carbon capture projects, (3) criteria for revoking the certification of a project that does not meet specified timelines for beginning construction and operations and that makes materially inaccurate representations in the bidding process, (4) an external review of the annual competitive bidding process by a panel of independent experts to improve such process and ensure its transparency and effectiveness, and (5) a review process for determining the actual and projected increase in federal revenues attributable to the competitive bidding process and credit allocations under this Act.

113 S2288 IS: Expanding Carbon Capture through Enhanced Oil Recovery Act of 2014 U.S. Senate 2014-05-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2288 IN THE SENATE OF THE UNITED STATES May 5, 2014 Mr. Rockefeller Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand existing tax credits to encourage the capture, utilization, and sequestration of carbon dioxide. 1. Short title This Act may be cited as the Expanding Carbon Capture through Enhanced Oil Recovery Act of 2014 2. Expansion of tax credit for capture, utilization, and sequestration of carbon dioxide (a) Technical amendment Section 45Q 45Q–1. Standard carbon dioxide sequestration credit . (b) Expansion of carbon dioxide sequestration credit Subpart D of part IV of subchapter A of chapter 1 45Q–2. Competitively bid carbon dioxide sequestration credit (a) Allowance of credit (1) In general For purposes of section 38, the carbon dioxide sequestration credit determined under this section for any taxable year is equal to the amount determined under subsection (c)(2) that is allocated to the qualified facility and certified for such year for the capture, compression, and transport of qualified carbon dioxide. (2) Credit claimed by taxpayer who captures, uses, and disposes of carbon dioxide Except as provided in paragraph (3) and pursuant to such requirements as are determined appropriate by the Secretary, the credit allowed under this section shall be attributable to the taxpayer who captured, used (or contracted for use), and disposed (or contracted for disposal) of the qualified carbon dioxide. (3) Election to allow credit to be claimed by taxpayer who uses and disposes of carbon dioxide A taxpayer described in paragraph (2) may elect, pursuant to such requirements as are determined appropriate by the Secretary, to permit the credits allowed under this section to be attributable to the person who used and disposed of the qualified carbon dioxide. (b) General Requirements (1) In general Not later than 12 months after the date of the enactment of this section and after providing opportunity for public notice and comment, the Secretary, in consultation with the Secretary of Energy, shall establish a process for annual competitive bidding for carbon dioxide sequestration credits under this section that includes the following: (A) Establishment of individual project tranches for allocation of carbon dioxide sequestration credits to different forms of qualified projects. (B) Annual solicitation of bids for allocation of carbon dioxide sequestration credits for qualified projects within each individual project tranche. (C) Allocation of credits, on a per project basis, for the applicable crediting period. (D) Allocation of credits in a manner that ensures a net increase in revenue for the Federal Government over a reasonable period of time (as determined by the Secretary). (E) Establishment of procedures for certifying qualified projects that have received an allocation of carbon dioxide sequestration credits. (2) Purpose The purpose of this section is— (A) to reduce the incremental cost of carbon dioxide capture, compression, and transport, (B) to accelerate the deployment and advancement of technologies that capture carbon dioxide, (C) to significantly increase domestic oil production through expansion of enhanced oil recovery using anthropogenic carbon dioxide, (D) to reduce the amount of anthropogenic carbon dioxide that is released into the atmosphere and contributing to climate change, and (E) to produce a net increase in revenues for the Federal Government over a reasonable period of time from additional tax revenue and royalties collected on oil recovered through qualified enhanced oil recovery projects. (c) Annual competitive bidding and allocation of credits (1) Application process (A) In general For purposes of the annual competitive bidding process under this section, the Secretary shall— (i) solicit bids for allocations of carbon dioxide sequestration credits from applications for qualified projects within each individual project tranche (as described in subparagraph (C)), and (ii) require that an applicant submitting a bid for carbon dioxide sequestration credits for a qualified project— (I) be limited to bidding within a single project tranche for the project, and (II) include as part of their bid— (aa) subject to subparagraph (D), the proposed dollar amount of the carbon dioxide sequestration credit per metric ton of qualified carbon dioxide, and (bb) the projected metric tonnage of qualified carbon dioxide associated with the project over the crediting period (as defined in subsection (f)(4)). (B) Application requirements An application under subparagraph (A) shall contain such information as the Secretary may require in order to make a determination regarding an allotment of carbon dioxide sequestration credits. Any information contained in the application shall be protected as provided in section 552(b)(4) (C) Project tranches The Secretary shall establish 3 individual project tranches for qualified projects in each of the following categories: (i) Electric power projects (as described in subsection (f)(6)). (ii) First-tranche industrial projects (as described in subsection (f)(8)). (iii) Second-tranche industrial projects (as described in subsection (f)(15)). (D) Per ton minimum and maximum The Secretary, in consultation with the Secretary of Energy, shall establish minimum and maximum dollar amounts for the proposed dollar amount of the carbon dioxide sequestration credit per metric ton of qualified carbon dioxide in each project tranche. (2) Allocation of credits (A) In general Following the receipt of bids pursuant to the application process described in paragraph (1), the Secretary, in consultation with the Secretary of Energy, shall allocate carbon dioxide sequestration credits to qualified projects with each project tranche. (B) Allocation to lowest bidder The Secretary shall allocate the carbon dioxide sequestration credits to qualified projects on the basis of the proposed dollar amount for the carbon dioxide sequestration credit per metric ton of qualified carbon dioxide contained in the bid submitted by the applicant, with credits to be allocated in the order of the lowest submitted bid. (C) Amount allocated per qualified project (i) In general Subject to clause (ii), the amount of the carbon dioxide sequestration credit allocated to a qualified project shall be equal to the product of— (I) subject to paragraph (1)(D), the proposed dollar amount of the carbon dioxide sequestration credit per metric ton of qualified carbon dioxide (as proposed pursuant to paragraph (1)(A)(ii)(II)(aa)), and (II) subject to clause (iii), the projected metric tonnage of qualified carbon dioxide associated with the project over the crediting period (as projected pursuant to paragraph (1)(A)(ii)(II)(bb)). (ii) Readjustment of credit amount based on crude oil price For each crediting year during the crediting period, the amount of the carbon dioxide sequestration credit shall be equal to the product of— (I) the amount of the credit, as determined under clause (i) in the allocation year, and (II) the quotient of— (aa) the annual average West Texas Intermediate Crude Oil price (per 42-gallon barrel) for the year in which the bid for carbon dioxide sequestration credits was made, divided by (bb) the annual average West Texas Intermediate Crude Oil price (per 42-gallon barrel) for the applicable crediting year. (iii) Limitation for certain projects For purposes of determining the amount of carbon dioxide sequestration credits allocated to a industrial project described in subsection (f)(14)(B)(ii) or an electric power project described in subsection (f)(14)(B)(iii), the projected metric tonnage of qualified carbon dioxide associated with the project over the crediting period shall not be greater than the product of— (I) 1,000,000 metric tons, and (II) the number of crediting years in the crediting period. (D) Maximum level of credits (i) In general Subject to clause (ii), the total amount of carbon dioxide sequestration credits allocated to all qualified projects within each project tranche shall not exceed the maximum amount as established for the applicable year, as follows: (I) Electric power projects The amount of carbon dioxide sequestration credits allotted to electric power projects shall not exceed— (aa) for any allocation year during the period between the first annual competitive bidding process and the third annual competitive bidding process, $1,350,000,000, (bb) for any allocation year during the period between the fourth annual competitive bidding process and the seventh annual competitive bidding process, $2,700,000,000, (cc) for the allocation year in which the eighth annual competitive bidding process occurs, $4,050,000,000, (dd) for the allocation year in which the ninth annual competitive bidding process occurs, $5,400,000,000, and (ee) for the allocation year in which the tenth annual competitive bidding process occurs and each subsequent allocation year, $6,750,000,000. (II) First-tranche industrial projects The amount of carbon dioxide sequestration credits allotted to first-tranche industrial projects for any allocation year shall not exceed $400,000,000. (III) Second-tranche industrial projects The amount of carbon dioxide sequestration credits allotted to second-tranche industrial projects shall not exceed— (aa) for any allocation year during the period between the first annual competitive bidding process and the third annual competitive bidding process, $300,000,000, and (bb) for the allocation year in which the fourth annual competitive bidding process occurs and each subsequent allocation year, $600,000,000. (ii) Rollover of unallocated credit amounts (I) In general For purposes of clause (i), the maximum amount of carbon dioxide sequestration credits available to be allocated to all qualified projects within each project tranche for any applicable allocation year shall be increased by the amount of unallocated credits within such tranche for the preceding year. (II) Unallocated credits For purposes of this clause, the amount of unallocated credits within a project tranche for an applicable allocation year shall be equal to the difference between— (aa) the applicable maximum amount of carbon dioxide sequestration credits available to be allocated to all qualified projects within the project tranche for such year, and (bb) the total amount of carbon dioxide sequestration credits allocated to all qualified projects within the project tranche for such year. (iii) Total amount provided to qualified project for crediting period to be counted in allocation year For purposes of determining the total amount of carbon dioxide sequestration credits allocated in an applicable allocation year under this subparagraph, the total amount allocated to a qualified project for all crediting years during the crediting period shall be treated as a single allocation for the allocation year. (d) Certification (1) Certification process Not later than 90 days after a carbon dioxide sequestration credit has been allocated to a qualified project, the Secretary shall certify the amount of the credit that has been allocated and that the applicant has provided sufficient documentation and qualifying evidence to demonstrate that— (A) for a qualified project described in subsection (f)(14)(B)(i), the project will be constructed and operated in accordance with the requirements under this section during the crediting period, or (B) for a qualified project described in clause (ii) or (iii) of subsection (f)(14)(B), the project will operate in accordance with the requirements under this section during the crediting period. (2) Documentation The Secretary, after providing opportunity for public notice and comment, shall establish specifications for documentation required under paragraph (1), which shall include sufficient evidence that— (A) the applicant has established a plan or entered into a binding contract for disposal of all qualified carbon dioxide, (B) for a qualified project described in subsection (f)(14)(B)(i), the applicant has established a plan for timely construction, installation, and operation of carbon capture equipment, and (C) for a qualified project described in clause (ii) or (iii) of subsection (f)(14)(B), the project has received assistance or has been allocated funding pursuant to the requirements under such clauses. (3) Qualifying evidence For purposes of paragraph (1), the term qualifying evidence (A) the execution of a binding commitment (which may be subject to customary closing conditions) by an appropriate entity (such as a lender or the board of directors of the entity that owns the qualified project) to provide adequate financing for construction of the project and installation of the necessary carbon capture equipment, (B) the execution of a binding commitment by the applicant to execute a surety bond, in such amount as is determined appropriate by the Secretary, not later than 2 years after the date the Secretary certifies the qualified project under this subsection, or (C) for purposes of an electric power project, the execution of an authorization— (i) by the appropriate State agency or regulatory authority to permit recovery of the costs related to construction of the qualified project and installation of the necessary carbon capture equipment through imposition of a surcharge on the retail consumers of the electric utility that owns such project, or (ii) by the State legislature to permit recovery of the costs related to construction of the qualified project and installation of the necessary carbon capture equipment through imposition of a surcharge on the retail consumers of any electric utility that is required, pursuant to State law, to purchase some or all of the net electrical output from the qualified project. (4) Revocation of certification (A) Materially inaccurate representation The Secretary may refuse to issue a certification or may revoke a certification previously issued to a qualified project if the Secretary determines that the applicant made a materially inaccurate representation with respect to the documentation or evidence submitted by the applicant pursuant to the requirements under this subsection. (B) Failure to begin construction or place equipment in service The Secretary shall revoke a certification previously issued to a qualified project if— (i) construction of the project has not begun within 2 years after the date of certification, or (ii) subject to subparagraph (C), the project has not placed in service the required carbon capture equipment— (I) in the case of a project that proposed to retrofit or upgrade its existing carbon capture equipment to increase carbon capture capacity, within 3 years after the date of certification, or (II) in the case of a project that proposed construction of a new facility, within 5 years after the date of certification. (C) Extensions (i) First extension An applicant that has failed to place in service the required carbon capture equipment by the applicable dates described in subparagraph (B)(ii) may receive an extension of up to 180 days before revocation of certification, provided— (I) that the applicant request an extension not later than 90 days before the applicable date under subparagraph (B)(ii), and (II) barring construction disruptions beyond the control of the applicant, that the applicant maintains a continuous program of construction that involves continuing physical work of a significant nature, as determined by the Secretary. (ii) Second extension An applicant that has failed to place in service the required carbon capture equipment before expiration of an extension granted under clause (i) may receive an additional extension of up to 180 days before revocation of certification, provided— (I) that the applicant request the additional extension not later than 90 days before expiration of the extension granted under clause (i), and (II) barring construction disruptions beyond the control of the applicant, that the applicant maintains a continuous program of construction that involves continuing physical work of a significant nature, as determined by the Secretary. (D) Begin construction For purposes of subparagraph (B)(i), construction of a qualified project begins when— (i) physical work of a significant nature has begun, or (ii) the applicant pays or incurs 5 percent or more of the total cost of the project. (5) Reallocation (A) In general Any carbon dioxide sequestration credits that have been allocated to a qualified project that does not receive certification, or has had its certification revoked, shall be rescinded, with the amount of such credits to be made available for reallocation pursuant to the process described under subsection (c) and any additional requirements as are determined appropriate by the Secretary. (B) Recapture of credit The Secretary shall provide for recapturing the benefit of any credit allotted to a qualified project that does not receive certification, or has had its certification revoked. (6) Public disclosure and annual reports (A) Disclosure of certification or revocation Not later than 30 days after issuing a certification or revocation under this subsection, the Secretary shall publicly disclose— (i) the amount of the credit associated with the certification or revocation, and (ii) a description of the qualified projected associated with such certification or revocation. (B) Annual report The Secretary shall annually publish a report regarding the carbon dioxide sequestration credits allowed under this section, including the amount of credits that— (i) have been certified under this subsection, and (ii) are available for allocation during the next annual competitive bidding process within each project tranche. (e) Review and modification (1) External review The Secretary, through such methods as are determined appropriate, shall establish an external review of the annual competitive bidding process by a panel of independent experts to— (A) propose recommendations to— (i) improve the annual competitive bidding process, (ii) ensure the transparency, effectiveness, and efficiency of such process, and (iii) ensure that the purposes described in subsection (b)(2) are being achieved through such process, and (B) for purposes of a review described in paragraph (2)(B), evaluate the impact of the annual competitive bidding process on incremental oil production and Federal revenues. (2) Requirements for external review The review process described in paragraph (1) shall be completed not later than— (A) 180 days prior to the fourth annual competitive bidding process after the date of the enactment of this section, and (B) every four years after the previous review under this subsection. (3) Modification Following any review completed under this subsection, the Secretary, in consultation with the Secretary of Energy, may modify the annual competitive bidding process to adopt recommendations included in the review and ensure that the purposes described in subsection (b)(2) are being achieved through such process, including adjustment of the minimum and maximum dollar amounts for the proposed dollar amount of the carbon dioxide sequestration credit per metric ton of qualified carbon dioxide, as established under subsection (c)(1)(D). (4) Revenue determinations (A) In general Not later than 7 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary, in consultation with the Chairman of the Securities and Exchange Commission and the Secretary of Energy, shall conduct a study to determine— (i) the actual and projected increase in Federal revenues that is attributable to increases in oil production from enhanced oil recovery methods using qualified carbon dioxide that is captured from qualified projects, and (ii) the actual and projected decrease in Federal revenues that is attributable to the credits allowed under this section. (B) Report to Congress If the Secretary determines that the projected decrease in revenues described in clause (ii) of subparagraph (A) is greater than the projected increase in revenues described in clause (i) of such subparagraph, the Secretary shall submit to Congress a report that provides a detailed analysis of the projections and recommendations for further legislative or administrative action. (f) Definitions In this section: (1) Allocation year The term allocation year (2) Annual capture capacity The term annual capture capacity (3) Carbon capture equipment The term carbon capture equipment (4) Crediting period The term crediting period (A) for a qualified project described in paragraph (14)(B)(i), the date on which the carbon capture equipment is placed into service, or (B) for a qualified project described in clause (ii) or (iii) of paragraph (14)(B), the date on which the project is certified under subsection (d). (5) Crediting year The term crediting year (6) Electric power project (A) In general The term electric power project (i) subject to subparagraph (B), uses coal or petroleum residuals as feedstock and has a post-carbon capture equivalent emissions rate that is equal to or less than 780 pounds per megawatt hour under normal operating conditions, or (ii) subject to subparagraph (B), uses natural gas for greater than 50 percent of its feedstock and has a post-carbon capture equivalent emissions rate that is equal to or less than 400 pounds per megawatt hour under normal operating conditions. (B) Emissions reductions Beginning with the annual competitive bidding process that occurs 5 years after the initial annual competitive bidding process, and every 5 years thereafter, the applicable post-carbon capture equivalent emissions rate under clauses (i) and (ii) of subparagraph (A) shall be reduced by 15 percent from the applicable rate for the preceding 5-year period, provided that the Secretary has determined, in consultation with the Secretary of Energy, that such reduction is both technologically and economically feasible. (7) Energy output The term energy output (8) First-tranche industrial project (A) In general The term first-tranche industrial project (i) Natural gas processing. (ii) Fermentation. (iii) Ammonia production. (iv) Existing gasification of— (I) coal, (II) petroleum residuals, (III) biomass, or (IV) waste streams. (B) Existing gasification For purposes of this paragraph, the term existing gasification (9) Industrial project The term industrial project (10) Polygeneration project The term polygeneration project (A) that produces both electricity and another marketable product, such as chemicals or alternative liquid or gaseous fuels, (B) that is able to supply not less than 150 megawatts of electricity for sale to a power distribution system, and (C) for which greater than 50 percent of the energy output from the gasification process is provided to the power block. (11) Power block The term power block (12) Qualified carbon dioxide (A) In general The term qualified carbon dioxide (i) captured from a source described in subparagraph (B), (ii) used, or contracted for use, by the taxpayer as a tertiary injectant in a qualified enhanced oil recovery project, and (iii) disposed of, or contracted for disposal, by the taxpayer in secure geological storage. (B) Sources of qualified carbon dioxide The sources described in this subparagraph are as follows: (i) Electric power generation. (ii) Chemical production. (iii) Gasification of coal. (iv) Petroleum residuals. (v) Biomass and waste streams. (vi) Natural gas processing. (vii) Fermentation. (viii) Clinker production. (ix) Fluidized catalytic cracking and other refinery processes. (x) Steel and aluminum production. (xi) Mining and manufacturing. (13) Qualified enhanced oil recovery project The term qualified enhanced oil recovery project (A) which involves the use of qualified carbon dioxide as a tertiary injectant (in accordance with sound engineering principles) and which can reasonably be expected to result in more than an insignificant increase in the amount of crude oil which will ultimately be recovered, and (B) which is located within the United States (within the meaning of section 638(1)). (14) Qualified project (A) In general The term qualified project (i) described in subparagraph (B), and (ii) at which carbon capture equipment is placed in service to capture qualified carbon dioxide from 1 or more sources described in paragraph (12)(B) within a single project tranche. (B) Categories of projects The projects described in this subparagraph are as follows: (i) A project that captures qualified carbon dioxide using carbon capture equipment that is placed in service after December 31, 2014, including retrofits or upgrades of existing carbon capture equipment that increases carbon capture capacity. (ii) An electric power project that— (I) received assistance under subtitle A of title IV of the Energy Policy Act of 2005 (42 U.S.C. 15961 et seq.), and (II) captures qualified carbon dioxide using carbon capture equipment that was placed in service before December 31, 2014. (iii) An electric power project or an industrial project that— (I) was allocated funding by the Department of Energy for large-scale carbon capture and sequestration projects from the amount appropriated for fossil energy research and development under title IV of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 (II) captures qualified carbon dioxide using carbon capture equipment that was placed in service before December 31, 2014. (15) Second-tranche industrial project (A) In general The term second-tranche industrial project (i) New-build gasification of— (I) coal, (II) petroleum residuals, (III) biomass, or (IV) waste streams. (ii) A refinery for production of cement, steel, or iron. (iii) Hydrogen production. (B) New-build gasification For purposes of this paragraph, the term new-build gasification (16) Secure geological storage The term secure geological storage (g) Denial of double benefit A credit shall not be allowed under this section for any carbon dioxide for which a credit is allowed under section 45Q–1. . (c) Conforming amendments (1) Table of sections The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 45Q and inserting the following new items: Sec. 45Q–1. Standard carbon dioxide sequestration credit. Sec. 45Q–2. Competitively bid carbon dioxide sequestration credit. . (2) General business credit Section 38(b) of such Code is amended— (A) by striking paragraph (34), (B) by redesignating paragraphs (35) and (36) as paragraphs (36) and (37), and (C) by inserting after paragraph (33) the following new paragraphs: (34) the standard carbon dioxide sequestration credit determined under section 45Q–1(a), (35) the competitively bid carbon dioxide sequestration credit determined under section 45Q–2(a), . (3) Denial of double benefit Section 45Q–1(d) of such Code is amended by adding at the end the following new paragraph: (8) Denial of double benefit A credit shall not be allowed under this section for any carbon dioxide for which a credit is allowed under section 45Q–2. . (d) Effective date The amendments made by this section shall apply to carbon dioxide captured after December 31, 2014.

Expanding Carbon Capture through Enhanced Oil Recovery Act of 2014

National Defense Authorization Act for Fiscal Year 2015 - Authorizes FY2015 appropriations for military activities of the Department of Defense (DOD) and for military construction. Authorizes military personnel strengths for FY2015. Authorizes FY2015 appropriations to DOD for: procurement, including aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, the Joint Improvised Explosive Device Defeat Fund, and other procurement; research, development, test, and evaluation; operation and maintenance; military personnel; working capital funds; the Joint Urgent Operational Needs Fund; chemical agents and munitions destruction; drug interdiction and counter-drug activities; the Office of the Inspector General; and    the Defense Health Program. Sets forth provisions or requirements concerning: end strengths for active and reserve forces; military personnel policy, including education and training, sexual assault prevention and response, and military justice and legal matters; military pay and allowances; military health care; acquisition policy and management; DOD organization and management; financial matters; counter-drug and counterterrorism activities; civilian personnel matters; matters relating to foreign nations; cooperative threat reduction; and military construction and military family housing. Military Construction Authorization Act for Fiscal Year 2015 - Authorizes appropriations for FY2015 for military construction for the Armed Forces and defense agencies, including the North Atlantic Treaty Organization (NATO) Security Investment Program and base realignment and closure (BRAC) activities.  

113 S2289 IS: National Defense Authorization Act for Fiscal Year 2015 U.S. Senate 2014-05-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2289 IN THE SENATE OF THE UNITED STATES May 5, 2014 Mr. Levin Mr. Inhofe Committee on Armed Services A BILL To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes. 1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2015 2. Organization of act into divisions; table of contents (a) Divisions This Act is organized into two divisions as follows: (1) Division a Department of Defense Authorizations. (2) Division b Military Construction Authorizations. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of act into divisions; table of contents. DIVISION A—Department of Defense Authorizations TITLE I—Procurement Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. Joint Improvised Explosive Device Defeat Fund. Sec. 106. Defense production act purchases. TITLE II—Research, development, test, and evaluation Subtitle A—Authorization of appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program requirements, restrictions, and limitations Sec. 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program. Sec. 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems. TITLE III—Operation and maintenance Subtitle A—Authorization of appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Program Matters Sec. 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities. Sec. 312. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors. Sec. 313. Repeal of annual report on Department of Defense operation and financial support for military museums. Sec. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard. Sec. 315. Southern Sea Otter Military Readiness Areas. Sec. 316. Environmental restoration at former Naval Air Station, Chincoteague, Virginia. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Subtitle B—Reserve forces Sec. 411. End strengths for selected reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2015 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Management of military technicians. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel policy Subtitle A—Officer personnel policy generally Sec. 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers. Sec. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties. Sec. 503. Authority for three-month deferral of retirement for officers selected for selective early retirement. Subtitle B—Reserve Component Management Sec. 511. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed forces. Sec. 512. Repeal of requirement for membership in specific unit of the selected reserve as a condition of employment as a military technician (dual status). Sec. 513. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees. Subtitle C—Member education and training Sec. 521. Inter-European Air Forces Academy. Sec. 522. Authority for Joint Special Operations University to award degrees. Sec. 523. Duration of foreign and cultural exchange activities at military service academies. Sec. 524. Enhancement of authority to accept support for Air Force Academy athletic programs. Subtitle D—Defense dependents’ education and military family readiness matters Sec. 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse. Sec. 532. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System. Sec. 533. Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools. Subtitle E—Other matters Sec. 541. Procedures for judicial review of military personnel decisions relating to correction of military records. Sec. 542. Enhanced role for Department of Justice under Military Lending Act. Sec. 543. Enforcement of rights under chapter 43 Sec. 544. Modification of criteria for eligibility for naturalization through service in the armed forces. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Fiscal year 2015 increase in military basic pay. Sec. 602. Inclusion of Chief of the National Guard Bureau and senior enlisted advisor to the Chief of the National Guard Bureau among senior members of the armed forces for purposes of pay and allowances. Sec. 603. Revision to method of computation of basic allowance for housing. Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Travel and Transportation Allowances Sec. 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel. Sec. 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services. TITLE VII—HEALTHCARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Consolidated TRICARE health plan. Sec. 702. Revisions to cost sharing requirements for TRICARE for life and the pharmacy benefits program. Subtitle B—Health Care Administration Sec. 711. Designation and responsibilities of Senior Medical Advisor for Armed Forces Retirement Home. Sec. 712. Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 713. Parity in provision of inpatient mental health services with other inpatient medical services. TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Acquisition policy and management Sec. 801. Three-year extension of authority for Joint Urgent Operational Needs Fund. Sec. 802. Five-year extension of Defense Production Act of 1950. Sec. 803. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration. Sec. 804. Permanent authority for use of simplified acquisition procedures for certain commercial items. Subtitle B—Amendments to general contract authorities, procedures, and limitations Sec. 811. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records. Sec. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy. Sec. 813. Recharacterization of changes to major automated information system programs. Sec. 814. Extension of special emergency procurement authority. Sec. 815. Extension of contract authority for advanced component development or prototype units. Sec. 816. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain task or delivery order contracts. Sec. 817. Authority for waiver of competitive prototyping requirement for major defense acquisition programs in case of programs with no risk reduction phase activities. Sec. 818. Extension of authority for additional access to contractor and subcontractor records in a contingency operation. Sec. 819. Modification of limitations on procurement of photovoltaic devices by the Department of Defense. TITLE IX—Department of Defense organization and management Sec. 901. Implementation of the December 2013 Secretary of Defense plan for reorganization of the Office of the Secretary of Defense and implementation of the elimination of Deputy Under Secretary of Defense positions. Sec. 902. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. Sec. 903. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad. Sec. 904. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies. Sec. 905. One-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 906. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad. Sec. 907. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining. TITLE X—General provisions Subtitle A—Financial matters Sec. 1001. Authority for use of amounts recovered for damage to Government property. Subtitle B—Counter-Drug activities Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia. Subtitle C—Naval vessels and shipyards Sec. 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning. Sec. 1022. Ensuring operational readiness of littoral combat ships on extended deployments. Sec. 1023. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy. Subtitle D—Sexual assault prevention and response related reforms Sec. 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system. Sec. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings. Subtitle E—Other matters Sec. 1041. Technical and clerical amendments. Sec. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations. Sec. 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools. Sec. 1044. Revision to statute of limitations for aviation insurance claims. Sec. 1045. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense. Sec. 1046. Authority to accept certain voluntary services. Sec. 1047. Transfer of Administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration. Sec. 1048. Repeal and modification of reporting requirements. TITLE XI—Civilian personnel matters Sec. 1101. Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense. Sec. 1102. Authority to provide additional compensation for defense clandestine service employees. Sec. 1103. Pilot program for the temporary exchange of financial management personnel. TITLE XII—Matters relating to foreign nations Sec. 1201. Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility. Sec. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability. Sec. 1203. Revisions to Global Security Contingency Fund authority. Sec. 1204. Increase in annual limitation on transfer of excess defense articles. Sec. 1205. One-year extension of Afghan Special Immigrant Visa Program. Sec. 1206. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense. TITLE XIII—Other authorizations Subtitle A—Military programs Sec. 1301. Working Capital Funds. Sec. 1302. Joint Urgent Operational Needs Fund. Sec. 1303. Chemical Agents and Munitions Destruction, Defense. Sec. 1304. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1305. Defense Inspector General. Sec. 1306. Defense Health Program. Subtitle B—Other matters Sec. 1311. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1312. Authorization of appropriations for Armed Forces Retirement Home. TITLE XIV—Uniformed and Overseas Citizens Absentee Voting Act amendments Sec. 1401. Pre-election reporting requirements on availability and transmission of absentee ballots. Sec. 1402. Transmission requirements; repeal of waiver provision. Sec. 1403. Clarification of State responsibility, civil penalties, and private right of action. Sec. 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot. Sec. 1405. Treatment of ballot requests. Sec. 1406. Inclusion of Northern Mariana Islands in the definition of State Sec. 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests. Sec. 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections. Sec. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program. TITLE XV—Authorization of additional appropriations for overseas contingency operations [RESERVED] TITLE XVI—Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program Sec. 1601. Short title; table of contents. Subtitle A—Program authorities Sec. 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program. Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities. Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. Sec. 1614. Use of funds for other purposes or for increased amounts. Sec. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program. Subtitle B—Restrictions and limitations Sec. 1621. Prohibition on use of funds for specified purposes. Sec. 1622. Requirement for on-site managers. Sec. 1623. Limitation on use of funds until certain permits obtained. Subtitle C—Recurring certifications and reports Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities. Sec. 1632. Requirement to submit summary of amounts requested by project category. Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program. Subtitle D—Repeals and transition provision Sec. 1641. Repeals. Sec. 1642. Transition provision. DIVISION B—Military construction authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project. Sec. 2105. Modification of authority to carry out certain fiscal year 2013 projects. Sec. 2106. Extension of authorizations of certain fiscal year 2011 project. Sec. 2107. Extension of authorizations of certain fiscal year 2012 projects. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2012 projects. Sec. 2206. Modification of authority to carry out certain fiscal year 2014 project. Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects. Sec. 2208. Extension of authorizations of certain fiscal year 2012 projects. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Authorization of appropriations, Air Force. Sec. 2303. Modification of authority to carry out certain fiscal year 2008 project. Sec. 2304. Extension of authorizations of certain fiscal year 2011 project. Sec. 2305. Extension of authorizations of certain fiscal year 2012 project. TITLE XXIV—Defense agencies military construction Subtitle A—Defense agency authorizations Sec. 2401. Authorized defense agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, defense agencies. Sec. 2404. Extension of authorizations of certain fiscal year 2011 project. Sec. 2405. Extension of authorizations of certain fiscal year 2012 projects. Sec. 2406. Extension of authorizations of certain fiscal year 2012 projects. Subtitle B—Chemical demilitarization authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project. TITLE XXV—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. TITLE XXVI—Guard and reserve forces facilities Subtitle A—Project authorizations and authorization of appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other matters Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects. Sec. 2612. Modification of authority to carry out certain fiscal year 2013 project. Sec. 2613. Extension of authorization of certain fiscal year 2011 project. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. TITLE XXVIII—Military construction general provisions Sec. 2801. Revisions to minor military construction authorities. Sec. 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities. Sec. 2803. Change in authorities relating to scope of work variations for military construction projects. Sec. 2804. Modification of Department of Defense authority to accept financial incentives, goods, or services under the authority of energy savings contracts and activities. Sec. 2805. Clarification of authority to enter into energy saving performance contracts. Sec. 2806. Production and use of natural gas at Fort Knox, Kentucky. Sec. 2807. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions. TITLE XXIX—Defense base closure and realignment Sec. 2901. Short title and purpose. Sec. 2902. The Commission. Sec. 2903. Procedure for making recommendations for base closures and realignments. Sec. 2904. Closure and realignment of military installations. Sec. 2905. Implementation. Sec. 2906. Department of Defense Base Closure Account 2014. Sec. 2907. Reports. Sec. 2908. Congressional consideration of commission report. Sec. 2909. Restriction on other base closure authority. Sec. 2910. Definitions. Sec. 2911. Treatment as a base closure law for purposes of other provisions of law. Sec. 2912. Conforming amendments. A Department of Defense Authorizations I Procurement 101. Army Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army as follows: (1) For aircraft, $5,102,685,000. (2) For missiles, $1,017,483,000. (3) For weapons and tracked combat vehicles, $1,471,438,000. (4) For ammunition, $1,031,477,000. (5) For other procurement, $4,893,634,000. 102. Navy and Marine Corps Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Navy and Marine Corps as follows: (1) For aircraft, $13,074,317,000. (2) For weapons, including missiles and torpedoes, $3,217,945,000. (3) For shipbuilding and conversion, $14,400,625,000. (4) For other procurement, $5,975,828,000. (5) For procurement, Marine Corps, $983,352,000. (6) For ammunition procurement, Navy and Marine Corps, $771,945,000. 103. Air Force Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Air Force as follows: (1) For aircraft, $11,542,571,000. (2) For ammunition, $677,400,000. (3) For missiles, $4,690,506,000. (4) For other procurement, $16,566,018,000. 104. Defense-wide activities Funds are hereby authorized to be appropriated for fiscal year 2015 for Defense-wide procurement in the amount of $4,221,437,000. 105. Joint Improvised Explosive Device Defeat Fund Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Improvised Explosive Device Defeat Fund in the amount of $115,058,000. 106. Defense production act purchases Funds are hereby authorized to be appropriated for fiscal year 2015 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $21,638,000. II Research, development, test, and evaluation A Authorization of appropriations 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $6,593,898,000. (2) For the Navy, $16,266,335,000. (3) For the Air Force, $23,739,892,000. (4) For Defense-wide activities, $16,766,084,000. (5) For the Director of Operational Test and Evaluation, $167,738,000. B Program requirements, restrictions, and limitations 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program Subparagraph (B) of section 2192a(c)(1) in the Department of Defense for the period of obligated service determined under paragraph (2)— (i) with the Department of Defense; or (ii) with a public or private sector entity or organization outside the Department of Defense if the Secretary of Defense determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department of Defense. . 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 at least one half of the cost of such activities an appropriate share of the cost of such activities, as determined by the Secretary III Operation and maintenance A Authorization of appropriations 301. Operation and maintenance funding Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $33,240,148,000. (2) For the Navy, $39,316,857,000. (3) For the Marine Corps, $5,909,487,000. (4) For the Air Force, $35,331,193,000. (5) For Defense-wide activities, $31,198,232,000. (6) For the Army Reserve, $2,490,569,000. (7) For the Navy Reserve, $1,007,100,000. (8) For the Marine Corps Reserve, $268,582,000. (9) For the Air Force Reserve, $3,015,842,000. (10) For the Army National Guard, $6,030,773,000. (11) For the Air National Guard, $6,392,859,000. (12) For the United States Court of Appeals for the Armed Forces, $13,723,000. (13) For the Department of Defense Acquisition Workforce Development Fund, $212,875,000. (14) For Environmental Restoration, Army, $201,560,000. (15) For Environmental Restoration, Navy, $277,294,000. (16) For Environmental Restoration, Air Force, $408,716,000. (17) For Environmental Restoration, Defense-wide, $8,547,000. (18) For Environmental Restoration, Formerly Used Defense Sites, $208,353,000. (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $100,000,000. (20) For Cooperative Threat Reduction programs, $365,108,000. (21) For Overseas Contingency Operations Transfer Fund, $5,000,000. (22) For Support for International Sporting Competitions, Defense, $10,000,000. B Program Matters 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities (a) Eligible categories of transportation Subsection (a) of section 2642 (1) in the matter preceding paragraph (1), by striking The Secretary Subject to subsection (b), the Secretary (2) in paragraph (3)— (A) by striking During the period beginning on October 28, 2009, and ending on October 28, 2019, for For (B) by striking of Defense military sales of Defense (C) by striking , but only if commercial transportation industry (3) by adding at the end the following new paragraphs: (4) For military transportation services provided in support of foreign military sales. (5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies). (6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity. . (b) Termination of authority for certain categories of transportation Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Termination of authority for certain categories of transportation The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate . (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 157 of such title is amended to read as follows: 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate. . 312. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors (a) Repeal Section 9513 (b) Clerical amendment The table of sections at the beginning of chapter 931 of such title is amended by striking the item relating to section 9513. 313. Repeal of annual report on Department of Defense operation and financial support for military museums (a) In general Section 489 (b) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard (a) Memorial authorized The Secretary of the Navy may establish, maintain, and repair a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard, Washington, DC, that occurred on September 16, 2013. (b) Location The memorial shall become part of the Washington Navy Yard. (c) Additional funding (1) Establishment of account An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (2). (2) Acceptance of contributions The Secretary of the Navy may establish procedures under which the Secretary may solicit and accept monetary contributions or gifts of property for the purpose of the activities described in subsection (a) without regard to limitations contained in section 2601 (3) Deposit of contributions The Secretary of the Navy shall deposit monetary contributions accepted under paragraph (2) in the account established under paragraph (1). The funds in the account established under paragraph (1) shall be available until expended without further appropriation, but only for the purposes described in subsection (a). 315. Southern Sea Otter Military Readiness Areas (a) Establishment of the southern sea otter military readiness areas Chapter 631 7235. Establishment of the Southern Sea Otter Military Readiness Areas (a) Establishment The Secretary of the Navy shall establish areas, to be known as Southern Sea Otter Military Readiness Areas (1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates: N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′. (2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone. (b) Activities within the southern sea otter military readiness areas (1) Incidental takings under endangered species act of 1973 Sections 4 and 9 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (2) Incidental takings under marine mammal protection act of 1972 Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1371 (3) Treatment as species proposed to be listed For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (c) Removal Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas. (d) Revision or termination of exceptions The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels. (e) Monitoring (1) In general The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service. (2) Reports Not later than 24 months after the date of the enactment of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1). (f) Definitions In this section: (1) Southern sea otter The term southern sea otter (2) Take The term take (A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. (3) Incidental taking The term incidental taking (4) Military readiness activity The term military readiness activity 16 U.S.C. 703 (5) Optimum sustainable population The term optimum sustainable population . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 7235. Establishment of the Southern Sea Otter Military Readiness Areas. . (c) Conforming amendment Section 1 of Public Law 99–625 16 U.S.C. 1536 316. Environmental restoration at former Naval Air Station, Chincoteague, Virginia (a) Environmental restoration project Notwithstanding the administrative jurisdiction of the Administrator of the National Aeronautics and Space Administration over the Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental restoration project in a manner consistent with chapter 160 (b) Interagency agreement The Secretary and the Administrator may enter into an agreement or agreements to provide for the effective and efficient performance of environmental restoration projects for purposes of subsection (a). Notwithstanding section 2215 (c) Source of Department of Defense funds Pursuant to section 2703(c) IV Military personnel authorizations A Active forces 401. End strengths for active forces The armed forces are authorized strengths for active duty personnel as of September 30, 2015, as follows: (1) The Army, 490,000. (2) The Navy, 323,600. (3) The Marine Corps, 184,100. (4) The Air Force, 310,900. B Reserve forces 411. End strengths for selected reserve (a) In general The armed forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2015, as follows: (1) The Army National Guard of the United States, 350,200. (2) The Army Reserve, 202,000. (3) The Navy Reserve, 57,300. (4) The Marine Corps Reserve, 39,200. (5) The Air National Guard of the United States, 105,000. (6) The Air Force Reserve, 67,100. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the armed forces are authorized, as of September 30, 2015, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 31,385. (2) The Army Reserve, 16,261. (3) The Navy Reserve, 9,973. (4) The Marine Corps Reserve, 2,261. (5) The Air National Guard of the United States, 14,704. (6) The Air Force Reserve, 2,830. 413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 (1) For the Army National Guard of the United States, 27,210. (2) For the Army Reserve, 7,895. (3) For the Air National Guard of the United States, 21,792. (4) For the Air Force Reserve, 9,789. 414. Fiscal year 2015 limitation on number of non-dual status technicians (a) Limitations (1) National guard Within the limitation provided in section 10217(c)(2) (A) For the Army National Guard of the United States, 1,600. (B) For the Air National Guard of the United States, 350. (2) Army reserve The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed the number in effect for the Army Reserve under section 10217(c)(1) of title 10, United States Code. (3) Air force reserve The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90. (b) Non-Dual status technicians defined In this section, the term non-dual status technician section 10217(a) 415. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2015, the maximum number of members of the reserve components of the armed forces who may be serving at any time on full-time operational support duty under section 115(b) (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. 416. Management of military technicians (a) Designation of non-Dual status technician positions Subsection (a) of section 10217 (1) in paragraph (1), by striking a technician an employee of the Department of Defense (2) by striking or (3) by striking the period at the end of paragraph (3) and inserting ; or (4) by adding at the end the following new paragraph: (4) is serving in the Army Reserve in a position designated by the Secretary of the Army to be filled by a non-dual status technician. . (b) Revised limitation on number of army reserve technicians Subsection (c)(1) of such section is amended— (1) by inserting (A) (1) (2) by designating the second sentence as subparagraph (C); (3) by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph: (B) The total number of non-dual status technicians employed by the Army Reserve may not exceed 60 percent of the total number of military technicians employed by the Army Reserve. ; and (4) in subparagraph (C), as designated by paragraph (2), by striking the preceding sentence subparagraph (A) or subparagraph (B), as the case may be (c) Loss of status as a military technician (Dual Status) Section 10218(a)(3) of such title is amended— (1) in subparagraph (A)(ii)— (A) by inserting military not a (B) by inserting (dual status) technician (2) in subparagraph (B), by inserting in a position designated for military technician (dual status) non-dual status technician C Authorization of appropriations 421. Military personnel (a) Authorization of appropriations There is hereby authorized to be appropriated for military personnel for fiscal year 2015 a total of $128,957,593,000. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2015. V Military personnel policy A Officer personnel policy generally 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers (a) Repeal of annual reports (1) Joint officer management Section 667 (2) Promotion policy objectives for joint officers Section 662 of such title is amended— (A) by striking (a) Qualifications.— (B) by striking subsection (b). (b) Clerical amendment The table of sections at the beginning of chapter 38 of such title is amended by striking the item relating to section 667. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties Section 581(d) (1) by redesignating paragraph (2) as paragraph (3); (2) by designating the second sentence of paragraph (1) as paragraph (2); and (3) in paragraph (2), as so designated— (A) by striking the list shall include each the list shall include— (A) the name of each ; (B) by striking the period at the end and inserting ; or (C) by adding at the end the following new subparagraph: (B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary. . 503. Authority for three-month deferral of retirement for officers selected for selective early retirement (a) Warrant officers Section 581(e) (1) by striking 90 days three months (2) by inserting after the first sentence the following new sentence: An officer recommended for early retirement under this section, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. (b) Officers on the active-Duty list Section 638(b) of such title is amended— (1) in paragraph (1), by inserting before the period at the end of subparagraph (B) the following: , with such retirement under that section to be not later than the first day of the month beginning after the month in which the officer becomes qualified for retirement under that section, or on the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement, whichever is later (2) in paragraph (3)— (A) by striking 90 days three months (B) by inserting after the first sentence the following new sentences: An officer recommended for early retirement under subparagraph (b)(1)(A) or under section 638a of this title, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under subparagraph (b)(1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. An officer recommended for early retirement under subparagraph (b)(2), if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the thirteenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. B Reserve Component Management 511. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed forces Paragraphs (1) and (2) of section 12102(b) (1) that person has met the citizenship or residency requirements established in section 504(b)(1) of this title; or (2) that person is authorized to enlist by the Secretary concerned under section 504(b)(2) of this title. . 512. Repeal of requirement for membership in specific unit of the selected reserve as a condition of employment as a military technician (dual status) (a) Repeal of unit membership requirement Section 10216 (b) Conforming amendment Subsection (g) of such section is amended by striking subsection (d) of this section or 513. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees (a) Retention of certain first lieutenants and lieutenants (junior grade) following nonselection for promotion Subsection (a)(1) of section 14701 (1) by inserting (A) (1) (2) by striking A reserve office of A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be removed from the reserve active-status list under section 14504 of this title, or a reserve officer of (3) by inserting a comma after 14507 of this title (4) by adding at the end the following new subparagraph: (B) A reserve officer described in this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), who— (i) is a health professions officer; or (ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree. . (b) Retention of health professions officers Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Continuation of health professions officers (1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law. (2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service. (3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law. . C Member education and training 521. Inter-European Air Forces Academy (a) In general Chapter 907 section 9415 9416. Inter-European Air Forces Academy (a) Operation The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 et seq. (b) Eligible countries (1) No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State. (2) The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. (c) Costs The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force. (d) Supplies and clothing The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter— (1) transportation incident to the training; (2) supplies and equipment to be used during the training; and (3) billeting, food, and health services. (e) Living allowance The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances. (f) Maintenance The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9415 the following new item: 9416. Inter-European Air Forces Academy. . 522. Authority for Joint Special Operations University to award degrees (a) In general Chapter 108 section 2163 2163a. Degree granting authority for Joint Special Operations University (a) Authority Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements. (b) Limitation A degree may not be conferred under this section unless— (1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (2) the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2163 the following new item: 2163a. Degree granting authority for Joint Special Operations University. . 523. Duration of foreign and cultural exchange activities at military service academies (a) Military academy Section 4345a(a) two weeks four weeks (b) Naval academy Section 6957b(a) of such title is amended by striking two weeks four weeks (c) Air force academy Section 9345a(a) of such title is amended by striking two weeks four weeks 524. Enhancement of authority to accept support for Air Force Academy athletic programs Section 9362 (e) Acceptance of support (1) Support received from the corporation Notwithstanding section 1342 (2) Funds received from other sources The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy. (3) Limitation The Secretary shall ensure that contributions accepted under this subsection do not reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program. (f) Leases and licenses (1) The Secretary may, in accordance with section 2667 (2) The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this section, the term support services (g) Contracts and cooperative agreements The Secretary may enter into contracts and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) section 2304(c)(5) (h) Trademarks and service marks (1) Licensing, marketing, and sponsorship agreements An agreement under subsection (g) may, consistent with section 2260 (other than subsection (d)) of this title, authorize the corporation to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary. (2) Limitations No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program. (i) Retention and use of funds Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended. . D Defense dependents’ education and military family readiness matters 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse Subsection (d)(4) of section 1059 as of the date on which the individual described in subsection (b) is separated from active duty as of the date on which the separation action is initiated by a commander of the individual described in subsection (b) 532. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting or a local national who teaches a host nation language course who is a citizen of the United States 533. Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools (a) Expansion of functions Subsection (c) of section 1411 of the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 929 (1) in paragraph (1), by inserting , and of the domestic dependent elementary and secondary school system established under section 2164 of title 10, United States Code, of the defense dependents’ education system (2) in paragraph (2), by inserting and in the domestic dependent elementary and secondary school system (b) Membership of council Subsection (a)(1)(B) of such section is amended— (1) by inserting and the domestic dependent elementary and secondary schools established under section 2164 of title 10, United States Code the defense dependents’ education system (2) by inserting either such system E Other matters 541. Procedures for judicial review of military personnel decisions relating to correction of military records (a) Availability of judicial review; limitations (1) In general Chapter 79 1560. Judicial review of decisions relating to correction of military records (a) Availability of judicial review (1) In general Pursuant to sections 1346 1491 chapter 7 (2) Records correction final decision defined In this section, the term records correction final decision (A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title. (B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title. (C) A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title. (D) A final decision issued by the Secretary concerned pursuant to section 1554a of this title. (b) Exhaustion of administrative remedies (1) General rule Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless— (A) the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and (B) the Secretary concerned has rendered a final decision denying that correction in whole or in part. (2) Whistleblower cases When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs: (A) The Secretary of Defense makes a decision in the matter. (B) The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires. (3) Class actions If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified. (4) Timeliness Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction. (c) Statutes of limitation (1) Six years from final decision A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision. (2) Six years for certain claims that may result in payment of money (A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision. (B) Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under— (i) chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or (ii) chapter 73 of this title. (d) Habeas corpus This section does not affect any cause of action arising under chapter 153 . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1560. Judicial review of decisions. . (b) Effect of denial of request for correction of records when prohibited personnel action alleged (1) Notice of denial; procedures for judicial review Subsection (g) of section 1034 of such title is amended by adding at the end the following new paragraph: (7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member— (A) a concise written statement of the basis for the decision; and (B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . (2) Secretary of Defense review; notice of denial Subsection (h) of such section is amended— (A) by inserting (1) Upon the completion of all (B) by adding at the end the following new paragraph: (2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member— (A) a concise written statement of the basis for the decision; and (B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . (3) Sole basis for judicial review Such section is further amended— (A) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (B) by inserting after subsection (h) the following new subsection (i): (i) Judicial review (1) A decision of the Secretary of Defense under subsection (h) shall be subject to judicial review only as provided in section 1560 of this title. (2) In a case in which review by the Secretary of Defense under subsection (h) was not sought, a decision of the Secretary of a military department under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. (3) A decision by the Secretary of Homeland Security under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. . (c) Effect of denial of other requests for correction of military records Section 1552 of such title is amended by adding at the end the following new subsections: (h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant— (1) a concise written statement of the basis for the decision; and (2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. (i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (d) Judicial review of corrections recommended by the physical disability board of review Section 1554a of such title is amended— (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Record of decision and notification In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary shall provide to the member or former member— (1) a concise written statement of the basis for the decision; and (2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. (g) Judicial review A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (e) Effective date and application (1) In general The amendments made by this section shall take effect on January 1, 2016, and shall apply to all final decisions of the Secretary of Defense under section 1034(h) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(g), 1552 or 1554a of such title rendered on or after such date. (2) Treatment of existing cases This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1). (f) Implementation The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense. 542. Enhanced role for Department of Justice under Military Lending Act (a) Enforcement by the Attorney General Subsection (f) of section 987 (7) Enforcement by the attorney general (A) In general The Attorney General may commence a civil action in any appropriate district court of the United States against any person who— (i) engages in a pattern or practice of violating this section; or (ii) engages in a violation of this section that raises an issue of general public importance. (B) Relief In a civil action commenced under subparagraph (A), the court— (i) may grant any appropriate equitable or declaratory relief with respect to the violation of this section; (ii) may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and (iii) may, to vindicate the public interest, assess a civil penalty— (I) in an amount not exceeding $110,000 for a first violation; and (II) in an amount not exceeding $220,000 for any subsequent violation. (C) Intervention Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee. (D) Issuance and service of civil investigative demands Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring— (i) the production of such documentary material for inspection and copying; (ii) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (iii) the production of any combination of such documentary material or answers. (E) Relationship to false claims act The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 False Claims Act (i) any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section; (ii) any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath; (iii) the statutory definitions for purposes of that section relating to false claims law (iv) provisions of that section relating to qui tam relators shall not apply. . (b) Consultation with Department of Justice Subsection (h)(3) of such section is amended by adding at the end the following new subparagraph: (H) The Department of Justice. . 543. Enforcement of rights under chapter 43 (a) Action for relief (1) Initiation of actions Paragraph (1) of subsection (a) of section 4323 If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may commence an action for relief under this chapter. The person on whose behalf the complaint is referred may, upon timely application, intervene in such action and may obtain such appropriate relief as provided in subsections (d) and (e). (2) Attorney general notice to servicemember of decision Paragraph (2) of such subsection is amended to read as follows: (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 about whether the United States will 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 of when 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) Pattern or practice cases Such subsection is further amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) (as amended by paragraph (2) of this subsection) 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 or benefits secured by this chapter, the Attorney General may commence an action under this chapter. . (4) Actions by private persons Subparagraph (C) of paragraph (4) of such subsection, as redesignated by paragraph (3)(A), is amended by striking refused notified by the Department of Justice that the Attorney General does not intend to bring a civil action. (b) Sovereign immunity Paragraph (2) of subsection (b) of section 4323 (2) (A) In the case of an action against a State (as an employer), any instrumentality of a State, or any officer or employee of a State or instrumentality of a State acting in that officer or employee’s official capacity, by any person, the action may be brought in the appropriate district court of the United States or in a State court of competent jurisdiction, and the State, instrumentality of the State, or officer or employee of the State or instrumentality acting in that officer or employee’s official capacity shall not be immune under the Eleventh Amendment of the Constitution, or under any other doctrine of sovereign immunity, from such action. (B) (i) No State, instrumentality of such State, or officer or employee of such State or instrumentality of such State, acting in that officer or employee’s official capacity, that receives or uses Federal financial assistance for a program or activity shall be immune, under the Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, from suit in Federal or State court by any person for any violation under this chapter related to such program or activity. (ii) In an action against a State brought pursuant to subsection (a), a court may award the remedies (including remedies both at law and in equity) that are available under subsections (d) and (e). . (c) Venue for cases against private employers Subsection (c)(2) of such section is amended by striking United States district court for any district in which the private employer of the person maintains a place of business. United States district court for— (A) any district in which the employer maintains a place of business; (B) any district in which a substantial part of the events or omissions giving rise to the claim occurred; or (C) if there is no district in which an action may otherwise be brought as provided in subparagraph (A) or (B), any district in which the employer is subject to the court’s personal jurisdiction with respect to such action. . (d) Compensatory and punitive damages Subsection (d)(1) of such section is amended by striking subparagraph (C) and inserting the following new subparagraphs: (C) The court may require the employer to pay the person compensatory damages suffered by reason of such employer’s failure to comply with the provisions of this chapter. (D) The court may require the employer (other than a government, government agency, or political subdivision) to pay the person punitive damages if the court determines that the employer failed to comply with the provisions of this chapter with reckless indifference to the federally protected rights of the person. (E) The sum of the amount of compensatory damages awarded under this section and the amount of punitive damages awarded under this section, may not exceed, for each person the following: (i) In the case of an employer who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000. (ii) In the case of an employer who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000. (iii) In the case of an employer who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000. (iv) In the case of an employer who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000. . (e) Standing Subsection (f) of such section is amended— (1) by inserting by the United States or may be initiated only (2) by striking or by the United States under subsection (a)(1) (f) Attorney fees and other litigation expenses Subsection (h)(2) of such section is amended by striking subsection (a)(2) subsection (a)(1) or subsection (a)(4) (g) Pension contribution calculations Subsection (b) of section 4318 (1) in paragraph (3)(B), by striking on the basis of on the basis specified in paragraph (4). (2) by adding at the end the following new paragraph: (4) The basis for a computation under paragraph (3) to which subparagraph (B) of that paragraph applies is as follows: (A) If the period of service described in subsection (a)(2)(B) is one year or less, the computation shall be made on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding such period or, if shorter, the period of employment immediately preceding such period. (B) If the period of such service is more than one year, the computation shall be made on the basis of the average rate of compensation during such period of service of employees of that employer who are similarly situated to the servicemember in terms of having similar seniority, status, and pay. . (h) Disability discovered after employee resumes employment Subsection (a)(3) of section 4313 including a disability that is brought to the employer’s attention within five years after the person resumes employment, during, such service, (i) Burden of identifying proper reemployment positions Section 4313 of such title is further amended by adding at the end the following new subsection: (c) For purposes of this section, the employer shall have the burden of identifying the appropriate reemployment positions. . (j) Civil investigative demands Section 4323 of such title is further amended by adding at the end the following new subsection: (j) Issuance and service of civil investigative demands by attorney general (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 chapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and cause to be served 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 governing the authority to issue, use, and enforce civil investigative demands under section 3733 False Claims Act (A) a reference in that section to false claims law investigators or investigations shall be applied as referring to investigators or investigations under this chapter; (B) a reference to interrogatories shall be applied as referring to written questions, and answers to such need not be under oath; (C) the statutory definitions for purposes of that section relating to false claims law (D) provisions of that section relating to qui tam relators shall not apply. . 544. Modification of criteria for eligibility for naturalization through service in the armed forces Section 328(a) of the Immigration and Nationality Act ( 8 U.S.C. 1439(a) (1) by inserting (1) (a) (2) by adding at the end the following new paragraph: (2) (A) In addition to the authorities provided in paragraph (1), a qualifying noncitizen United States veteran may be naturalized without having been lawfully admitted to the United States for permanent residence if the person’s application for naturalization is filed while the applicant is serving in the armed forces of the United States or within six months after the termination of such service. (B) For purposes of subparagraph (A), a qualifying noncitizen United States veteran is a person— (i) who has served in the armed forces of the United States as described in subparagraph (C); and (ii) whose enlistment in the armed forces— (I) was lawful under section 504(b) (II) was not procured by a knowingly false representation or by deliberate concealment as to the person’s qualifications for that enlistment. (C) A person’s service in the armed forces of the United States is described in this subparagraph if— (i) the person served honorably in the armed forces for a period or periods aggregating one year, any part of which was served after the date of the enactment of this paragraph; and (ii) in the case of a person who has been separated from such service, the person was never separated except under honorable conditions. . VI COMPENSATION AND OTHER PERSONNEL BENEFITS A Pay and Allowances 601. Fiscal year 2015 increase in military basic pay (a) Waiver of Section 1009 adjustment The adjustment to become effective during fiscal year 2015 required by section 1009 (b) Increase in basic pay Effective on January 1, 2015, the rates of monthly basic pay for members of the uniformed services are increased by 1 percent for enlisted member pay grades, warrant officer pay grades, and commissioned officer pay grades below pay grade O–7. (c) Application of Executive Schedule Level II ceiling on payable rates for general and flag officers Section 203(a)(2) 602. Inclusion of Chief of the National Guard Bureau and senior enlisted advisor to the Chief of the National Guard Bureau among senior members of the armed forces for purposes of pay and allowances (a) Basic pay rate equal treatment of Chief of the National Guard Bureau and Senior Enlisted Advisor to the Chief of the National Guard Bureau (1) Chief of the National Guard Bureau The rate of basic pay for an officer while serving as the Chief of the National Guard Bureau shall be the same as the rate of basic pay for the officers specified in Footnote 2 of the table entitled commissioned officers 37 U.S.C. 1009 section 205 (2) Senior Enlisted Advisor to the Chief of the National Guard Bureau (A) Subsection (a)(1) of section 685 of the National Defense Authorization Act for Fiscal Year 2006 (37 U.S.C. 205 note) is amended by inserting or as Senior Enlisted Advisor to the Chief of the National Guard Bureau Chairman of the Joint Chiefs of Staff (B) The heading of such section is amended by inserting and for the chief of the national guard bureau chairman of the joint chiefs of staff (C) The amendment made by subparagraph (A) shall apply to the individual who on the date of the enactment of this Act is serving as Senior Enlisted Advisor to the Chief of the National Guard Bureau effective as of the date on which the assignment of that individual to that position began. (b) Pay during terminal leave and while hospitalized Section 210 (1) in subsection (a), by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau that armed force (2) in subsection (c), by striking paragraph (6). (c) Personal money allowance Section 414 (1) in subsection (a)(5)— (A) by striking or Commandant of the Coast Guard (B) by inserting , or Chief of the National Guard Bureau Commandant of the Coast Guard (2) in subsection (c)— (A) by striking or the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff (B) by inserting , or the Senior Enlisted Advisor to the Chief of the National Guard Bureau Chiefs of Staff (d) Retired base pay Section 1406(i) (1) in the subsection heading, by inserting chief of the national guard bureau, chiefs of service, (2) in paragraph (1)— (A) by inserting the Chief of the National Guard Bureau, Chief of Service, (B) by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau of an armed force (3) in paragraph (3), by striking clause (vi) of subparagraph (B). 603. Revision to method of computation of basic allowance for housing Paragraph (3) of section 403(b) (3) (A) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between— (i) the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and (ii) the amount equal to a specified percentage (determined under subparagraph (B)) of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member. (B) The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed 5 percent. . B Bonuses and Special and Incentive Pays 611. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to Reserve Forces The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”: (1) Section 308b(g), relating to Selected Reserve reenlistment bonus. (2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus. (3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units. (4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service. (5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service. (6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service. (7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Title 37 authorities relating to health care professionals The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 302c–1(f), relating to accession and retention bonuses for psychologists. (2) Section 302d(a)(1), relating to accession bonus for registered nurses. (3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists. (4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties. (5) Section 302h(a)(1), relating to accession bonus for dental officers. (6) Section 302j(a), relating to accession bonus for pharmacy officers. (7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties. (8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties. (d) Authorities relating to nuclear officers The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. (2) Section 312b(c), relating to nuclear career accession bonus. (3) Section 312c(d), relating to nuclear career annual incentive bonus. (e) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers. (4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (5) Section 335(k), relating to bonus and incentive pay authorities for officers in health professions. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (f) Other title 37 bonus and special pay authorities The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 301b(a), relating to aviation officer retention bonus. (2) Section 307a(g), relating to assignment incentive pay. (3) Section 308(g), relating to reenlistment bonus for active members. (4) Section 309(e), relating to enlistment bonus. (5) Section 324(g), relating to accession bonus for new officers in critical skills. (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. (7) Section 327(h), relating to incentive bonus for transfer between the armed forces. (8) Section 330(f), relating to accession bonus for officer candidates. (9) Section 403(b)(7)(E), relating to basic allowance for housing. C Travel and Transportation Allowances 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel (a) Authority Subsection (e) of section 5911 (1) by striking The head (1) Except as provided in paragraph (2), the head (2) by adding at the end the following new paragraph: (2) (A) The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the Secretary’s jurisdiction performing duty on official travel to occupy adequate quarters on a rental basis when available. (B) A requirement under subparagraph (A) with respect to an employee of the Department of Defense may not be construed to be subject to negotiation under chapter 71 of this title. . (b) Definition of quarters Subsection (a)(5) of such section is amended by inserting or commercial lodging arranged through a Government lodging program leased by the Government 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services (a) Incorporation of IRS rate as single standard mileage rate applicable to automobiles Section 5704(a)(1) established by the Administrator shall not exceed shall be (b) Establishment of mileage reimbursement rates (1) Elimination of automobiles from periodic investigations of cost of travel Paragraph (1)(A) of section 5707(b) (A) by striking , in consultation with the Secretary of Transportation, the Secretary of Defense, and representatives of organizations of employees of the Government, (B) by striking vehicles to airplanes and privately owned motorcycles by (2) Reimbursement rate for automobiles Paragraph (2)(A)(i) of such section is amended by striking prescribe a mileage reimbursement rate which reflects the current costs as determined by the Administrator of operating privately owned automobiles, and which shall not exceed, provide that the mileage reimbursement rate for privately owned automobiles, VII HEALTHCARE PROVISIONS A TRICARE and Other Health Care Benefits 701. Consolidated TRICARE health plan (a) Freedom of choice for TRICARE points of service Chapter 55 section 1073b 1073c. TRICARE program: freedom of choice for points of service (a) Freedom of choice A covered beneficiary may choose to receive care from any of the points of service specified in subsection (b), subject to availability. (b) Points of service The TRICARE program has three points of service through which medical and dental care and health benefits are provided, as follows: (1) Facilities of the uniformed services. (2) Entities with which the Secretary of Defense has contracted for the delivery of health care under this chapter. (3) Entities other than those described in paragraphs (1) and (2). . (b) TRICARE cost-Sharing requirements Such chapter is further amended by inserting after section 1074m the following new section: 1075. TRICARE program: cost-sharing requirements (a) In general This section establishes cost-sharing requirements for beneficiaries under the TRICARE program. (b) Beneficiaries for cost-Sharing purposes (1) Beneficiary categories The beneficiary categories for purposes of cost-sharing requirements under the TRICARE program are as follows: (A) Category 1: Active-duty members Category 1 consists of beneficiaries who are covered by section 1074(a) (B) Category 2: Members of the selected reserve; Dependents of active-duty members Category 2 consists of beneficiaries who are covered by section 1076d 1079 (C) Category 3: Disability retirees & family members; family members of persons dying on active duty Category 3 consists of beneficiaries (other than Category 5 beneficiaries) who are— (i) covered by section 1086(c)(1) (ii) covered by section 1086(c)(2) (D) Category 4: Other retirees & family members Category 4 consists of beneficiaries covered by section 1086(c) (E) Category 5: Medicare-eligible beneficiaries Category 5 consists of beneficiaries who are described in section 1086(d)(2) (2) Junior enlisted beneficiaries A beneficiary is a junior enlisted beneficiary if the beneficiary is— (A) a Category 2 beneficiary who is a dependent of a member in pay grade E–1 through E–4; (B) a Category 2 beneficiary who is a member of the Selected Reserve of the Ready Reserve in pay grade E–1 through E–4; (C) a Category 3 beneficiary who retired under chapter 61 (D) a Category 3 beneficiary who is covered by section 1086(c)(2) (c) Inapplicability of cost-Sharing requirements to certain beneficiaries and categories of care (1) Category 1 beneficiaries There are no cost-sharing requirements under this section for Category 1 beneficiaries. (2) Category 5 beneficiaries Cost sharing under this section does not apply to a Category 5 beneficiary for care covered by section 1086(d)(3) (3) Extended health-care services Cost sharing under this section does not apply to extended health care services under section 1079(d) and (e) of this title. (4) Other programs This section does not apply to premiums established under this chapter under sections other than 1079 and 1086. For a program under this chapter for which such a premium applies, the enrollment fee under subsection (e) does not apply. (d) Special rules (1) Pharmacy Benefits Program Required copayments for services under the Pharmacy Benefits Program are set forth in section 1074g of this title. The enrollment fee, deductible, and catastrophic cap under this section apply to the Pharmacy Benefits Program under that section. (2) Calendar year enrollment period Enrollment fees, deductible amounts, and catastrophic caps under this section are on a calendar-year basis. (3) Crediting of amounts received Amounts received under this section for care provided by a facility of the uniformed services shall be deposited to the credit of the appropriation supporting the maintenance and operation of that facility. (e) Annual enrollment fee for Category 4 beneficiaries (1) Requirement As a condition of eligibility for the TRICARE program in any year (including care in facilities of the uniformed services and pharmacy benefits under section 1074g of this title), a Category 4 beneficiary shall pay an enrollment fee for that year. (2) Amount The amount of such fee for any year is the baseline amount as adjusted under subsection (j). The baseline amount is the amount that would have been charged for enrollment in TRICARE Prime during fiscal year 2016 under section 1097 (f) Annual deductible (1) Requirement For a Category 2, 3, or 4 beneficiary, the cost-sharing requirements applicable under this section include an annual deductible of the charges for care received under the TRICARE program during a year. (2) Exclusion Any charge paid with respect to care provided in a facility of the uniformed services shall not be applied to the annual deductible. (3) Amount The amount of the annual deductible for a beneficiary is the following: (A) $150 per person, with a maximum of $300 per family group of two or more persons, for a junior enlisted beneficiary. (B) $300 per person, with a maximum of $600 per family group of two or more persons, for all other beneficiaries subject to this subsection. (g) Catastrophic cap (1) Requirement The total amount of cost sharing required to be paid by a beneficiary under the TRICARE program for a year is limited to a maximum amount, referred to as a catastrophic cap. (2) Exclusion An enrollment fee paid under subsection (e) shall not be counted toward the catastrophic cap. (3) Amount The catastrophic cap has been reached for a beneficiary during a year if the total amount of cost sharing requirements (other than an enrollment fee paid under subsection (e)) incurred under the TRICARE program by all beneficiaries in the beneficiary’s family group during that year is the following: (A) For a Category 2 or 3 beneficiary, $1,500 for health care provided by network providers or $2,500 for all health care. (B) For a Category 4 beneficiary, $3,000 for health care provided by military treatment facilities and network providers or $5,000 for all health care. (h) Outpatient cost sharing (1) In general A Category 2, 3, or 4 beneficiary shall be subject to cost-sharing for outpatient care in accordance with the amounts and percentages under the following table, as such amounts are adjusted under subsection (j): Services TRICARE Network Providers and Out-of-Network Junior Category Category Category Category a b Clinical preventive services a $0 $0 $0 $0 $0 Primary care visit $0 FUS visit; $0 FUS visit; $10 FUS visit; 20% b 25% b Specialty care visit (including PT, OT, speech) $0 FUS visit or network behavioral health group visit; $0 FUS visit or network behavioral health group visit; $20 FUS visit or network behavioral health group visit; 20% b 25% b Urgent care center $0 FUS visit; $0 FUS visit; $30 FUS visit; 20% b 25% b Emergency department $0 FUS visit; $0 FUS visit; $50 FUS visit; 20% b 25% b Ambulance $10 trip, FUS or network $15 trip, FUS or network $20 trip, FUS or network 20% b 25% b DME, prosthetics, or­thot­ics, and supplies 10% of negotiated network fee 10% of negotiated network fee 20% of FUS cost or network negotiated fee 20% b 25% b Ambulatory surgery $0 FUS; $0 FUS; $50 FUS; 20% b 25% b (2) Special rule for Category 2 beneficiaries in remote locations In the case of a Category 2 beneficiary who resides with the active-duty member from whom such beneficiary’s eligibility is derived at a duty location remote from an area in which services are provided by a network provider, network cost sharing amounts under the table in paragraph (2) apply, notwithstanding that care was provided by an out-of-network provider. (i) Inpatient cost sharing A Category 2, 3, or 4 beneficiary shall be subject to cost sharing for inpatient care in accordance with the amounts and percentages under the following table, as such amounts are adjusted under subsection (j): Services TRICARE Network Providers and Out-of-Network Junior Category Category Junior Category Category a b Hospitalization $17.35 FUS per day; $17.35 FUS per day; $17.35 FUS per day; 20% a 20% a 25% a Inpatient skilled nursing/rehabilitation b $17 network per day $25 network per day $25 per day $25 per day $35 per day $250 per day or 20% a plus (j) Annual adjustment to certain cost-Sharing amounts (1) Adjustment For any year after 2016, the dollar amounts specified in paragraph (2) shall be equal to such dollar amounts increased by the percentage by which retired pay has been increased under section 1401a(b)(2) (2) Amounts subject to adjustment Paragraph (1) applies to the following: (A) The amount of the enrollment fee in effect under subsection (e). (B) Each deductible amount in effect under subsection (f). (C) Each catastrophic cap amount in effect under subsection (g). (D) Each amount in effect under subsection (h) for outpatient care. (E) Each amount in effect under subsection (i) for inpatient care. (k) Regulations (1) In general The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe regulations to carry out this section. (2) Matters to be included The regulations prescribed under paragraph (1) shall include the following: (A) Provisions to ensure, to the extent practicable, the availability of network providers to at least 85 percent of beneficiaries for whom the TRICARE program provides primary health benefits. (B) Provisions for an annual open season enrollment period and for enrollment modifications under appropriate circumstances. (C) Priorities for access to care in facilities of the uniformed services and other standards to ensure timely access to care. (3) Additional matters Those regulations may provide for TRICARE eligibility and alternate cost sharing for beneficiaries who are Category 2, 3, 4, or 5 beneficiaries who have other health insurance that provides primary health benefits. (4) Authority for additional provisions for effective and efficient administration Those regulations may include such other provisions as the Secretary determines appropriate for the effective and efficient administration of the TRICARE program, including any matter not specifically addressed in this chapter or any other law. (l) Definitions In this section: (1) The term network provider section 1073c(b)(2) (2) The term out-of-network provider section 1073c(b)(3) . (c) Transition rules for last quarter of calendar year 2015 With respect to cost sharing requirements applicable under sections 1079, 1086, or 1097 of title 10, United States Code, to a covered beneficiary under such sections during the period October 1, 2015, through December 31, 2015: (1) Any enrollment fee shall be one-fourth of the amount in effect during fiscal year 2015. (2) Any deductible amount applicable during fiscal year 2015 shall apply for the 15-month period of October 1, 2014, through December 31, 2015. (3) Any catastrophic cap applicable during fiscal year 2015 shall apply for the 15-month period of October 1, 2014, through December 31, 2015. (d) Repeal of superseded authorities The following provisions of law are repealed: (1) Section 1078 (2) Section 1097a (3) Section 1099 (4) Section 731 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 (e) Conforming amendments to Title 10, United States Code Title 10, United States Code is amended as follows: (1) Section 1072 (7) The term TRICARE program . (2) Section 1074(c)(2) the managed care option of the TRICARE program known as TRICARE Prime the TRICARE program (3) Section 1076d TRICARE Standard TRICARE Reserve Select (4) Section 1076e TRICARE Standard TRICARE Retired Reserve (5) Section 1076e is further amended by striking TRICARE Retired Reserve Coverage at age 60 TRICARE coverage at age 60 (6) Section 1079 (A) in subsection (b), by striking “of the following amounts:” and all that follows and inserting “of amounts as provided under section 1075 (B) by striking subsections (c), (g) and (p). (7) Section 1079a (A) by striking CHAMPUS TRICARE program (B) by striking the Civilian Health and Medical Program of the Uniformed Services the TRICARE program (8) Section 1086(b) contain the following include provisions for payment by the patient as provided under section 1075 (9) Section 1097(e) (e) Charges for health care Section 1075 . (f) Other conforming amendments (1) Section 721 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 (A) in paragraph (7), by striking the health plan known as the TRICARE PRIME (B) in paragraph (9), by striking all that follows The term TRICARE program has the meaning given that term in section 1072(7) (2) Section 723(a) of such Act ( Public Law 104–201 10 U.S.C. 1073 section 731 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 section 1075 of title 10, United States Code (3) Section 706 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 (A) in subsection (c), by striking Prime Remote (B) in subsection (d), by striking the TRICARE Standard plan the TRICARE program (g) Clerical amendments The table of sections at the beginning of chapter 55 (1) by inserting after the item relating to section 1073b the following new item: 1073c. TRICARE program; freedom of choice for points of service. ; (2) by inserting after the item relating to section 1074m the following new item: 1075. TRICARE program; cost-sharing requirements. ; (3) in the item relating to section 1076d, by striking TRICARE Standard TRICARE Reserve Select (4) in the item relating to section 1076e, by striking TRICARE Standard TRICARE Retired Reserve (5) in the item relating to section 1079a, by striking CHAMPUS TRICARE program (6) by striking the items relating to sections 1078, 1097a, and 1099. (h) Effective dates (1) In general Except as provided in paragraph (2), this section and the amendments made by the section shall take effect on January 1, 2016. (2) Transition rules Subsection (c) shall take effect on October 1, 2015. 702. Revisions to cost sharing requirements for TRICARE for life and the pharmacy benefits program (a) TRICARE for life enrollment fees Section 1086(d)(3) (D) (i) Beginning January 1, 2015, a person described in paragraph (2) (except as provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of eligibility for health care benefits under this section. Such enrollment fee shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in clause (ii)) of the annual retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee (specified in clause (iii)). (ii) The applicable percentage of retired pay shall be determined in accordance with the following table: For: The applicable The applicable 2015 0.50% 0.25% 2016 1.00% 0.50% 2017 1.50% 0.75% 2018 and after 2.00% 1.00%. (iii) For any year 2015 through 2018, the applicable maximum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table: For: The applicable The applicable 2015 $200 $150 2016 $400 $300 2017 $600 $450 2018 $800 $600. (iv) For any year after 2018, the applicable maximum enrollment fee shall be equal to the maximum enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a(b)(2) (v) The applicable maximum enrollment fee for an individual shall be one-half the corresponding maximum fee for a family group of two or more persons (as determined under clauses (iii) and (iv)). (vi) Clause (i) shall not apply to a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 (vii) Clause (i) also shall not apply to a person who, prior to the date of the enactment of this subparagraph, met the conditions described in paragraph (2)(A) and (B). . (b) TRICARE pharmacy program requirements (1) Availability of pharmaceutical agents through national mail-order pharmacy program Section 1074g(a)(5) (A) by striking at least one of the means described in paragraph (2)(E) the national mail-order pharmacy program (B) by striking may include shall include cost sharing by the eligible covered beneficiary as specified in paragraph (6). (2) Cost sharing amounts Section 1074g(a)(6) (6) (A) In the case of any of the years 2015 through 2024, the cost sharing amounts referred to in paragraph (5) shall be determined in accordance with the following table: For: The cost The cost The cost The cost The cost 2015 $5 $26 $0 $26 $51 2016 $6 $28 $0 $28 $54 2017 $7 $30 $0 $30 $58 2018 $8 $32 $0 $32 $62 2019 $9 $34 $9 $34 $66 2020 $10 $36 $10 $36 $70 2021 $11 $38 $11 $38 $75 2022 $12 $40 $12 $40 $80 2023 $13 $43 $13 $43 $85 2024 $14 $45 $14 $45 $90. (B) For any year after 2024, the cost sharing amounts referred to in paragraph (5) shall be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar. (C) Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in paragraph (5) for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost sharing amounts, if any, for fiscal year 2014. . (c) Refills of prescription maintenance medications through the National Mail Order Pharmacy Program (1) In general Under the authority of section 1092 (2) Medications covered (A) Determination The Secretary shall determine the maintenance medications subject to the requirement under paragraph (1). (B) Supply In carrying out the requirement under paragraph (1), the Secretary shall ensure that the medications subject to the requirement under paragraph (1) are— (i) generally available to eligible covered beneficiaries through retail pharmacies only for an initial filling of a 30-day or less supply; and (ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program. (C) Exemption The Secretary may exempt the following prescription maintenance medications from the requirements in subparagraph (B): (i) Medications that are for acute care needs. (ii) Such other medications as the Secretary determines appropriate. (d) Authority To adjust payments into the Medicare-Eligible Retiree Health Care Fund Section 1116 (e) (1) During any fiscal year, if the Secretary of Defense determines that the amount certified under subsection (c) is no longer accurate because of a significant change in circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount determined in accordance with subsection (b)(2) to the Secretary of the Treasury. (2) If the Secretary of Defense makes a certification under paragraph (1), each other administering Secretary shall make and advise the Secretary of the Treasury of a revised determination, consistent with section 1111(c) (3) If a certification and determination are made under paragraphs (1) and (2), the Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference between the amount paid into the Fund under subsection (a) and the amount certified or determined by the administering Secretary under paragraph (1) or (2). . B Health Care Administration 711. Designation and responsibilities of Senior Medical Advisor for Armed Forces Retirement Home (a) Designation of Senior Medical Advisor Subsection (a) of section 1513A of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 413a (1) in paragraph (1), by striking Deputy Director of the TRICARE Management Activity Deputy Director of the Defense Health Agency (2) in paragraph (2), by striking Deputy Director of the TRICARE Management Activity Deputy Director of the Defense Health Agency (b) Clarification of responsibilities and duties of Senior Medical Advisor Subsection (c)(2) of such section is amended by striking health care standards of the Department of Veterans Affairs nationally recognized health care standards and requirements 712. Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund Subsection (e) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 September 30, 2015 September 30, 2016 713. Parity in provision of inpatient mental health services with other inpatient medical services (a) Elimination of inpatient day limits in provision of mental health services Section 1079 (1) by striking paragraph (6) of subsection (a); and (2) by striking subsection (i). (b) Waiver of nonavailbility statement for mental health services Section 721(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 10 U.S.C. 1073 (other than mental health services) VIII Acquisition policy, acquisition management, and related matters A Acquisition policy and management 801. Three-year extension of authority for Joint Urgent Operational Needs Fund Section 2216a(e) September 30, 2015 September 30, 2018 802. Five-year extension of Defense Production Act of 1950 Section 717(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2166(a) September 30, 2014 September 30, 2019 803. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration (a) Purpose The purpose of this section is to provide the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration with an effective administrative remedy to obtain recompense for the Department of Defense and the National Aeronautics and Space Administration for losses resulting from the submission to the Department or the Administration, respectively, of false, fictitious, or fraudulent claims and statements. (b) Program fraud civil remedies (1) In general Chapter IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 163 the following new chapter: 164 Administrative remedies for false claims and statements Sec. 2751. Applicability of chapter; definitions. 2752. False claims and statements; liability. 2753. Hearing and determinations. 2754. Payment; interest on late payments. 2755. Judicial review. 2756. Collection of civil penalties and assessments. 2757. Right to administrative offset. 2758. Limitations. 2759. Effect on other laws. 2751. Applicability of chapter; definitions (a) Applicability of chapter This chapter applies to the following agencies: (1) The Department of Defense. (2) The National Aeronautics and Space Administration. (b) Definitions In this chapter: (1) Head of an agency The term head of an agency (2) Claim The term claim (A) made to the head of an agency for property, services, or money (including money representing grants, loans, insurance, or benefits); (B) made to a recipient of property, services, or money received directly or indirectly from the head of an agency or to a party to a contract with the head of an agency— (i) for property or services if the United States— (I) provided such property or services; (II) provided any portion of the funds for the purchase of such property or services; or (III) will reimburse such recipient or party for the purchase of such property or services; or (ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States— (I) provided any portion of the money requested or demanded; or (II) will reimburse such recipient or party for any portion of the money paid on such request or demand; or (C) made to the head of an agency which has the effect of decreasing an obligation to pay or account for property, services, or money. (3) Knows or has reason to know The term knows or has reason to know section 2752 (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or (C) acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required. (4) Responsible official The term responsible official (5) Respondent The term respondent section 2752 (6) Statement The term statement (A) with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or (B) with respect to (including relating to eligibility for)— (i) a contract with, or a bid or proposal for a contract with the head of an agency; or (ii) a grant, loan, or benefit from the head of an agency. (c) Claims For purposes of paragraph (2) of subsection (b)— (1) each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim; (2) each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and (3) a claim shall be considered made, presented, or submitted to the head of an agency, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority, recipient, or party. (d) Statements For purposes of paragraph (6) of subsection (b)— (1) each written representation, certification, or affirmation constitutes a separate statement; and (2) a statement shall be considered made, presented, or submitted to the head of an agency when such statement is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority. 2752. False claims and statements; liability (a) False claims Any person who makes, presents, or submits, or causes to be made, presented, or submitted, to the head of an agency a claim that the person knows or has reason to know— (1) is false, fictitious, or fraudulent; (2) includes or is supported by any written statement which asserts a material fact that is false, fictitious, or fraudulent; (3) includes or is supported by any written statement that— (A) omits a material fact; (B) is false, fictitious, or fraudulent as a result of such omission; and (C) the person making, presenting, or submitting such statement has a duty to include such material fact; or (4) is for payment for the provision of property or services which the person has not provided as claimed, shall, in addition to any other remedy that may be prescribed by law, be subject to a civil penalty of not more than $5,000 for each such claim. Such person shall also be subject to an assessment of not more than twice the amount of such claim, or the portion of such claim which is determined by the responsible official to be in violation of the preceding sentence. (b) False statements Any person who makes, presents, submits, or causes to be made, presented, or submitted, a written statement in conjunction with a procurement program or acquisition of an agency named in section 2751(a) (1) the person knows or has reason to know— (A) asserts a material fact that is false, fictitious, or fraudulent; or (B) (i) omits a material fact; and (ii) is false, fictitious, or fraudulent as a result of such omission; (2) in the case of a statement described in subparagraph (B) of paragraph (1), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and (3) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such statement. 2753. Hearing and determinations (a) Transmittal of notice to Attorney General If a responsible official determines that there is adequate evidence to believe that a person is liable under section 2752 (1) A statement of the reasons for initiating an action under this section. (2) A statement specifying the evidence which supports liability under section 2752 (3) A description of the claims or statements for which liability under section 2752 (4) An estimate of the penalties and assessments that will be demanded under section 2752 of this title. (5) A statement of any exculpatory or mitigating circumstances which may relate to such claims or statements. (b) Statement from Attorney General (1) Within 90 days after receipt of a notice from a responsible official under subsection (a), the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, shall transmit a written statement to the responsible official which specifies— (A) that the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, approves or disapproves initiating an action under this section based on the allegations of liability stated in such notice; and (B) in any case in which the initiation of an action under this section is disapproved, the reasons for such disapproval. (2) If at any time after the initiation of an action under this section the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, transmits to a responsible official a written determination that the continuation of any action under this section may adversely affect any pending or potential criminal or civil action, such action shall be immediately stayed and may be resumed only upon written authorization from the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General. (c) Limitation on amount of claim that may be pursued under this section No action shall be initiated under this section, nor shall any assessment be imposed under this section, if the total amount of the claim determined by the responsible official to violate section 2752(a) (d) Procedures for resolving claims (1) Upon receiving approval under subsection (b) to initiate an action under this section, the responsible official shall mail, by registered or certified mail, or other similar commercial means, or shall deliver, a notice to the person alleged to be liable under section 2752 (2) Within 30 days after receiving a notice under paragraph (1), or any additional period of time granted by the responsible official, the respondent may submit in person, in writing, or through a representative, facts and arguments in opposition to the allegations set forth in the notice, including any additional information that raises a genuine dispute of material fact. (3) If the respondent fails to respond within 30 days, or any additional time granted by the responsible official, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty and/or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. (4) If the respondent makes a timely submission, and the responsible official determines that the respondent has not raised any genuine dispute of material fact, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 (5) If the respondent makes a timely submission, and the responsible official determines that the respondent has raised a genuine dispute of material fact, the responsible official shall commence a hearing to resolve the genuinely disputed material facts by mailing by registered or certified mail, or other similar commercial means, or by hand delivery of, a notice informing the respondent of— (A) the time, place, and nature of the hearing; (B) the legal authority under which the hearing is to be held; (C) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and (D) a description of the procedures for the conduct of the hearing. (6) The responsible official and any person against whom liability is asserted under this chapter may agree to a compromise or settle an action at any time. Any compromise or settlement must be in writing. (e) Respondent entitled to copy of the record At any time after receiving a notice under paragraph (1) of subsection (d), the respondent shall be entitled to a copy of the entire record before the responsible official. (f) Hearings Any hearing commenced under this section shall be conducted by the responsible official, or a fact-finder designated by the responsible official, solely to resolve genuinely disputed material facts identified by the responsible official and set forth in the notice to the respondent. (g) Procedures for hearings (1) Each hearing shall be conducted under procedures prescribed by the head of the agency. Such procedures shall include the following: (A) The provision of written notice of the hearing to the respondent, including written notice of— (i) the time, place, and nature of the hearing; (ii) the legal authority under which the hearing is to be held; (iii) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and (iv) a description of the procedures for the conduct of the hearing. (B) The opportunity for the respondent to present facts and arguments through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required to resolve any genuinely disputed material facts identified by the responsible official. (C) The opportunity for the respondent to be accompanied, represented, and advised by counsel or such other qualified representative as the Secretary may specify in such regulations. (2) For the purpose of conducting hearings under this section, the responsible official is authorized to administer oaths or affirmations. (3) Hearings shall be held at the responsible official's office, or at such other place as may be agreed upon by the respondent and the responsible official. (h) Decision following hearing The responsible official shall issue a written decision within 60 days after the conclusion of the hearing. That decision shall set forth specific findings of fact resolving the genuinely disputed material facts that were the subject of the hearing. The written decision shall also dispose of the matters raised in the notice required under paragraph (1) of subsection (d). If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any decisions issued under this subparagraph shall be based on the record before the responsible official and shall be supported by a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. 2754. Payment; interest on late payments (a) Payment of assessments and penalties A respondent shall render payment of any assessment and penalty imposed by a responsible official, or any amount otherwise agreed to as part of a settlement or adjustment, not later than the date— (1) that is 30 days after the date of the receipt by the respondent of the responsible official's decision; or (2) as otherwise agreed to by the respondent and the responsible official. (b) Interest If there is an unpaid balance as of the date determined under paragraph (1), interest shall accrue from that date on any unpaid balance. The rate of interest charged shall be the rate in effect as of that date that is published by the Secretary of the Treasury under section 3717 (c) Treatment of receipts All penalties, assessments, or interest paid, collected, or otherwise recovered under this chapter shall be deposited into the Treasury as miscellaneous receipts as provided in section 3302 2755. Judicial review A decision by a responsible official under section 2753(d) 2753(h) 2756. Collection of civil penalties and assessments (a) Judicial enforcement of civil penalties and assessments The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed under this chapter. (b) Civil actions for recovery Any penalty or assessment imposed in a decision by a responsible official, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a proceeding under this chapter or pursuant to judicial review under section 2755 (c) Jurisdiction of United States District Courts The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b). (d) Joining and consolidating actions Any action under subsection (b) may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States, and the person against whom such action may be brought. (e) Jurisdiction of United States Court of Federal Claims The United States Court of Federal Claims shall have jurisdiction of any action under subsection (b) to recover any penalty or assessment, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. The counterclaim need not relate to the subject matter of the underlying claim. 2757. Right to administrative offset The amount of any penalty or assessment that has been imposed by a responsible official, or any amount agreed upon in a settlement or compromise, along with any accrued interest, may be collected by administrative offset. 2758. Limitations (a) Limitation on period for initiation of administrative action An action under section 2752 (b) Limitation period for initiation of civil action for recovery of administrative penalty or assessment A civil action to recover a penalty or assessment under section 2756 2759. Effect on other laws (a) Relationship to title 44 authorities This chapter does not diminish the responsibility of the head of an agency to comply with the provisions of chapter 35 (b) Relationship to title 31 authorities The procedures set forth in this chapter apply to the agencies named in section 2751(a) of this title in lieu of the procedures under chapter 38 (c) Relationship to other authorities Any action, inaction, or decision under this chapter shall be based solely upon the information before the responsible official and shall not limit or restrict any agency of the Government from instituting any other action arising outside this chapter, including suspension or debarment, based upon the same information. Any action, inaction or decision under this chapter shall not restrict the ability of the Attorney General to bring judicial action, based upon the same information as long as such action is not otherwise prohibited by law. . (2) Clerical amendment The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are each amended by inserting after the item relating to chapter 163 the following new item: 164. Administrative Remedies for False Claims and Statements 2751 . (c) Conforming amendments Section 3801(a)(1) (1) by inserting (other than the Department of Defense) executive department (2) by striking subparagraph (B); (3) by redesignating subparagraph (C) as subparagraph (B) and by inserting (other than the National Aeronautics and Space Administration) not an executive department (4) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively. (d) Effective date Chapter 164 804. Permanent authority for use of simplified acquisition procedures for certain commercial items Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104–106 B Amendments to general contract authorities, procedures, and limitations 811. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records (a) Authority Subsection (a)(1) of section 2313 , interview employees, is authorized to inspect the plant (b) Applicability The amendment made by subsection (a) shall apply with respect to contracts entered into after the effective date of a revision to the Federal Acquisition Regulation to implement the amendment. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 813) is amended by inserting United States Transportation Command, United States Southern Command, 813. Recharacterization of changes to major automated information system programs (a) Addition to covered determination of a significant change Subsection (c)(2) of section 2445c (1) by striking or (2) by striking the period at the end of subparagraph (C) and inserting ; or (3) by adding at the end the following new subparagraph: (D) the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest). . (b) Removal of covered determination of a critical change Subsection (d)(3) of such section is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B), (C), and (D) as subparagraph (A), (B), and (C), respectively. 814. Extension of special emergency procurement authority Section 1903(a) (1) by striking or (2) by striking the period at the end of paragraph (2) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (3) in support of a request from the Department of State or the United States Agency for International Development to facilitate the provision of humanitarian assistance, international disaster assistance, or other crisis-related assistance pursuant to the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). . 815. Extension of contract authority for advanced component development or prototype units (a) Extension of termination Subsection (b)(4) of section 819 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 10 U.S.C. 2302 September 30, 2014 September 30, 2019 (b) Extension of report requirement Subsection (c) of such section is amended by striking March 30, 2013 March 30, 2018 816. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain task or delivery order contracts (a) Contracting under title 41, United States Code Section 3306(c) (1) in paragraph (1), by inserting except as provided in paragraph (3), (2) by adding at the end the following new paragraphs: (3) Exceptions for certain indefinite delivery, indefinite quantity contracts If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 4103(d) (A) cost or price to the Federal Government need not, at the Government’s discretion, be considered under subparagraph (B) of paragraph (1) as an evaluation factor for the contract award; and (B) if, pursuant to subparagraph (A), cost or price to the Federal Government is not considered as an evaluation factor for the contract award— (i) the disclosure requirement of subparagraph (C) of paragraph (1) shall not apply; and (ii) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 4106(c) (4) Qualifying offeror defined In paragraph (3), the term ‘qualifying offeror’ means an offeror that— (A) is determined to be a responsible source; (B) submits a proposal that conforms to the requirements of the solicitation; and (C) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing. . (b) Contracting under title 10, United States Code Section 2305(a)(3) (1) in subparagraph (A), by inserting (except as provided in subparagraph (C)) shall (2) by adding at the end the following new subparagraphs: (C) If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 2304a(d)(1)(B) (i) cost or price to the Federal Government need not, at the Government’s discretion, be considered under clause (ii) of subparagraph (A) as an evaluation factor for the contract award; and (ii) if, pursuant to clause (i), cost or price to the Federal Government is not considered as an evaluation factor for the contract award— (I) the disclosure requirement of clause (iii) of subparagraph (A) shall not apply; and (II) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 2304c(b) (D) In subparagraph (C), the term qualifying offeror (i) is determined to be a responsible source; (ii) submits a proposal that conforms to the requirements of the solicitation; and (iii) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing. . 817. Authority for waiver of competitive prototyping requirement for major defense acquisition programs in case of programs with no risk reduction phase activities (a) Waiver authority Subsection (a) of section 203 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 10 U.S.C. 2430 (1) in paragraph (2)— (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): (A) on the basis that there are no risk reduction phase activities; ; and (2) in paragraph (3), by inserting other than on the basis that there are no risk reduction phase activities, pursuant to paragraph (2), (b) Conforming cross-Reference amendment Subsection (b)(1) of such section is amended by striking paragraph (2) paragraph (2)(B) (c) Repeal of obsolete references Subsection (a) of such section is further amended by striking (or Key Decision Point B approval in the case of a space program) (d) Technical amendments Such subsection is further amended in the matter preceding paragraph (1)— (1) by striking Not later than 90 days after the date of the enactment of this Act, the The (2) by striking modify provide for 818. Extension of authority for additional access to contractor and subcontractor records in a contingency operation (a) Extension of authority to additional regional combatant commands Section 842 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 2313 (1) in subsection (a)(3), by striking Commander of the United States Central Command commander of the covered combatant command concerned (2) in subsection (c)— (A) , striking the United States Central Command theater of operations the theater of operations of a covered combatant command (B) by adding at the end the following new paragraph: (3) The term covered combatant command (A) The United States Central Command. (B) The United States European Command. (C) The United States Southern Command. (D) The United States Pacific Command. (E) The United States Africa Command. (F) The United States Northern Command. . (b) Reduction in amount of covered contracts, agreements, etc Subsections (a)(4) and (c)(2) of such section are amended by striking $100,000 $50,000 (c) Clarification of geographic applicability Subsection (c)(2) of such section is further amended by inserting outside the United States (including its territories and possessions) and that will be performed (d) Extension of sunset date Subsection (d) of such section is amended by striking the date that is three years after the date of the enactment of this Act December 31, 2018 (e) Applicability Subsection (a) of such section is further amended— (1) by striking Not later than 30 days after the date of the enactment of this Act, the The (2) by striking revise require through (3) by striking to require (A) the clause that the clause (4) by striking that is awarded on (f) Conforming amendment The heading of such section is amended to read as follows: 842. Additional access to contractor and subcontractor records in a contingency operation . 819. Modification of limitations on procurement of photovoltaic devices by the Department of Defense Subsection (b)(1) of section 846 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 10 U.S.C. 2534 and or IX Department of Defense organization and management 901. Implementation of the December 2013 Secretary of Defense plan for reorganization of the Office of the Secretary of Defense and implementation of the elimination of Deputy Under Secretary of Defense positions (a) Redesignation of Assistant Secretary of Defense for Operational Energy Plans and Programs To reflect merger with Deputy Under Secretary of Defense for Installations and Environment; clarification of policy and responsibilities (1) Redesignation of position Paragraph (9) of sub section 138(b) (9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Installations, Energy, and Environment. The Assistant Secretary is the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to installations, energy, and environment. . (2) Transfer of policy provisions Chapter 173 (A) by adding at the end the following new section: 2926. Operational energy activities ; (B) by transferring paragraph (3) of section 138c(c) (C) in subsection (a) (as so inserted and redesignated)— (i) By inserting alternative fuel activities The Assistant Secretary (ii) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and (iii) in paragraph (5) (as so redesignated), by striking subsection (e)(4) subsection (c)(4) (D) by transferring subsections (d), (e), and (f) of section 138c (E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting of Defense for Installations, Energy, and Environment Assistant Secretary (F) in subsection (b) of section 2926 (as transferred and redesignated by subparagraph (D)), by striking provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments (3) Repeal of former provision Sections 138c of such title is repealed. (b) Deputy chief management officer Subsection (b) of section 132a (b) Responsibilities Subject to the authority, direction, and control of the Secretary of Defense, the Deputy Chief Management Officer shall perform such duties and exercise such powers as the Secretary may prescribe. The Deputy Chief Management Officer shall— (1) assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title and perform those duties assigned by the Secretary of Defense or delegated by the Deputy Secretary pursuant to section 904(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (2) assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as the Chief Operating Officer of the Department of Defense under section 1123 (3) establish policies for the strategic management and integration of the Department of Defense business operations and activities; (4) have the responsibilities specified for the Deputy Chief Management Officer for the purposes of section 2222 of this title; and (5) be the Performance Improvement Officer of the Department of Defense for the purposes of section 1124(a)(1) of title 31. . (c) Chief Information Officer of the Department of Defense (1) Statutory establishment of position Chapter 4 142. Chief Information Officer (a) There is a Chief Information Officer of the Department of Defense. (b) (1) The Chief Information Officer of the Department of Defense— (A) is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44; (B) has the responsibilities and duties specified in section 11315 (C) has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title. (2) The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe. (c) The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) . (2) Placement in the Office of the Secretary of Defense Section 131(b) (A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (B) by inserting after paragraph (4) the following new paragraph (5): (5) The Chief Information Officer of the Department of Defense. . (d) Repeal of requirement for Defense Business System Management Committee Section 186 (e) Assignment of responsibility for defense business systems Section 2222 (1) in subsection (a)— (A) by inserting and (B) by striking ; and (C) by striking paragraph (3); (2) in subsection (c)(1), by striking Defense Business Systems Management Committee investment review board established under subsection (g) (3) in subsection (g)— (A) in paragraph (1), by striking , not later than March 15, 2012, (B) in paragraph (2)(C), by striking each the (C) in paragraph (2)(F), by striking and the Defense Business Systems Management Committee, as required by section 186(c) (f) Deadline for establishment of investment review board and investment management process The investment review board and investment management process required by section 2222(g) of title 10, United States Code, as amended by subsection (e)(5), shall be established not later than March 15, 2015. (g) Elimination and integration of separate statutory sections for certain prescribed assistant secretary of defense positions Chapter 4 (1) Assistant Secretary of Defense for Logistics and Materiel Readiness Paragraph (7) of section 138(b) (A) by inserting after Readiness who shall be appointed from among persons with an extensive background in the sustainment of major weapons systems and combat support equipment (B) by striking the second sentence; (C) by transferring to the end of that paragraph (as amended by subparagraph (B)) the text of subsection (b) of section 138a (D) by transferring to the end of that paragraph (as amended by subparagraph (C)) the text of subsection (c) of section 138a (E) by redesignating paragraphs (1) through (3) in the text transferred by subparagraph (C) of this paragraph as subparagraphs (A) through (C), respectively. (2) Assistant Secretary of Defense for Research and Engineering Paragraph (8) of such section is amended— (A) by striking the second sentence and inserting the text of subsection (a) of section 138b; (B) by inserting after the text added by subparagraph (A) of this paragraph the following: The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, shall— (C) by transferring paragraphs (1) and (2) of subsection (b) of section 138b to the end of that paragraph (as amended by subparagraphs (A) and (B)), indenting those paragraphs 2 ems from the left margin, and redesignating those paragraphs as subparagraphs (A) and (B), respectively; (D) in subparagraph (A) (as so transferred and redesignated)— (i) by striking The Assistant Secretary Test and Evaluation, shall (ii) by striking the period at the end and inserting ; and (E) in subparagraph (B) (as so transferred and redesignated), by striking The Assistant Secretary Test and Evaluation, shall (3) Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs Paragraph (10) of such section is amended— (A) by striking the second sentence and inserting the text of subsection (b) of section 138d; and (B) by inserting after the text added by subparagraph (A) of this paragraph the text of subsection (a) of such section and in that text as so inserted— (i) by striking of Defense for Nuclear, Chemical, and Biological Defense Programs (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively. (4) Repeal of separate sections Sections 138a, 138b, and 138d are repealed. (h) Codification of restrictions on use of the Deputy Under Secretary of Defense title (1) Codification Section 137a(a) (3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense. . (2) Conforming repeal Section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 U.S.C. 137a (3) Conforming amendment for the Vacancy Reform Act of 1998 Section 137a(b) is absent or disabled dies, resigns, or is otherwise unable to perform the functions and duties of the office (i) Clarification of order of precedence for the principal Deputy Under Secretaries of Defense and the Assistant Secretaries of Defense (1) Subsection (d) of section 137a and the Deputy Chief Management Officer of the Department of Defense the Deputy Chief Management Officer of the Department of Defense, and the officials serving in the positions specified in section 131(b)(4) (2) Subsection (d) of section 138 and the Chief Information Officer of the Department of Defense section 131(b)(4) of this title (j) Conforming amendment to prior reduction in the number of Assistant Secretaries of Defense Section 5315 Assistant Secretaries of Defense (16) Assistant Secretaries of Defense (14) (k) Clerical and conforming amendments Title 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 4 (A) by striking the items relating to sections 138a, 138b, 138c, and 138d; and (B) by inserting after the item relating to section 141 the following new item: 142. Chief Information Officer. . (2) Section 131(b)(8), as redesignated by subsection (c)(2)(A), is amended— (A) by redesignating subparagraphs (A) through (H) as subparagraphs (B) through (I), respectively; and (B) by inserting before subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph (A): (A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) . (3) Section 132(b) is disabled or there is no Secretary of Defense dies, resigns, or is otherwise unable to perform the functions and duties of the office (4) The table of sections at the beginning of chapter 7 (5) The table of sections at the beginning of subchapter III of chapter 173 2926. Operational energy activities. . (6) Section 2925(b) Operational Energy Plans and Programs Installations, Energy, and Environment (l) References in other laws, etc Any reference in any provision or law other than title 10, United States Code, or in any rule, regulation, or other paper of the United States, to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment shall be treated as referring to the Assistant Secretary of Defense for Installations, Energy, and Environment. 902. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities (a) Permanent authority Section 431(a) (b) Period for required audits Section 432(b)(2) annually biennially 903. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad Section 926 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 904. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 10 U.S.C. 184 (1) in paragraph (1), by striking through 2014 through 2015 (2) by striking paragraphs (2) and (3). 905. One-year extension of authorization for non-conventional assisted recovery capabilities (a) Extension Subsection (h) of section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 Public Law 113–66 2015 2016 (b) Cross-Reference amendment Subsection (f) of such section is amended by striking 413b(e) 3093(e) 906. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad (a) Authority To engage in commercial activities as security for military operations Subsection (a) of section 431 and military operations intelligence collection activities (b) Congressional committee references (1) Definitions Subsection (c) of such section is amended by adding at the end the following new paragraphs: (3) The term congressional intelligence committees (4) The term appropriate congressional committees (A) with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for intelligence collection activities, the congressional defense committees and the congressional intelligence committees; and (B) with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for military operations, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. . (2) Conforming amendment Section 437 (c) Reporting of audits The second sentence of section 432(b)(2) The results of any such audit shall be promptly reported to the appropriate congressional committees. (d) Authority To waive other Federal laws when necessary To maintain security Section 433(b)(1) or military operation intelligence activity (e) Limitations Section 435 (1) in subsection (a), by inserting or military operation intelligence activity (2) in subsection (b), by inserting or military operations intelligence activities (f) Congressional oversight Section 437 congressional defense committees and the congressional intelligence committees appropriate congressional committees (g) Clerical amendments (1) Subchapter heading (A) The heading of subchapter II of chapter 21 II Defense commercial activities . (B) The item relating to that subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows: II. Defense Commercial Activities 431. . (2) Section heading (A) The heading of section 431 431. Authority to engage in commercial activities as security for intelligence collection activities and military operations . (B) The item relating to that section in the table of sections at the beginning of subchapter II of chapter 21 431. Authority to engage in commercial activities as security for intelligence collection activities and military operations. . 907. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining (a) Competition requirements for contracts Section 2304(c)(5) brand-name (b) Purpose of the commissary system Section 2481 (1) in subsection (a), by striking , at reduced prices, (2) in subsection (b)— (A) by inserting each intended (B) by inserting and provide access to products for life of (3) by striking subsection (d). (c) Criteria for establishment or closure of commissary stores (1) Criteria for establishment Subsection (a) of section 2482 (A) by inserting (1) Establishment. (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (C) in subparagraph (A), as so redesignated, by inserting outside the United States commissary store (D) by adding at the end the following new paragraph: (2) The feasibility of cost recovery shall be the primary consideration whenever the Secretary of Defense— (A) assesses the need to establish a commissary store in the United States; and (B) selects the actual location for the store. . (2) Criteria for closure Paragraph (1) of subsection (c) of such section is amended by striking Whenever assessing Whenever the Secretary of Defense is assessing whether to close a commissary store, the following shall be primary considerations in such assessment: (A) The extent by which the operation of the commissary store is able to recover costs. (B) The effect of the closure on the quality of life of members of the armed forces on active duty and their dependents who use the store and on the welfare and security of the military community in which the commissary is located. . (d) Financing of commissary system operating expenses and inventories (1) In general Section 2483 2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories (a) Operation of agency and system Except as otherwise provided in this title, working capital funds established under section 2208 of this title shall be used to fund the operations and merchandise resale inventories of the defense commissary system. Those working capital funds shall be credited with such amounts as are appropriated for such purposes and with receipts described in subsections (c) and (d). (b) Operating expenses Working capital funds established under section 2208 of this title shall be used to finance operating expenses of the defense commissary system and the acquisition of merchandise resale inventories. Operating expenses of the defense commissary system include the following: (1) Salaries and wages of employees of the United States, host nations, and contractors supporting commissary store operations. (2) Utilities. (3) Communications. (4) Operating supplies and services. (5) Second destination transportation costs as authorized by section 2643 of this title. (6) Any cost associated with above-store-level management or other indirect support of a commissary store or a central product processing facility, including equipment maintenance and information technology costs. (c) Funding of commissary operations (1) The defense commissary system shall be managed with the objectives of attaining— (A) uniform system-wide pricing; and (B) a proportional allocation of funding sources for operating expenses. (2) The Secretary of Defense shall seek to achieve the objective of attaining a proportional allocation of funding sources for operating expenses for the defense commissary system as follows: (A) The Secretary shall prepare an estimation of the portion of the total operating expenses for the defense commissary system that are allocable to operations overseas and at commissaries within the United States that are designated by the Secretary for appropriated fund support. (B) The portion of operating expenses estimated under subparagraph (A) shall be programmed to be financed through annual appropriations for defense working capital funds. (C) The estimation of the remaining portion of operating expenses for the defense commissary system shall be financed as described in paragraph (3) and shall be used to establish prices for commissary merchandise and services consistent with the objective of attaining uniform system-wide pricing. (3) The portion of operating expenses for the defense commissary system that are not financed from appropriations for defense working capital funds shall be financed from receipts from the following (and from the exercise of authority provided by section 2208 of this title): (A) The sale of products. (B) The sale of services. (C) Such other receipts generated from commissary activities, except for surcharge collections authorized by section 2484(e) of this title, as designated by the Secretary of Defense. (d) Funding of merchandise resale inventories Prices established for resale merchandise shall include amounts sufficient to finance replenishment of inventories. . (2) Clerical amendment The item relating to such section in the table of sections at the beginning of subchapter I of chapter 147 2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories. . (e) Merchandise and pricing Section 2484 (1) by striking subsection (f); (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection (d): (d) Fee for services The Secretary of Defense may apply an additional user fee for services provided to commissary customers on orders of merchandise sold in commissary stores by electronic or mobile commerce methods commonly used in the retail supermarket sector. ; (4) in subsection (c)(3)— (A) in subparagraph (A), by striking subsections (d) and (e) subsections (e) and (f) (B) in subparagraph (B), by striking subsection (d) subsection (e) (5) in subsection (e), as redesignated by paragraph (2), by striking subsection (e) subsection (f) (6) by amending subsection (f), as redesignated by paragraph (2), to read as follows: (f) Sales price establishment The Secretary of Defense shall establish the sales price of merchandise sold in, at, or by commissary stores in amounts sufficient to finance operating expenses as prescribed in section 2483(b) ; (7) in subsection (g)— (A) by striking subsections (d) and (e) subsections (e) and (f) (B) by striking subsection (d) subsection (e) (8) in subsection (h)— (A) by striking subsection (d) subsection (e) (B) by striking paragraph (5). (f) Operation of commissaries (1) Operation by private persons Subsection (a) of section 2485 (a) Operation by private persons (1) Authority When patron savings can be improved, or operating costs reduced, the Secretary of Defense may contract with private persons to operate selected commissary store functions. (2) Limitation The following functions may not be contracted for operation by a private person under paragraph (1): (A) Functions relating to the procurement of products to be sold in a commissary store, except for a full or substantially full product line acquired for resale from a wholesaler, distributor, or similar vendor. (B) Functions relating to the overall management of a commissary system or the management of a commissary store. (3) Performance of functions excluded from performance by private persons Functions specified in paragraph (2) shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense. . (2) Contracts with other agencies and instrumentalities Subsection (b) of such section is amended— (A) by striking (1) The Defense (B) by inserting goods or provide or obtain (C) by striking service provided by the United States Transportation Command good or service provided by any entity of the United States in (D) by striking paragraph (2). (3) Repeal of superceded provisions Such section is further amended— (A) in subsection (g), by striking paragraphs (3), (4), and (5); and (B) in subsection (h), by striking paragraph (5). (4) Conforming cross-reference amendments Paragraphs (3) and (4) of subsection (e) of such section are amended by striking section 2484(d) section 2484(e) (g) Repeal of obsolete authority (1) In general Section 2685 (2) Clerical amendment The table of sections at the beginning of chapter 159 (h) Overseas transportation Section 2643(b) (1) in the first sentence, by striking appropriated funds defense working capital funds (2) in the second sentence— (A) by striking also (B) by inserting commissary and transporting (i) Supervision of commissary construction projects Section 2851(b) However, a project for the construction of a commissary store, a commissary central product processing facility, or a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities authorized under section 2484(h) X General provisions A Financial matters 1001. Authority for use of amounts recovered for damage to Government property (a) Extension to personal property The first sentence of section 2782 real property Government property (b) Availability of recovered funds The second sentence of such section is amended— (1) by striking In such amounts as are provided in advance in appropriation Acts, amounts Amounts (2) by inserting merged with, and available for use (3) by inserting and for the same period same purposes (4) by inserting a comma after circumstances as (c) Clerical amendments (1) Section heading The heading of such section is amended by striking real Government (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows: 2782. Damage to Government property; disposition of amounts recovered. . B Counter-Drug activities 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 Public Law 113–66 (1) in subsection (a)(1), by striking In fiscal years 2005 through 2014, During the period ending on December 31, 2017, (2) in subsection (c), by striking in fiscal years 2005 through 2014 during the period ending on December 31, 2017, C Naval vessels and shipyards 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning Section 5942(a) (1) by inserting (1) (a) (2) by adding at the end the following new paragraph: (2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal. . 1022. Ensuring operational readiness of littoral combat ships on extended deployments (a) Authority Subsection (a) of section 7310 (1) by inserting under the jurisdiction of the Secretary of the Navy Vessels (2) by striking A naval vessel (1) Except as provided in paragraph (2), a naval vessel (3) by adding at the end the following new paragraph: (2) (A) Subject to subparagraph (B), in the case of a naval vessel that is classified as a Littoral Combat Ship and that is operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel— (i) in a foreign shipyard; (ii) at a facility outside of a foreign shipyard; or (iii) at any other facility convenient to the vessel. (B) (i) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) only if the work is performed by United States Government personnel or United States contractor personnel. (ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy. . (b) Definitions Such section is further amended by adding at the end the following new subsection: (d) Definitions In this section: (1) The term corrective and preventive maintenance or repair (A) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and (B) scheduled maintenance or repair actions intended to prevent or discover functional failures, including scheduled periodic maintenance requirements and integrated class maintenance plan tasks that are time-directed maintenance actions. (2) The term facilities maintenance (A) preservation or corrosion control efforts, encompassing surface preparation and preservation of the structural facility to minimize effects of corrosion; and (B) cleaning services, encompassing— (i) light surface cleaning of ship structures and compartments; and (ii) deep cleaning of bilges to remove dirt, oily waste, and other foreign matter. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions . (2) Table of sections The table of sections at the beginning of chapter 633 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions. . 1023. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy (a) In general Chapter 645 7525. Limited coastwise trade (a) Definition In his section, the term contractor-owned vessel (1) was built in the United States; (2) is owned or operated by an individual or entity that— (A) is under contract with the Navy to construct, maintain, or repair a vessel of the Navy; and (B) in conjunction with such contract, is operating under a special security agreement with the Secretary of Defense; (3) is used, pursuant to such contract, to construct, maintain, or repair a vessel of the Navy; and (4) is manned by United States citizens. (b) In general A contractor-owned vessel may, at the direction of the Secretary of the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such vessel. (c) Notice The Secretary of the Navy shall provide notice to the Secretary of Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage in coastwise trade. (d) Limitation An authorization to engage in coastwise trade pursuant to this section shall be non-transferrable and shall expire— (1) on the date of the sale of the contractor-owned vessel; (2) on the date of the contract with the Navy to construct, maintain, or repair a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or (3) in the event that the Secretary of Defense terminates the special security agreement with the contractor that owns the vessel. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 7525. Limited coastwise trade. . D Sexual assault prevention and response related reforms 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system Section 543(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1562 (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings Section 586 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 1561 (f) Return of personal property upon completion of related proceedings Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the armed forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident. . E Other matters 1041. Technical and clerical amendments (a) Amendment to National Defense Authorization Act for Fiscal Year 2013 Effective as of January 2, 2013, and as if included therein as enacted, section 604(b)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1774) is amended by striking the National Defense Authorization Act for Fiscal Year 2013 this Act (b) Amendments to title 10, United States Code, To reflect enactment of title 41, United States Code Title 10, United States Code, is amended as follows: (1) Section 2013(a)(1) section 6101(b)–(d) of title 41 section 6101 of title 41 (2) Section 2302 (A) in paragraph (7), by striking section 4 of such Act such section (B) in paragraph (9)(A)— (i) by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41 (ii) by striking such section such chapter (3) Section 2306a(b)(3)(B) section 4(12)(C)(i) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(C)(i) section 103(3)(A) of title 41 (4) Section 2314 Sections 6101(b)–(d) Sections 6101 (5) Section 2321(f)(2) section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (6) Section 2359b(k)(4)(A) section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 110 of title 41 (7) Section 2379 (A) in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41 (B) in subsections (b) and (c)(1), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (8) Section 2410m(b)(1) (A) in subparagraph (A)(i), by striking section 7 of such Act section 7104(a) of such title (B) in subparagraph (B)(ii), by striking section 7 of the Contract Disputes Act of 1978 section 7104(a) of title 41 (9) Section 2533(a) such Act chapter 83 of such title (10) Section 2533b (A) in subsection (h)— (i) in paragraph (1), by striking sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431) sections 1906 and 1907 of title 41 (ii) in paragraph (2), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (B) in subsection (m)— (i) in paragraph (2), by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 105 of title 41 (ii) in paragraph (3), by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 131 of title 41 (iii) in paragraph (5), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (11) Section 2545(1) section 4(16) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(16) section 131 of title 41 (12) Section 7312(f) Section 3709 of the Revised Statutes ( 41 U.S.C. 5 Section 6101 of title 41 (c) Amendments to other defense-Related statutes To reflect enactment of title 41, United States Code (1) The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (A) Section 846(a) ( 10 U.S.C. 2534 (i) by striking the Buy American Act ( 41 U.S.C. 10a et seq. chapter 83 of title 41, United States Code (ii) by striking that Act that chapter (B) Section 866 ( 10 U.S.C. 2302 (i) in subsection (b)(4)(A), by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41, United States Code (ii) in subsection (e)(2)(A), by striking section 4(13) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(13) section 110 of title 41, United States Code (C) Section 893(f)(2) ( 10 U.S.C. 2302 section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41, United States Code (2) The National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (A) Section 805(c)(1) ( 10 U.S.C. 2330 (i) in subparagraph (A), by striking section 4(12)(E) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(E) section 103(5) of title 41, United States Code (ii) in subparagraph (C)(i), by striking section 4(12)(F) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(F) section 103(6) of title 41, United States Code (B) Section 821(b)(2) ( 10 U.S.C. 2304 section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (C) Section 847 ( 10 U.S.C. 1701 (i) in subsection (a)(5), by striking section 27(e) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423(e) section 2105 of title 41, United States Code (ii) in subsection (c)(1), by striking section 4(16) of the Office of Federal Procurement Policy Act section 131 of title 41, United States Code (iii) in subsection (d)(1), by striking section 27 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423 chapter 21 of title 41, United States Code (D) Section 862 ( 10 U.S.C. 2302 (i) in subsection (b)(1), by striking section 25 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421 section 1303 of title 41, United States Code (ii) in subsection (d)(1), by striking section 6(j) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(j) section 1126 of title 41, United States Code (3) The John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 (A) Section 832(d)(3) ( 10 U.S.C. 2302 section 8(b) of the Service Contract Act of 1965 ( 41 U.S.C. 357(b) section 6701(3) of title 41, United States Code (B) Section 852(b)(2)(A)(ii) ( 10 U.S.C. 2324 section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (4) Section 8118 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 section 34 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 430 section 1906 of title 41, United States Code (5) The National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 (A) Section 812(b)(2) ( 10 U.S.C. 2501 section 6(d)(4)(A) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(d)(4)(A) section 1122(a)(4)(A) of title 41, United States Code (B) Section 1601(c) ( 10 U.S.C. 2358 (i) in paragraph (1)(A), by striking section 32A of the Office of Federal Procurement Policy Act, as added by section 1443 of this Act section 1903 of title 41, United States Code (ii) in paragraph (2)(B), by striking Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 ( 41 U.S.C. 57(a) Section 8703(a) of title 41, United States Code (6) Section 8025(c) of the Department of Defense Appropriations Act, 2004 ( Public Law 108–87 the Javits-Wagner-O’Day Act ( 41 U.S.C. 46–48 chapter 85 of title 41, United States Code (7) Section 817(e)(1)(B) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 10 U.S.C. 2306a section 26(f)(5)(B) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422(f)(5)(B) section 1502(b)(3)(B) of title 41, United States Code (8) Section 801(f)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) section 1702(c) (1) and (2) of title 41, United States Code (9) Section 803(d) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 10 U.S.C. 2306a subsection (b)(1)(B) of section 304A of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254b section 3503(a)(2) of title 41, United States Code (10) Section 848(e)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 section 32 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 428 section 1902 of title 41, United States Code (11) Section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 section 25(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c) section 1303(a) of title 41, United States Code (12) Section 3412(k) of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 10 U.S.C. 7420 section 303(c) of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c) section 3304(a) of title 41, United States Code (13) Section 845 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 (A) in subsection (a)(2)(A), by striking section 16(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(c) section 1702(c) of title 41, United States Code, (B) in subsection (d)(1)(B)(ii), by striking section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) paragraphs (1) and (2) of section 1702(c) (C) in subsection (e)(2)(A), by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (D) in subsection (h), by striking section 27 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423 chapter 21 of title 41, United States Code (14) Section 326(c)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2302 section 25(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c) section 1303(a) of title 41, United States Code (15) Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 (A) in subsection (b), by striking section 4(12) of the Office of Federal Procurement Policy Act section 103 of title 41, United States Code (B) in subsection (c)— (i) by striking section 25(a) of the Office of Federal Procurement Policy Act section 1302(a) of title 41, United States Code (ii) by striking section 25(c)(1) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c)(1) section 1303(a)(1) of such title 41 (16) Section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 (A) by designating the subsection after subsection (k), relating to definitions, as subsection (l); and (B) in paragraph (8) of that subsection, by striking the first section of the Act of June 25, 1938 ( 41 U.S.C. 46 Wagner-O’Day Act section 8502 of title 41, United States Code (d) Amendments to title 10, United States Code, To reflect reclassification of provisions of law codified in title 50, United States Code Title 10, United States Code, is amended as follows: (1) Sections 113(b), 125(a), and 155(d) are amended by striking ( 50 U.S.C. 401 ( 50 U.S.C. 3002 (2) Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1), 153(b)(1)(C)(i), 231(b)(1), and 231a(c)(1) are amended by striking ( 50 U.S.C. 404a ( 50 U.S.C. 3043 (3) Sections 167(g) 421(c) ( 50 U.S.C. 413 et seq. ( 50 U.S.C. 3091 et seq. (4) Section 201(b)(1) ( 50 U.S.C. 403–6(b) ( 50 U.S.C. 3041(b) (5) Section 429 (A) in subsection (a), by striking ( 50 U.S.C. 403–1 ( 50 U.S.C. 3024 (B) in subsection (e), by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (6) Section 442(d) ( 50 U.S.C. 404e(a) ( 50 U.S.C. 3045(a) (7) Section 444 (A) in subsection (b)(2), by striking ( 50 U.S.C. 403o ( 50 U.S.C. 3515 (B) in subsection (e)(2)(B), by striking ( 50 U.S.C. 403a et seq. ( 50 U.S.C. 3501 et seq. (8) Section 457 (A) in subsection (a), by striking ( 50 U.S.C. 431 ( 50 U.S.C. 3141 (B) in subsection (c), by striking ( 50 U.S.C. 431(b) ( 50 U.S.C. 3141(b) (9) Section 462 ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (10) Sections 491(c)(3), 494(d)(1), and 496(a)(1) are amended by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (11) Section 1599a(a) ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (12) Section 1605(a)(2) ( 50 U.S.C. 403r ( 50 U.S.C. 3518 (13) Section 1623(a) ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (14) Section 2409(e) ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (15) Section 2501(a)(1)(A) ( 50 U.S.C. 404a ( 50 U.S.C. 3043 (16) Sections 2557(c) 2723(d)(2) ( 50 U.S.C. 413 ( 50 U.S.C. 3091 (e) Amendments to other defense-Related statutes To reflect reclassification of provisions of law codified in title 50, United States Code (1) The following provisions of law are amended by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (A) Section 911(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2271 (B) Sections 801(b)(3) and 911(e)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 10 U.S.C. 2304 (C) Section 812(e) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 10 U.S.C. 2501 (2) Section 901(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 137 ( 50 U.S.C. 401 et seq. ( 50 U.S.C. 3001 et seq. (f) Other cross-Reference amendments (1) Title 10, United States Code Title 10, United States Code, is amended as follows: (A) Section 2430(c)(2) section 2366a(a)(4) section 2366a(a)(7) (B) Section 7292(d)(2) section 1024(a) section 1018(a) (2) Title 40, United States Code Section 591(b)(2)(A) section 2394 of title 10 section 2922a of title 10 (g) Date of enactment references Title 10, United States Code, is amended as follows: (1) Section 1218(d)(3) on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 on October 28, 2014 (2) Section 1566a(a) Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under Under (3) Section 2275(d) (A) in paragraph (1), by striking before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 before January 2, 2013 (B) in paragraph (2), by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 on or after January 2, 2013 (4) Section 2601a(e) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 after December 31, 2011, (5) Section 6328(c) on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 after October 27, 2009, (h) Other amendments to title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 118 (2) Section 407(a)(3)(A) as applicable (3) Section 429 (A) in subsection (a), by striking Section section (B) in subsection (c), by striking act law (4) Section 1074m(a)(2) subparagraph subparagraphs (5) Section 1154(a)(2)(A)(ii) U.S.C.1411 U.S.C. 1411 (6) Section 2222(g)(3) (A) (3) (7) Section 2335(d) (A) by designating the last sentence of paragraph (2) as paragraph (3); and (B) in paragraph (3), as so designated— (i) by inserting before Each of Other terms.— (ii) by striking the term that term (iii) by inserting Election Federal Campaign (8) Section 2371 (9) Section 2601a (A) in subsection (a)(1), by striking issue prescribe (B) in subsection (d), by striking issued prescribed (10) Section 2853(c)(1)(A) can be still be can still be (11) Section 2866(a)(4)(A) repayed repaid (12) Section 2884(c) on evaluation an evaluation (i) Transfer of section 2814 to chapter 631 (1) Transfer and redesignation Section 2814 chapter 631 (2) Conforming amendments Such section, as so transferred and redesignated, is amended— (A) in paragraphs (2) and (3)(B) of subsection (i), by striking this chapter chapter 169 of this title (B) by striking subsection (l) and inserting the following new subsection (l): (l) Definitions In this section: (1) The term appropriate committees of Congress section 2801 (2) The term property support services (A) Any utility service or other service listed in section 2686(a) (B) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities. . (3) Clerical amendments (A) The table of sections at the beginning of chapter 169 (B) The table of sections at the beginning of chapter 631 7206. Special authority for development of Ford Island, Hawaii. . (j) Coordination with other amendments made by this Act For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations Subsection (h) of section 2667 (4) (A) Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies: (i) The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions. (ii) A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution. (B) The renewal, extension or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii). . 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools (a) Authority Chapter 53 section 1033 1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools (a) Authority (1) In general Subject to regulations prescribed under subsection (f), the United States may, notwithstanding section 105 201(b) (2) Printing Notwithstanding section 501 (b) Qualifying works A work is a qualifying work for purposes of this section if the work— (1) is prepared as part of a person’s official duties; and (2) meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. (c) Transfer of copyright Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the United States may transfer the copyright to the owner or publisher of the medium in which the work will be published. The United States shall maintain a perpetual, royalty-free license to use the scholarly work for any official purpose of the United States. (d) Royalties, etc No royalties or other compensation may be accepted by a person covered by subsection (a) by reason of copyright protection that exists by reason of subsection (a). (e) Covered institutions The institutions referred to in subsection (a) are the following: (1) The United States Military Academy, the United States Naval Academy, and the United States Air Force Academy. (2) The National Defense University. (3) Any war college of the armed forces. (4) Any graduate-level college or university of the Department of Defense. (f) Regulations The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured under subsection (a) and the purposes for which the copyright may be secured. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item: 1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools. . (c) Effective date Section 1033a 1044. Revision to statute of limitations for aviation insurance claims (a) In general Section 44309(c) (1) By inserting after time limitations. A claim under the authority of this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary. (2) by striking , under section 2401 (3) by striking subsection (a) of (b) Effective date The amendments made by subsection (a) shall apply only with respect to claims arising after the date of the enactment of this Act. 1045. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense Section 601 of the Veterans Benefits Act of 2003 ( Public Law 108–183 601. Radiation Dose Reconstruction Program of the Department of Defense (a) Review and oversight The Secretary of Veterans Affairs and the Secretary of Defense shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program of the Department of Defense. (b) Duties In carrying out subsection (a), the Secretaries shall— (1) conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on claims for service connection of radiogenic diseases; (2) communicate to veterans information on the mission, procedures, and evidentiary requirements of the Program; and (3) carry out such other activities with respect to the review and oversight of the Program as the Secretaries shall jointly specify. (c) Recommendations The Secretaries may make such recommendations on modifications in the mission or procedures of the Program as they consider appropriate as a result of the audits conducted under subsection (b)(1). . 1046. Authority to accept certain voluntary services Section 1588(a) (10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned. . 1047. Transfer of Administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration (a) Authority for Ocean Research Advisory Panel Subsection (a) of section 7903 (1) in the matter preceding paragraph (1)— (A) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (B) by striking Panel consisting Panel. The Panel shall consist (C) by striking chairman Administrator of the National Oceanic and Atmospheric Administration, on behalf of the Council (2) in paragraph (1), by striking National Academy of Science National Academies (3) by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (b) Responsibilities of panel Subsection (b) of such section is amended— (1) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by striking paragraph (2) and inserting the following new paragraphs (2) and (3): (2) To advise the Council on the determination of scientific priorities and needs. (3) To provide the Council strategic advice regarding national ocean program execution and collaboration. . (c) Funding To support activities of panel Subsection (c) of such section is amended by striking Secretary of the Navy Secretary of Commerce 1048. Repeal and modification of reporting requirements (a) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 1073b (2) The table of sections at the beginning of chapter 55 (b) National Defense Authorization Acts (1) Fiscal year 2013 Section 112 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (2) Fiscal year 2012 Subsection (b) of section 1043 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 Public Law 113–66 (b) Form of reports Any report under subsection (a) may be submitted in classified form. . (3) Fiscal year 2008 Section 330(e)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68), as most recently amended by section 332 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1697), is amended by adding at the end the following new sentence: However, a report is not required under this paragraph for any fiscal year during which the Secretary concerned did not use the authority in subsection (a). (4) Fiscal year 2004 Subsection (d) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 Public Law 113–66 (A) in the heading, by striking quarterly annual (B) in paragraph (1)— (i) by striking fiscal-year quarter fiscal year (ii) by striking quarter fiscal year (C) in paragraph (2), by striking all of the quarterly reports that were the report (c) Inclusion of extremity trauma and amputation center of excellence annual report in the Department of Veterans Affairs and Department of Defense joint annual report on health care coordination and sharing activities (1) Section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4508) is amended by striking subsection (d). (2) Section 8111(f) (6) The two Secretaries shall include in the annual report under this subsection a report on the activities of the Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations (established pursuant to section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) during the one-year period ending on the date of such report. Such report shall include a description of the activities of the center and an assessment of the role of such activities in improving and enhancing the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations. . XI Civilian personnel matters 1101. Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense (a) Senior management workforce Subsection (c) of section 115b (1) by striking paragraph (1) and inserting the following: (1) Each strategic workforce plan under subsection (a) shall— (A) specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and (B) include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community. ; and (2) in paragraph (2), by striking such senior management, functional, and technical workforce such senior management workforce and such senior functional and technical workforce (b) Highly qualified experts Such section is further amended— (1) in subsection (b)(2), by striking subsection (f)(1) subsection (h)(1) or (h)(2) (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following new subsection (f): (f) Highly qualified experts (1) Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of the Department of Defense comprised of highly qualified experts appointed pursuant to section 9903 HQE workforce (2) For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce— (A) an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition; (B) specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies; (C) any incentives necessary to attract or retain HQE personnel; (D) any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and (E) any legislative changes that may be necessary to achieve HQE workforce goals. . (c) Definitions Subsection (h) of such section (as redesignated by subsection (b)(2)) is amended to read as follows: (h) Definitions In this section: (1) The term senior management workforce of the Department of Defense (A) Appointees in the Senior Executive Service under section 3131 (B) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title. (2) The term senior functional and technical workforce of the Department of Defense (A) Persons serving in positions described in section 5376(a) (B) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 Public Law 106–398 (C) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 5 U.S.C. 3104 (D) Persons serving in Intelligence Senior Level positions under section 1607 (3) The term acquisition workforce section 1721 . (d) Conforming amendment The heading of subsection (c) of such section is amended to read as follows: Senior management workforce; senior functional and technical workforce.— (e) Formatting of annual report Subsections (d)(1) and (e)(1) of such section are amended by striking include a separate chapter to 1102. Authority to provide additional compensation for defense clandestine service employees Section 1603 (c) Additional compensation for employees of the defense clandestine service In addition to the authority to provide compensation under subsection (a), the Secretary of Defense may provide civilian employees of the Defense Clandestine Service allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law, if the Secretary determines such action is necessary to the operational effectiveness of the Defense Clandestine Service. . 1103. Pilot program for the temporary exchange of financial management personnel (a) Assignment authority The Secretary of Defense may, with the agreement of the private sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if the employee— (1) works in the field of financial management; (2) is considered by the Secretary of Defense to be an exceptional employee; and (3) is compensated at not less than the GS–11 level (or the equivalent). (b) Agreements The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement— (1) shall require, in the case of an employee of the Department of Defense, that upon completion of the assignment, the employee will serve in the civil service for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and (2) shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, or if the employee is voluntarily separated from the service of the employee’s agency before the end of the period stated in the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separation was for good and sufficient reason, as determined by the Secretary of Defense. An amount for which an employee is liable under paragraph (2) shall be treated as a debt due the United States. The Secretary may waive, in whole or in part, collection of such a debt based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States. (c) Termination An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organization concerned. (d) Duration An assignment under this section shall be for a period of not less than three months and not more than one year. No assignment under this section may commence after September 30, 2019. (e) Status of Federal employees assigned to private sector organization An employee of the Department of Defense who is temporarily assigned to a private sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. (f) Terms and conditions for private sector employees An employee of a private sector organization who is assigned to a Department of Defense organization under this section— (1) shall continue to receive pay and benefits from the private sector organization from which such employee is assigned; (2) is deemed to be an employee of the Department of Defense for the purposes of— (A) chapter 73 (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute; (C) sections 1343, 1344, and 1349(b) of title 31, United States Code; (D) the Federal Tort Claims Act and any other Federal tort liability statute; (E) the Ethics in Government Act of 1978; (F) section 1043 (G) chapter 21 (H) subchapter I of chapter 81 (3) may not have access, while the employee is assigned to a Department of Defense organization, to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned. (g) Prohibition against charging certain costs to the Federal Government A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment. (h) Consideration The Secretary of Defense shall take into consideration the question of how assignments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management. (i) Numerical limitation Not more than five Department of Defense employees may be assigned to private sector organizations under this section, and not more than five employees of private sector organizations may be assigned to the Department of Defense under this section, at any given time. XII Matters relating to foreign nations 1201. Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility (a) Authority In the case of a product or service to be acquired in support of Department of Defense activities in the United States Africa Command area of responsibility for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which— (1) competition is limited to products or services that are from Djibouti; or (2) a preference is provided for products or services that are from Djibouti. (b) Determination (1) A determination described in this subsection is a determination by the Secretary of either of the following: (A) That the product or service concerned is to be used only in support of activities described in subsection (a). (B) That it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is necessary— (i) to reduce— (I) United States transportation costs; or (II) delivery times in support of activities described in subsection (a); or (ii) to promote regional security, stability, and economic prosperity in Africa. (2) A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection (a) unless the Secretary also determines that the limitation or preference will not adversely affect— (A) United States military operations or stability operations in the United States Africa Command area of responsibility; or (B) the United States industrial base. (c) Products and services from Djibouti For the purpose of this section: (1) A product is from Djibouti if it is mined, produced, or manufactured in Djibouti. (2) A service is from Djibouti if it is performed in Djibouti by citizens or residents of Djibouti. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability (a) Codification of permanent authority (1) Enactment in title 10 of section 1202 acquisition and cross-servicing agreement authority Chapter 138 section 2342 (A) a heading as follows: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability ; and (B) a text consisting of the text of subsections (a) through (d) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (2) Clerical amendment The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2342 the following new item: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability. . (b) Revisions to codified section The revisions to the text specified in subsection (a)(1)(B) are as follows: (1) Global authority In subsection (a)(1)— (A) insert military or stability combined (B) strike in Afghanistan (2) Conforming amendments In subsection (a)(3)— (A) in subparagraph (A), strike Afghanistan a combined military or stability operation with the United States (B) in subparagraph (C), strike Afghanistan or a a combined military or stability operation or (3) Reporting exception In subsection (a)(5)— (A) insert (A) Equipment may not (B) add at the end the following: (B) Exception The notice required in subparagraph (A) shall not be required when the equipment to be loaned is intended to be used— (i) in a facility that is under the control of the United States; or (ii) in connection with training directed by United States personnel. . (4) Waiver in the case of combat loss of equipment At the end of subsection (a), insert the following new paragraph: (6) Waiver of reimbursement in the case of combat loss (A) Authority In the case of equipment provided to the military forces of another nation under the authority of this section that is damaged or destroyed as a result of combat operations while held by those forces, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for— (i) reimbursement; (ii) replacement-in-kind; or (iii) exchange of supplies or services of an equal value. (B) Limitations Any waiver under this subsection may be made only on a case-by-case basis. Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States. . (5) Technical and clerical amendments (A) In subsection (a)(1), strike under subchapter I of chapter 138 (B) In subsection (d)(2)(B), strike Committee on International Relations Committee on Foreign Affairs (c) Repeal Section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (d) Retroactive application of waiver authority The authority in subsection (a)(6) of section 2342a 1203. Revisions to Global Security Contingency Fund authority (a) Types of assistance Subsection (c)(1) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 22 U.S.C. 2151 the provision of equipment, supplies, and training. the provision of the following: (A) Equipment, including routine maintenance and repair of such equipment. (B) Supplies. (C) Small-scale construction not exceeding $750,000. (D) Training. . (b) Transfer authority Subsection (f)(1) of such section is amended by striking for Defense-wide activities (c) Two-Year extension of availability of funds Subsection (i) of such section is amended by striking September 30, 2015 September 30, 2017 (d) Extension of expiration date Subsection (p) of such section is amended— (1) by striking September 30, 2015 September 30, 2017 (2) by striking funds available for fiscal years 2012 through 2015 funds available for a fiscal year beginning before that date 1204. Increase in annual limitation on transfer of excess defense articles Section 516(g)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(g)(1) $425,000,000 $500,000,000 1205. One-year extension of Afghan Special Immigrant Visa Program (a) Extension Section 602(b)(3)(D) of the Afghan Allies Protection Act of 2009 (title VI of Public Law 111–8 (1) in the subparagraph heading, by striking fiscal year fiscal years (2) by striking For fiscal year 2014 For each of fiscal years 2014 and 2015 (3) by inserting per year 3,000 (4) by striking in fiscal year 2014 in fiscal years 2014 and 2015 (5) by striking of fiscal year 2015 of fiscal year 2016 (6) by striking September 30, 2014 September 30, 2015 (b) Technical amendments (1) Section 601 of such Act is amended by striking This Act This title (2) Section 602(c)(3) of such Act is amended by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 133 of title 41, United States Code 1206. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense (a) Eligibility Subsection (a) of section 1051a (1) in the matter preceding paragraph (1)— (A) by striking The Secretary of Defense Subject to subsection (d), the Secretary of Defense (B) by striking involved in a military operation with the United States (C) by striking temporarily (2) in paragraph (1)— (A) by striking , component command, (B) by striking in connection with the planning for, or conduct of, a military operation (3) in paragraph (2), by striking To the headquarters of To the Joint Staff. (b) Travel, subsistence, and medical care expenses Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking to the headquarters of a combatant command (B) by inserting or by the Chairman of the Joint Chiefs of Staff, as appropriate (2) in paragraph (3), by striking if such travel if such travel meets each of the following conditions: (A) The travel is in support of the national interests of the United States. (B) The commander of the relevant combatant command or the Chairman of the Joint Chiefs of Staff, as applicable, directs round-trip travel from the assigned location to one or more travel locations. . (c) Terms of reimbursement Subsection (c) of such section is amended— (1) by striking To the extent that the Secretary determines appropriate, the The (2) by adding at the end the following new sentence: The terms of reimbursement shall be specified in the appropriate international agreement used to assign the liaison officer to a combatant command or to the Joint Staff. (d) Limitations and oversight Such section is further amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsection (d): (d) Limitations and oversight (1) The number of liaison officers supported under subsection (b)(1) may not exceed 60 at any one time, and the amount of unreimbursed support for any such liaison officer under that subsection in any fiscal year may not exceed $200,000 (in fiscal year 2014 constant dollars). (2) The Chairman of the Joint Chiefs of Staff shall be responsible for oversight of the use of the authority under this section, including implementation of the limitations in paragraph (1). . (e) Secretary of state concurrence Such section is further amended by inserting after subsection (d), as added by subsection (d)(2), the following new subsection (e): (e) Secretary of state concurrence The authority of the Secretary of Defense to provide administrative services and support under subsection (a) for the performance of duties by a liaison officer of another nation may be exercised only with respect to a liaison officer of another nation whose assignment as described in that subsection is accepted by the Secretary of Defense with the concurrence of the Secretary of State. . (f) Definition Subsection (f) of such section, as redesignated by subsection (d)(1), is amended by inserting training programs conducted to familiarize, orient, or certify liaison personnel regarding unique aspects of the assignments of the liaison personnel, police protection, XIII Other authorizations A Military programs 1301. Working Capital Funds Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,234,468,000. 1302. Joint Urgent Operational Needs Fund Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Urgent Operational Needs Fund in the amount of $20,000,000. 1303. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $828,868,000, of which— (1) $222,728,000 is for Operation and Maintenance; (2) $595,913,000 is for Research, Development, Test, and Evaluation; and (3) $10,227,000 is for Procurement. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1304. Drug Interdiction and Counter-Drug Activities, Defense-Wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $820,687,000. 1305. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $311,830,000, of which— (1) $310,830,000 is for Operation and Maintenance; and (2) $1,000,000 is for Procurement. 1306. Defense Health Program Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $31,994,918,000, of which— (1) $31,031,911,000 is for Operation and Maintenance; (2) $654,594,000 is for Research, Development, Test, and Evaluation; and (3) $308,413,000 is for Procurement. B Other matters 1311. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $146,857,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 1312. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2015 from the Armed Forces Retirement Home Trust Fund the sum of $63,400,000 for the operation of the Armed Forces Retirement Home. XIV Uniformed and Overseas Citizens Absentee Voting Act amendments 1401. Pre-election reporting requirements on availability and transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended— (1) by designating the text of that subsection as paragraph (3) and indenting that paragraph, as so designated, two ems from the left margin; and (2) by inserting before paragraph (3), as so designated, the following new paragraphs: (1) Pre-election report on absentee ballot availability Not later than 55 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, certifying that absentee ballots are available for transmission to absentee voters, or that it is aware of no circumstances that will prevent absentee ballots from being available for transmission by 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. (2) Pre-election report on absentee ballots transmitted Not later than 43 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, certifying whether all absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election have been transmitted to such voters by such date. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. . (b) Conforming amendments (1) Subsection heading The heading for such subsection is amended to read as follows: Reports on absentee ballots (2) Paragraph heading Paragraph (3) of such subsection, as designated by subsection (a)(1), is amended by inserting Post-election report on number of absentee ballots transmitted and received Not later than 90 days 1402. Transmission requirements; repeal of waiver provision (a) In general Subsection (a)(8) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended by striking voter— voter by the date and in the manner determined under subsection (g); (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of such section is amended to read as follows: (g) Ballot transmission requirements (1) Requests received at least 46 days before an election for Federal office For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply: (A) Time for transmittal of absentee ballot The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) General rule If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide, at the State’s expense, for the return of such ballot by express delivery. (iii) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act. (2) Requests received after 46th day before an election for Federal office For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received less than 46 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request. . 1403. Clarification of State responsibility, civil penalties, and private right of action (a) Enforcement Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4 105. Enforcement (a) In general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. In any such action, the only necessary party defendant is the State. It shall not be a defense to such action that local election officials are not also named as defendants. (b) Civil penalty In a civil action brought under subsection (a), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State— (1) in an amount not exceeding $110,000, for a first violation; and (2) in an amount not exceeding $220,000, for any subsequent violation. (c) Annual report to Congress Not later than December 31 of each year, the Attorney General shall submit to Congress a report on any civil action brought under subsection (a) during that year. (d) Private right of action A person who is aggrieved by a State's violation of this Act may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this Act. (e) Attorney's fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney's fees, including litigation expenses, and costs. . (b) Repeal of clarification regarding delegation of State responsibility Section 576 of the Military and Overseas Voter Empowerment Act ( 42 U.S.C. 1973ff–1 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) State responsibilities Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)(3)) is amended by striking general (b) Write-In absentee ballots Section 103 of such Act ( 42 U.S.C. 1973ff–2 (1) by striking general (2) by striking general 1405. Treatment of ballot requests (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 (1) by striking A State may not (a) Prohibition of refusal of applications on grounds of early submission A State may not ; (2) by inserting or overseas voter an absent uniformed services voter (3) by striking members of the uniformed services (4) by inserting voters or overseas voters (5) by adding at the end the following new subsection: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election. (2) Exception for voters changing registration Paragraph (1) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State. . (b) Conforming amendment The heading of such section is amended to read as follows: 104. Treatment of ballot requests . 1406. Inclusion of Northern Mariana Islands in the definition of State Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6 and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests (a) Requirement The Presidential designee shall ensure that the official post card form (prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2))) enables a voter using the form to— (1) request an absentee ballot for each election for Federal office held in a State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election; or (2) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (b) Definition In this section, the term Presidential designee 42 U.S.C. 1973ff(a) 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections Section 2(a) of the Act entitled An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives 48 U.S.C. 1712(a) (1) by striking majority plurality (2) by striking the fourth sentence. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program (a) Elimination of reports for non-Election years Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) by striking March 31 of each year June 30 of each odd-numbered year (2) by striking the following information the following information with respect to the Federal elections held during the preceding calendar year (b) Conforming amendments Such section is further amended— (1) by striking annual report biennial report (2) by striking In the case of a description A description XV Authorization of additional appropriations for overseas contingency operations [RESERVED] XVI Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program 1601. Short title; table of contents (a) Short title This title may be cited as the Department of Defense Cooperative Threat Reduction Act (b) Table of contents The table of contents for this title is as follows: Sec. 1601. Short title; table of contents. Subtitle A—Program authorities Sec. 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program. Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities. Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. Sec. 1614. Use of funds for other purposes or for increased amounts. Sec. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program. Subtitle B—Restrictions and limitations Sec. 1621. Prohibition on use of funds for specified purposes. Sec. 1622. Requirement for on-site managers. Sec. 1623. Limitation on use of funds until certain permits obtained. Subtitle C—Recurring certifications and reports Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities. Sec. 1632. Requirement to submit summary of amounts requested by project category. Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program. Subtitle D—Repeals and transition provision Sec. 1641. Repeals. Sec. 1642. Transition provision. A Program authorities 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program (a) Authority Subject to any concurrence of the Secretary of State or other appropriate agency head under section 1612 or section 1613 (unless such concurrence is otherwise exempted by section 1642), the Secretary of Defense may, carry out a program, referred to as the Department of Defense Cooperative Threat Reduction Program (1) Facilitate the elimination, and the safe and secure transportation and storage, of chemical, biological, or other weapons, weapons components, weapons-related materials, and their delivery vehicles. (2) Facilitate— (A) the safe and secure transportation and storage of nuclear weapons, nuclear weapons-usable or high-threat radiological materials, nuclear weapons components, and their delivery vehicles; and (B) the elimination of nuclear weapons components and nuclear weapons delivery vehicles. (3) Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology and expertise. (4) Prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be utilized as an early warning mechanism for disease outbreaks that could impact the armed forces of the United States or allies of the United States. (5) Prevent the proliferation of weapons of mass destruction-related materials, including all materials, equipment, and technology that could be used for the design, development, production, or use of nuclear, chemical, and biological weapons and their means of delivery. (6) Carry out military-to-military and defense contacts for advancing the mission of the Department of Defense Cooperative Threat Reduction Program, subject to subsection (e). (b) Scope of authority The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not include authority to provide cash directly to such project or activity. (c) Type of program The Program carried out under subsection (a) may involve assistance in planning and in resolving technical problems associated with weapons destruction and proliferation. Such cooperation may also involve the funding of critical short-term requirements related to weapons destruction. (d) Reimbursement of other agencies The Secretary of Defense may reimburse other United States Government departments and agencies under this section for costs of participation in the Program carried out under subsection (a). (e) Military-to-Military and defense contacts The Secretary of Defense shall ensure that the military-to-military and defense contacts carried out under subsection (a)(6)— (1) are focused and expanded to support specific relationship-building opportunities, which could lead to Department of Defense Cooperative Threat Reduction Program development in new geographic areas and achieve other Department of Defense Cooperative Threat Reduction Program benefits; (2) are directly administered as part of the Department of Defense Cooperative Threat Reduction Program; and (3) include cooperation and coordination with— (A) the unified combatant commands; and (B) the Department of State. (f) Prior notice to Congress of obligation of funds (1) Annual requirement Not less than 15 days before any obligation of any funds appropriated for any fiscal year for a program specified under this section, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation for that program for that fiscal year. (2) Matters to be specified in reports Each such report shall specify— (A) the activities and forms of assistance for which the Secretary of Defense plans to obligate funds; (B) the amount of the proposed obligation; and (C) the projected involvement (if any) of any department or agency of the United States (in addition to the Department of Defense) and of the private sector of the United States in the activities and forms of assistance for which the Secretary of Defense plans to obligate such funds. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities (a) Authority For purposes of the Program specified in section 1611, the Secretary of Defense may obligate and expend Department of Defense Cooperative Threat Reduction funds for a fiscal year, and any Department of Defense Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following: (1) That such project or activity will— (A) assist the United States in the resolution of a critical emerging proliferation threat; or (B) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals. (2) That such project or activity will be completed in a short period of time. (3) That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity. (b) Congressional notification Not later than 10 days after obligating funds under the authority in subsection (a) for a project or activity, the Secretary of Defense shall notify the congressional defense committees and the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of the determinations made under subsection (a) with respect to such project or activity, together with— (1) a justification for such determinations; and (2) a description of the scope and duration of such project or activity. (c) Non-Defense agency partner-Nation contacts For military-to-military and defense contacts carried out under section 1611(a)(6), as further described in section 1611(e), concurrence of the Secretary of State is required only for participation by personnel from non-defense agencies. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities (a) In general Subject to the requirements under subsection (b) or (c), as applicable, not more than 15 percent of the total amounts appropriated or otherwise made available for any fiscal year for the Department of Defense Cooperative Threat Reduction Program may be expended, notwithstanding any other law, for activities described under subsections (b)(1)(B) and (c)(1)(B). (b) Secretary of Defense determination and notice (1) Determination Subject to paragraph (2), amounts may be expended by the Secretary of Defense as described in subsection (a) if the Secretary makes a written determination that— (A) a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently; (B) certain provisions of law would unnecessarily impede the Secretary’s ability to carry out activities of the Department of Defense Cooperative Threat Reduction Program to address that threat; and (C) it is necessary to expend amounts as described in subsection (a) to carry out such activities. (2) Concurrence required A determination by the Secretary of Defense under paragraph (1) may only be made with the concurrence of the Secretary of State and the Secretary of Energy. (3) Notice required Not later than 15 days after obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall, after consultation with the Secretary of State, notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the determination made under paragraph (1). The notice shall include the following: (A) The determination. (B) The activities to be undertaken by the Department of Defense Cooperative Threat Reduction Program. (C) The expected timeframe for such activities. (D) The expected costs of such activities. (c) Presidential determination and notice (1) Determination Amounts may be made available if the President makes a written determination that— (A) a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently in an ungoverned area or an area that is not controlled by an effective governmental authority, as determined by the Secretary of State; and (B) it is necessary to make available amounts as described in subsection (a) to carry out activities of the Department of Defense Cooperative Threat Reduction Program to address that threat. (2) Notice required Not later than 15 days after obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall, after consultation with the Secretary of State, notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the determination made under paragraph (1). The notice shall include the following: (A) The determination. (B) The activities to be undertaken through the Department of Defense Cooperative Threat Reduction Program. (C) The expected timeframe for such activities. (D) The expected costs of such activities. 1614. Use of funds for other purposes or for increased amounts (a) Notice to Congress of intent To use funds for other purposes (1) Report For any fiscal year for which amounts are specifically authorized in an Act other than an appropriations Act for specific purposes (specified by law) within the Department of Defense Cooperative Threat Reduction Program, amounts appropriated or otherwise made available for the Department of Defense Cooperative Threat Reduction Program for that fiscal year may be obligated or expended for a Department of Defense Cooperative Threat Reduction purpose other than one of the purposes so specified if— (A) the Secretary of Defense determines that it is necessary to do so in the national interest; and (B) the requirements of subsection (c) have been met. (2) Construction with other laws Nothing in paragraph (1) shall be construed as authorizing the obligation or expenditure of Department of Defense Cooperative Threat Reduction Program funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under any provision of law. (b) Limited authority To vary individual amounts provided for any fiscal year for specified purposes For any fiscal year for which amounts are specifically authorized in an Act other than an appropriations Act for specific purposes (specified by law) within the Department of Defense Cooperative Threat Reduction Program, the Secretary of Defense, subject to subsection (c), may obligate funds appropriated or otherwise made available for any such purpose for that fiscal year in excess of the specific amount so authorized for that purpose if— (1) the Secretary of Defense determines that it is necessary to do so in the national interest; and (2) the requirements of subsection (c) have been met. (c) Notice-and-Wait requirements The requirements of this subsection for purposes of subsections (a) and (b) are that— (1) the Secretary submit to the congressional defense committees notification of the intent to obligate funds as described in subsection (a) or (b), together with a complete discussion of the justification for doing so and, in the case of a report for purposes of subsection (a), a statement of the purpose for which the funds will be used and the amount of funds to be used; and (2) 15 days have elapsed following the date of the notification. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program (a) Authority To enter into agreements (1) Authority Subject to paragraph (2), the Secretary of Defense may enter into one or more agreements with any person (including a foreign government, international organization, multinational entity, or any other entity) that the Secretary of Defense considers appropriate under which the person contributes funds for activities conducted under the Department of Defense Cooperative Threat Reduction Program. (2) Requirement for secretary of state concurrence The Secretary of Defense may enter into an agreement under this subsection only with the concurrence of the Secretary of State. (b) Retention and use of amounts Notwithstanding section 3302 (c) Return of amounts not obligated or expended within three years If the Secretary of Defense does not obligate or expend an amount contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution. (d) Notice to congressional defense committees (1) In general Not later than 30 days after receiving an amount contributed pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a notice— (A) specifying the value of the contribution and the purpose for which the contribution was made; and (B) identifying the person who made the contribution. (2) Limitation on use of amounts The Secretary of Defense may not obligate an amount contributed pursuant to subsection (a) until the date that is 15 days after the date on which the Secretary submits the notice required by paragraph (1). (e) Annual report Not later than the first Monday in February of each year, the Secretary of Defense shall submit to the congressional defense committees a report on amounts contributed pursuant to subsection (a) during the preceding fiscal year. Each such report shall include, for the fiscal year covered by the report, the following: (1) A statement of any amounts contributed pursuant to subsection (a), including, for each such amount, the value of the contribution and the identity of the person who made the contribution. (2) A statement of any amounts so contributed that were obligated or expended by the Secretary of Defense, including, for each such amount, the purposes for which the amount was obligated or expended. (3) A statement of any amounts so contributed that were retained but not obligated or expended, including, for each such amount, the purposes (if known) for which the Secretary of Defense intends to obligate or expend the amount. (f) Implementation plan The Secretary of Defense shall submit to the congressional defense committees an implementation plan for the authority provided under this section prior to obligating or expending any amounts contributed pursuant to subsection (a). The Secretary of Defense shall submit updates to such plan as needed. B Restrictions and limitations 1621. Prohibition on use of funds for specified purposes (a) In general Funds appropriated for the Department of Defense Cooperative Threat Reduction Program may not be obligated or expended for any of the following purposes: (1) Conducting any peacekeeping exercise or other peacekeeping-related activity. (2) Provision of housing. (3) Provision of assistance to promote environmental restoration. (4) Provision of assistance to promote job retraining. (5) Provision of assistance to promote defense conversion. (b) Limitation with respect to conventional weapons Funds appropriated for the Department of Defense Cooperative Threat Reduction Program may not be obligated or expended for elimination of— (1) conventional weapons; or (2) conventional weapons delivery vehicles, unless such delivery vehicles could reasonably be used or adapted to be used for the delivery of chemical, nuclear, or biological weapons. 1622. Requirement for on-site managers (a) On-Site manager requirement Before obligating any Department of Defense Cooperative Threat Reduction Program funds for a project described in subsection (b), the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government. (b) Projects covered Subsection (a) applies to a project— (1) to be located in a state of the former Soviet Union; (2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and (3) with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000. (c) Duties of on-Site manager The on-site manager appointed under subsection (a) shall— (1) develop, in cooperation with representatives from governments of states participating in the project, a list of those steps or activities critical to achieving the project’s disarmament or nonproliferation goals; (2) establish a schedule for completing those steps or activities; (3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and (4) suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Defense to resume United States participation. (d) Authority To manage more than one project (1) Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations. (2) If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000. (e) Steps or activities Steps or activities referred to in subsection (c)(1) are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following: (1) Identification and acquisition of permits (as defined in section 1623). (2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification. (3) Timely provision of financial, personnel, management, transportation, and other resources. (f) Notification to Congress In any case in which the Secretary of Defense directs an on-site manager to resume United States participation in a project under subsection (c)(4), the Secretary shall concurrently notify the congressional defense committees of such direction. 1623. Limitation on use of funds until certain permits obtained (a) In general The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Department of Defense Cooperative Threat Reduction Program in a state of the former Soviet Union before obligating significant amounts of funding for that phase of the project. (b) Use of funds for new construction projects Except as provided in subsection (c), with respect to a new construction project to be carried out by the Department of Defense Cooperative Threat Reduction Program, not more than 40 percent of the total costs of the project may be obligated from Department of Defense Cooperative Threat Reduction Program funds for any fiscal year until the Secretary of Defense— (1) determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and (2) obtains from the State in which the project is to be located any permits that may be required to begin construction. (c) Exception to limitations on use of funds The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary of Defense— (1) determines that it is necessary in the national interest to obligate funds for such project; and (2) submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so. (d) Definitions In this section, with respect to a project under the Department of Defense Cooperative Threat Reduction Program: (1) New construction project The term new construction project (2) Permit The term permit C Recurring certifications and reports 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities Not later than the first Monday of February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility for a Cooperative Threat Reduction project or activity for which construction occurred during the preceding fiscal year on matters as follows: (1) Whether or not such facility will be used for its intended purpose by the government of the state of the former Soviet Union in which the facility is constructed. (2) Whether or not the government of such state remains committed to the use of such facility for its intended purpose. (3) Whether those actions needed to ensure security at the facility, including secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken. 1632. Requirement to submit summary of amounts requested by project category (a) Summary required The Secretary of Defense shall submit to the congressional defense committees in the materials and manner specified in subsection (c)— (1) a descriptive summary, with respect to the appropriations requested for the Department of Defense Cooperative Threat Reduction Program for the fiscal year after the fiscal year in which the summary is submitted, of the amounts requested for each project category under each Department of Defense Cooperative Threat Reduction program element; and (2) a descriptive summary, with respect to appropriations for the Department of Defense Cooperative Threat Reduction Program for the fiscal year in which the list is submitted and the previous fiscal year, of the amounts obligated or expended, or planned to be obligated or expended, for each project category under each Department of Defense Cooperative Threat Reduction program element. (b) Description of purpose and intent The descriptive summary required under subsection (a) shall include a narrative description of each program and project category under each Department of Defense Cooperative Threat Reduction program element that explains the purpose and intent of the funds requested. (c) Inclusion in certain materials submitted to Congress The summary required to be submitted in a fiscal year under subsection (a) shall be set forth by project category, and by amounts specified in paragraphs (1) and (2) of that subsection in connection with such project category, in each of the following: (1) The annual report on activities and assistance under the Department of Defense Cooperative Threat Reduction Program required in such fiscal year under section 1633. (2) The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the budget of the President under section 1105(a) 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program (a) Annual report In any year in which the budget of the President under section 1105 (b) Deadline for report The report under subsection (a) shall be submitted not later than the first Monday in February of a year. (c) Matters To be included The report under subsection (a) in a year shall set forth the following: (1) An estimate of the total amount that will be required to be expended by the United States in order to achieve the objectives of the Department of Defense Cooperative Threat Reduction Program. (2) A five-year plan setting forth the amount of funds and other resources proposed to be provided by the United States for the Department of Defense Cooperative Threat Reduction Program over the term of the plan, including the purpose for which such funds and resources will be used, and to provide guidance for the preparation of annual budget submissions with respect to the Department of Defense Cooperative Threat Reduction Program. (3) A description of the Department of Defense Cooperative Threat Reduction activities carried out during the fiscal year ending in the year preceding the year of the report, including— (A) the amounts notified, obligated, and expended for such activities and the purposes for which such amounts were notified, obligated, and expended for such fiscal year and cumulatively for the Department of Defense Cooperative Threat Reduction Program; (B) a description of the participation, if any, of each department and agency of the United States Government in such activities; (C) a description of such activities, including the forms of assistance provided; (D) a description of the United States private sector participation in the portion of such activities that were supported by the obligation and expenditure of funds for the Department of Defense Cooperative Threat Reduction Program; and (E) such other information as the Secretary of Defense considers appropriate to inform Congress fully of the operation of Department of Defense Cooperative Threat Reduction programs and activities, including with respect to proposed demilitarization or conversion projects, information on the progress toward demilitarization of facilities and the conversion of the demilitarized facilities to civilian activities. (4) A description of the means (including program management, audits, examinations, and other means) used by the United States during the fiscal year ending in the year preceding the year of the report to ensure that assistance provided under the Department of Defense Cooperative Threat Reduction Program is fully accounted for, that such assistance is being used for its intended purpose, and that such assistance is being used efficiently and effectively, including— (A) if such assistance consisted of equipment, a description of the current location of such equipment and the current condition of such equipment; (B) if such assistance consisted of contracts or other services, a description of the status of such contracts or services and the methods used to ensure that such contracts and services are being used for their intended purpose; (C) a determination whether the assistance described in subparagraphs (A) and (B) has been used for its intended purpose and an assessment of whether the assistance being provided is being used effectively and efficiently; and (D) a description of the efforts planned to be carried out during the fiscal year beginning in the year of the report to ensure that Department of Defense Cooperative Threat Reduction assistance provided during such fiscal year is fully accounted for and is used for its intended purpose. (5) A description of the defense and military activities carried out under the Department of Defense Cooperative Threat Reduction Program, including under the Defense and Military Contacts program during the fiscal year ending in the year preceding the year of the report, including— (A) the amounts obligated or expended for such activities; (B) the strategy, goals, and objectives for which such amounts were obligated and expended; (C) a description of the activities carried out, including the forms of assistance provided, and the justification for each form of assistance provided; (D) the success of each activity, including the goals and objectives achieved for each; (E) a description of participation by private sector entities in the United States in carrying out such activities, and the participation of any other Federal department or agency in such activities; and (F) any other information that the Secretary considers relevant to provide a complete description of the operation and success of activities carried out under the Department of Defense Cooperative Threat Reduction Program. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program The Secretary of Defense shall implement metrics to measure the impact and effectiveness of activities of the Department of Defense Cooperative Threat Reduction Program to address threats arising from the proliferation of chemical, nuclear, and biological weapons and weapons-related materials, technologies, and expertise. D Repeals and transition provision 1641. Repeals The following provisions of law are repealed: (1) Sections 212, 221, 222, and 231 of the Soviet Nuclear Threat Reduction Act of 1991 (Public Law 102–228; 22 U.S.C. 2551 (2) Sections 1412 and 1431 of the Former Soviet Union Demilitarization Act ( Public Law 102–484 (3) Sections 1203, 1204, 1206, and 1208 of the Cooperative Threat Reduction Act of 1993 (title XII of the National Defense Authorization Act for Fiscal Year 1994; Public Law 103–160; 22 U.S.C. 5952 (4) Section 1205 of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 22 U.S.C. 5955 (5) Section 1501 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 (6) Section 1307 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 22 U.S.C. 5952 (7) Section 1303 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 (8) Sections 1303, 1304, 1306, and 1308 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (9) Section 1304 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 (10) Sections 1305 and 1306 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 22 U.S.C. 5952 (11) Sections 1303, 1305, 1307, and 1308 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 22 U.S.C. 5960 (12) Sections 1303, 1304, 1305, and 1306 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 22 U.S.C. 5952 1642. Transition provision Any determination made before the date of the enactment of this Act under section 1308(a) of the National Defense Authorization Act for Fiscal Year 2004 (22 U.S.C. 5963(a)) shall be treated as a determination under section 1612(a). Any determination made before the date of the enactment of this Act under section 1305(b) of the National Defense Authorization Act for Fiscal Year 2010 ( 22 U.S.C. 5965 B Military construction authorizations 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2015 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2017; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2017; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2018 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. XXI Army military construction 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation Amount California Concord $15,200,000 Fort Irwin $45,000,000 Colorado Fort Carson $89,000,000 Hawaii Fort Shafter $96,000,000 Kentucky Fort Campbell $23,000,000 New York Fort Drum $27,000,000 Pennsylvania Letterkenny Army Depot $16,000,000 South Carolina Fort Jackson $52,000,000 Virginia Joint Base Langley-Eustis $7,700,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation Amount Cuba Guantanamo Bay $23,800,000 Japan Kadena AB $10,600,000. 2102. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation Units Amount Illinois Rock Island 33 $19,500,000 Korea Camp Walker 90 $57,800,000. 2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $969,012,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $370,900,000. (2) For military construction projects outside the United States authorized by section 2101(b), $34,400,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $78,609,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $350,976,000. (6) For the construction of increment 3 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 2104. Modification of authority to carry out certain fiscal year 2004 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project. 2105. Modification of authority to carry out certain fiscal year 2013 projects (a) Fort Drum (1) In executing the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may provide a capital contribution to a public or private utility company in order for the utility company to extend the utility company's gas line to the installation boundary. (2) The capital contribution under subsection (a) is not considered a change in the scope of work under section 2853 (b) Fort Leonard Wood In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of Battalion Complex Facilities at the installation, the Secretary of the Army may construct the Battalion Headquarters with classrooms for a unit other than a Global Defense Posture Realignment unit. (c) Fort McNair In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 20,227 square feet of vehicle storage. 2106. Extension of authorizations of certain fiscal year 2011 project (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) as follows: Army: Extension of 2011 Project Authorizations State/Country Installation or Project Amount Georgia Fort Benning Land Acquisition $12,200,000. 2107. Extension of authorizations of certain fiscal year 2012 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) as follows: Army: Extension of 2012 Project Authorizations State Installation or Project Amount Georgia Fort Benning Land Acquisition $5,100,000 Land Acquisition $25,000,000 North Carolina Fort Bragg Unmanned Aerial Vehicle Maintenance Hangar $54,000,000 Texas Fort Bliss Applied Instruction Building $8,300,000 Vehicle Maintenance Facility $19,000,000 Fort Hood Unmanned Aerial Vehicle Maintenance Hangar $47,000,000 Virginia Fort Belvoir Road and Infrastructure Improvements $25,000,000. XXII Navy military construction 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation Amount Arizona Yuma $16,608,000 California Bridgeport $16,180,000 San Diego $47,110,000 District of Columbia Naval Support Activity Washington $31,735,000 Florida Jacksonville $30,235,000 Mayport $20,520,000 Hawaii Kaneohe Bay $53,382,000 Pearl Harbor $9,698,000 Maryland Annapolis $120,112,000 Indian Head $15,346,000 Patuxent River $9,860,000 Nevada Fallon $31,262,000 North Carolina Cherry Point Marine Corps Air Station $41,588,000 Pennsylvania Philadelphia $23,985,000 South Carolina Charleston $35,716,000 Virginia Dahlgren $27,313,000 Norfolk $39,274,000 Portsmouth $9,743,000 Quantico $12,613,000 Yorktown $26,988,000 Washington Bremerton $16,401,000 Port Angeles $20,638,000 Whidbey Island $24,390,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation Amount Bahrain Island SW Asia $27,826,000 Djibouti Camp Lemonier $9,923,000 Guam Joint Region Marianas $50,651,000 Japan Iwakuni $6,415,000 Kadena AB $19,411,000 MCAS Futenma $4,639,000 Okinawa $35,685,000 Spain Rota $20,233,000 Worldwide Unspecified Unspecified Worldwide Locations $38,985,000. 2202. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $472,000. 2203. Improvements to military family housing units Subject to section 2825 2204. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,389,213,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $680,697,000. (2) For military construction projects outside the United States authorized by section 2201(b), $213,768,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $16,412,000. (B) For support of military family housing (including functions described in section 2833 (6) For the construction of increment 4 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 2205. Modification of authority to carry out certain fiscal year 2012 projects (a) Yuma In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Yuma, Arizona, for construction of a Double Aircraft Maintenance Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). (b) Camp Pendleton In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Camp Pendleton, California, for construction of an Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet of vehicular bridge using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). (c) Kings Bay In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Kings Bay, Georgia, for construction of a Crab Island Security Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of fencing and construct two elevated fixed fighting positions with associated supporting facilities using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). 2206. Modification of authority to carry out certain fiscal year 2014 project In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage Building, and 667 square meters of Range Operations Building using appropriations available for the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 990). 2207. Extension of authorizations of certain fiscal year 2011 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorizations State/Country Installation or Project Amount Bahrain Southwest Asia Navy Central Command Ammunition Magazines $89,280,000 Guam Naval Activities, Guam Defense Access Roads Improvements $66,730,000. 2208. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2012 Project Authorizations State/Country Installation or Project Amount California Camp Pendleton North Area Waste Water Conveyance $78,271,000 Infantry Squad Defense Range $29,187,000 Twentynine Palms Land Expansion $8,665,000 Florida Jacksonville P–8A Hangar Upgrades $6,085,000 Georgia Kings Bay Crab Island Security Enclave $52,913,000 WRA Land/Water Interface $33,150,000 Maryland Patuxent River Aircraft Prototype Facility Phase 2 $45,844,000. XXIII Air Force military construction 2301. Authorized Air Force construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation Amount Alaska Clear AFS $11,500,000 Arizona Luke AFB $26,800,000 Kansas McConnell AFB $34,400,000 Massachusetts Hanscom AFB $13,500,000 Nevada Nellis AFB $53,900,000 New Jersey Joint Base McGuire-Dix-Lakehurst $5,900,000 Oklahoma Tinker AFB $111,000,000 Texas Joint Base San Antonio $5,800,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation Amount Guam Joint Region Marianas $13,400,000 United Kingdom Croughton RAF $92,223,000. 2302. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,139,521,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $262,800,000. (2) For military construction projects outside the United States authorized by section 2301(b), $105,623,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 (6) For the construction of increment 2 of the United States Cyber Command Joint Operations Center at Fort Meade, Maryland, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 992), $166,000,000. (7) For the construction of increment 4 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (8) For the construction of increment 2 of the Guam Strike Fuel Systems Maintenance Hangar at Joint Base Marianas, Guam, authorized by section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1671), $64,000,000. 2303. Modification of authority to carry out certain fiscal year 2008 project In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 515), for Shaw Air Force Base, South Carolina, for Base Infrastructure at that location, the Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the Department of the Air Force for construction in years prior to fiscal year 2015. 2304. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2011 Project Authorizations State Installation or Project Amount Bahrain, SW Asia Shaikh Isa AB North Apron Expansion $45,000,000. 2305. Extension of authorizations of certain fiscal year 2012 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2012 Project Authorizations State Installation or Project Amount Alaska Eielson AFB Dormitory (168 RM) $45,000,000 Italy Sigonella Naval Air Station UAS SATCOM Relay Pads and Facility $15,000,000. XXIV Defense agencies military construction A Defense agency authorizations 2401. Authorized defense agencies construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation Amount Arizona Fort Huachuca $1,871,000 California Camp Pendleton $11,841,000 Coronado $70,340,000 Lemoore $52,500,000 Colorado Peterson AFB $15,200,000 Conus Classified Classified Location $53,073,000 Georgia Hunter Army Airfield $7,692,000 Robins AFB $19,900,000 Hawaii Joint Base Pearl Harbor-Hickam $52,900,000 Kentucky Fort Campbell $18,000,000 Maryland Fort Meade $54,207,000 Joint Base Andrews $18,300,000 Mississippi Stennis $27,547,000 Michigan Selfridge ANGB $35,100,000 Nevada Fallon $20,241,000 New Mexico Cannon AFB $23,333,000 North Carolina Camp Lejeune $52,748,000 Fort Bragg $93,136,000 Seymour Johnson AFB $8,500,000 South Carolina Beaufort $40,600,000 South Dakota Ellsworth AFB $8,000,000 Texas Joint Base San Antonio $38,300,000 Virginia Craney Island $36,500,000 Def Distribution Depot Richmond $5,700,000 Fort Belvoir $7,239,000 Joint Base Langley-Eustis $41,200,000 Joint Expeditionary Base Little Creek-Story $39,588,000 Pentagon $15,100,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation Amount Australia Geraldton $9,600,000 Belgium Brussels $79,544,000 Cuba Guantanamo Bay $76,290,000 Japan Misawa AB $37,775,000 Okinawa $170,901,000 Sasebo $37,681,000. 2402. Authorized energy conservation projects Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 2403. Authorization of appropriations, defense agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $2,124,652,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $868,656,000. (2) For military construction projects outside the United States authorized by section 2401(b), $411,791,000. (3) For unspecified minor military construction projects under section 2805 (4) For contingency construction projects of the Secretary of Defense under section 2804 (5) For architectural and engineering services and construction design under section 2807 (6) For energy conservation projects under chapter 173 (7) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 (B) For credits (including amounts authorized for and appropriated) to the Department of Defense Family Housing Improvement Fund for functions under section 2883 (C) For credits to the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 (8) For the construction of increment 6 of the Hospital Replacement at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 (9) For the construction of increment 3 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 (10) For the construction of increment 4 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 2404. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2011 Project Authorizations State/Country Installation or Project Amount District of Columbia Bolling Air Force Base Cooling Tower Expansion $2,070,000 DIAC Parking Garage $13,586,000 Electrical Upgrades $1,080,000. 2405. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2012 Project Authorizations State Installation or Project Amount Italy USAG Vicenza Vicenza High School (Replacement) $41,864,000 Germany USAG Baumholder Wetzel-Smith Elementary School (Replacement) $59,419,000 Japan Yokota Air Base Yokota High School (Replace/Renovate) $49,606,000. 2406. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2012 Project Authorizations State Installation or Project Amount California Coronado SOF Support Activity Operations Facility $42,000,000 Virginia Pentagon Reservation Heliport Control Tower and Fire Station $6,457,000 Pentagon Memorial Pedestrian Plaza $2,285,000. B Chemical demilitarization authorizations 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for the construction of phase XV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 107–314 2412. Modification of authority to carry out certain fiscal year 2000 project (a) Modification The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 107–314 (1) in the item relating to Blue Grass Army Depot, Kentucky, by striking $746,000,000 $780,000,000 (2) by striking the amount identified as the total in the amount column and inserting $1,237,920,000 (b) Conforming amendment Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 110–417 Public Law 111–383 $723,200,000 $757,200,000 XXV North Atlantic Treaty Organization Security Investment Program 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $199,700,000. XXVI Guard and reserve forces facilities A Project authorizations and authorization of appropriations 2601. Authorized Army National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard: Inside the United States State Installation Amount Maine Augusta $32,000,000 Maryland Havre de Grace $12,400,000 Montana Helena $38,000,000 North Dakota Valley City $10,800,000 Vermont North Hyde Park $4,400,000. 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation Amount California Fresno $22,000,000 Colorado Fort Carson $5,000,000 New Jersey Joint Base McGuire-Dix-Lakehurst $26,000,000 New York Mattydale $23,000,000 Virginia Fort Lee $16,000,000. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation Amount Pennsylvania Pittsburgh $17,650,000 Washington Whidbey Island $27,755,000. 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation Amount Connecticut Bradley International Airport $16,306,000 Iowa Des Moines Municipal Airport $8,993,000 Michigan W.K. Kellogg Regional Airport $6,000,000 New Hampshire Pease International Trade Port $41,902,000 Pennsylvania Horsham Air Guard Station (Willow Grove) $5,662,000. 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount Georgia Robins AFB $27,700,000 North Carolina Seymour Johnson AFB $9,800,000 Texas Fort Worth $3,700,000. 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 (1) For the Department of the Army, for the Army National Guard of the United States, $126,920,000. (2) For the Department of the Army, for the Army Reserve, $103,946,000. (3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $51,528,000. (4) For the Department of the Air Force, for the Air National Guard of the United States, $94,663,000. (5) For the Department of the Air Force, for the Air Force Reserve, $49,492,000. B Other matters 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects (a) Kansas City (1) In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Kansas City, Kansas, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Kansas City, construct a new facility in the vicinity of Kansas City, Kansas. (2) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Attleboro (1) In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Attleboro, Massachusetts, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Attleboro, construct a new facility in the vicinity of Attleboro, Massachusetts. (2) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 2612. Modification of authority to carry out certain fiscal year 2013 project In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2134) for Stormville, New York, for construction of a Combined Support Maintenance Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New York and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot maintenance facility. 2613. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Extension of 2011 National Guard and State Installation Project Amount Puerto Rico Camp Santiago Multi Purpose Machine Gun Range $9,200,000. XXVII Base realignment and closure activities 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 (1) For the Department of the Army, $84,417,000. (2) For the Department of the Navy, $94,692,000. (3) For the Department of the Air Force, $90,976,000. XXVIII Military construction general provisions 2801. Revisions to minor military construction authorities (a) Establishment of minor military construction exception threshold Subsection (a) of section 2805 (3) For purposes of this section, the minor military construction exception threshold is $4,000,000. . (b) Increase in dollar thresholds for certain authorities relating to unspecified minor military construction (1) Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening Subsection (a)(2) of such section is amended by striking $3,000,000 the minor military construction exception threshold (2) Increase in maximum amount of operation and maintenance funds authorized to be used for certain projects Subsection (c) of such section is amended by striking $750,000 $1,000,000 (c) Increased threshold for application of secretarial approval and congressional notification requirements Subsection (b)(1) of such section is amended by striking $750,000 the amount specified in subsection (c) 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities Section 2805 (f) Adjustment of dollar limitations for location Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project. . 2803. Change in authorities relating to scope of work variations for military construction projects (a) Limited authority for scope of work increase Section 2853 (1) in subsection (b)(2), by striking The scope of work Except as provided in subsection (d), the scope of work (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following new subsection (d): (d) The limitation in subsection (b)(2) on an increase in the scope of work does not apply if— (1) the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition; (2) the increase is approved by the Secretary concerned; (3) the Secretary concerned notifies the appropriate committees of Congress in writing of the increase in scope and the reasons therefor; and (4) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 . (b) Cross-Reference amendments (1) Subsection (a) of such section is amended by striking subsection (c) or (d) subsection (c), (d), or (e) (2) Subsection (f) of such section, as redesignated by subsection (a)(2), is amended by striking through (d) through (e) (c) Additional technical amendments (1) Conformity with general title 10 style Subsection (a) of such section is further amended by inserting of this title section 2805(a) (2) Deletion of surplus word Subsection (c)(1)(A) of such section is amended by striking be Congress can 2804. Modification of Department of Defense authority to accept financial incentives, goods, or services under the authority of energy savings contracts and activities (a) Authority To accept from State and local government Section 2913(c) or a State or local government, a gas or electric utility, (b) Retention of receipts Section 2912(c) from gas or electric utilities 2805. Clarification of authority to enter into energy saving performance contracts (a) Definition of energy savings Paragraph (2)(A) of section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (2) by inserting after clause (i) the following new clause (ii): (ii) with respect to operating equipment covered by a lease or purchase referred to in clause (i)— (I) repair or modification of existing buildings and infrastructure to accommodate the operating equipment; or (II) construction of buildings, structures, and infrastructure to accommodate the operating equipment in order to provide necessary support to the primary function of the operating equipment; . (b) Oversight Section 801 of such Act ( 42 U.S.C. 8287 (d) Additional rules for Department of Defense With respect to the Department of Defense— (1) when a decision to carry out an energy savings performance contract that includes construction of a new facility with an estimated value of $10,000,000 or more or a new facility that will cover more than 5,000 square feet of land, the project shall be subject to the same requirements and limitations as apply under section 2805(b)(2) (2) when a decision is made to carry out an energy savings performance contract that includes a repair project with an estimated cost of $7,500,000 or more, the project shall be subject to the same requirements and limitations as apply under section 2811 of title 10, United States Code, to a project subject to that section. . 2806. Production and use of natural gas at Fort Knox, Kentucky (a) In general Chapter 449 4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky (a) Authority The Secretary of the Army may provide, by contract or otherwise, for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 352 (b) Limitation on uses Any natural gas produced under the authority of subsection (a) may only be used to support activities and operations at Fort Knox and may not be sold for use elsewhere. (c) Ownership of facilities The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from a contractor in accordance with the terms of a contract or other agreement entered into pursuant to subsection (a). . (b) Limitation on application elsewhere Nothing in this section shall be construed as authorizing the production, treatment, management, or use of natural gas resources underlying any Department of Defense installation other than Fort Knox. (c) Effective date The authority of the Secretary of the Army under section 4781 (d) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky. . 2807. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions (a) Authority To credit reimbursed funds to accounts currently available The first sentence of section 2695(c) (1) by striking shall be credited to shall be credited, at the option of the Secretary concerned, to (1) (2) by inserting before the period at the end the following: , or (2) an appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid (b) Prospective applicability The amendments made by subsection (a) shall not apply with respect to expenses incurred with appropriations provided to the Secretary of a military department before the date of the enactment of this Act. XXIX Defense base closure and realignment 2901. Short title and purpose (a) Short title This title may be cited as the Defense Base Closure and Realignment Act of 2014 (b) Purpose The purpose of this title is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States. 2902. The Commission (a) Establishment There is established an independent commission to be known as the Defense Base Closure and Realignment Commission (b) Duties The Commission shall carry out the duties specified for it in this title. (c) Appointment (1) (A) The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate. (B) Subject to the certifications required under section 2903(b), the President may commence a round for the selection of military installations for closure and realignment under this title in 2017 by transmitting to the Senate, not later than March 1, 2017, nominations for appointment to the Commission. (C) If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with— (A) the Speaker of the House of Representatives concerning the appointment of two members; (B) the majority leader of the Senate concerning the appointment of two members; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission. (d) Terms (1) Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission. (2) The Chairman of the Commission shall serve until the confirmation of a successor. (e) Meetings (1) The Commission shall meet only during calendar year 2017. (2) (A) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (B) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: (i) The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (ii) The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (iii) The Chairmen and ranking minority party members of the subcommittees with jurisdiction for military construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the subcommittees designated by such Chairmen or ranking minority party members. (f) Vacancies A vacancy in the Commission shall be filled in the same manner as the original appointment, but 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. (g) Pay and travel expenses (1) (A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314, (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 5703 (h) Director of staff (1) The Commission shall, without regard to section 5311 (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 (i) Staff (1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 (3) (A) Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense. (B) (i) Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission. (ii) No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency. (C) A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations. (D) No member of the armed forces, and no officer or employee of the Department of Defense, may— (i) prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff; (ii) review the preparation of such a report; or (iii) approve or disapprove such a report. (4) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this title. (5) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (6) The following restrictions relating to the personnel of the Commission shall apply during the period beginning January 1, 2018, and ending April 15, 2018: (A) There may not be more than 15 persons on the staff at any one time. (B) The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year. (C) No member of the armed forces and no employee of the Department of Defense may serve on the staff. (j) Other authority (1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (k) Funding (1) There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this title. Such funds shall remain available until expended. (2) If no funds are appropriated to the Commission by the end of the second session of the 114th Congress, the Secretary of Defense may transfer to the Commission for purposes of its activities under this title in that year such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended. (l) Termination The Commission shall terminate on April 15, 2018. (m) Prohibition against restricting communications Section 1034 2903. Procedure for making recommendations for base closures and realignments (a) Force-Structure plan and infrastructure inventory (1) Preparation and submission As part of the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2017, the Secretary shall submit to Congress the following: (A) A force-structure plan for the armed forces based on an assessment by the Secretary of the probable threats to the national security during the 20-year period beginning with that fiscal year, the probable end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) needed to meet these threats, and the anticipated levels of funding that will be available for national defense purposes during such period. (B) A comprehensive inventory of military installations worldwide for each military department, with specifications of the number and type of facilities in the active and reserve forces of each military department. (2) Relationship of plan and inventory Using the force-structure plan and infrastructure inventory prepared under paragraph (1), the Secretary shall prepare (and include as part of the submission of such plan and inventory) the following: (A) A description of the infrastructure necessary to support the force structure described in the force-structure plan. (B) A discussion of categories of excess infrastructure and infrastructure capacity. (C) An economic analysis of the effect of the closure or realignment of military installations to reduce excess infrastructure. (3) Special considerations In determining the level of necessary versus excess infrastructure under paragraph (2), the Secretary shall consider the following: (A) The anticipated continuing need for and availability of military installations outside the United States, taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of such military installations. (B) Any efficiencies that may be gained from joint tenancy by more than one branch of the armed forces at a military installation. (4) Revision The Secretary may revise the force-structure plan and infrastructure inventory. If the Secretary makes such a revision, the Secretary shall submit the revised plan or inventory to Congress not later than March 15th of the year following the year in which such plan was first submitted. For purposes of selecting military installations for closure or realignment under this title in the year in which a revision is submitted, no revision of the force-structure plan or infrastructure inventory is authorized after that date. (b) Certification of need for further closures and realignments (1) Certification required On the basis of the force-structure plan and infrastructure inventory prepared under subsection (a) and the descriptions and economic analysis prepared under such subsection, the Secretary shall include as part of the submission of the plan and inventory— (A) a certification regarding whether the need exists for the closure or realignment of additional military installations; and (B) if such need exists, a certification that the additional round of closures and realignments would result in annual net savings for each of the military departments beginning not later than six years following the commencement of such closures and realignments. (2) Effect of failure to certify If the Secretary does not include the certifications referred to in paragraph (1), the President may not commence a round for the selection of military installations for closure and realignment under this title in the year following submission of the force-structure plan and infrastructure inventory. (c) Comptroller general evaluation (1) Evaluation required If the certification is provided under subsection (b), the Comptroller General shall prepare an evaluation of the following: (A) The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection criteria specified in paragraph (d), including an evaluation of the accuracy and analytical sufficiency of such plan, inventory, and criteria. (B) The need for the closure or realignment of additional military installations. (2) Submission The Comptroller General shall submit the evaluation to Congress not later than 60 days after the date on which the force-structure plan and infrastructure inventory are submitted to Congress. (d) Final selection criteria (1) In general The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017 shall be the military value and other criteria specified in paragraphs (2) and (3). (2) Military value criteria The military value criteria are as follows: (A) The current and future mission capabilities and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, and readiness. (B) The availability and condition of land, facilities, and associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas and staging areas for the use of the armed forces in homeland defense missions) at both existing and potential receiving locations. (C) The ability to accommodate contingency, mobilization, surge, and future total force requirements at both existing and potential receiving locations to support operations and training. (D) The cost of operations and the manpower implications. (3) Other criteria The other criteria that the Secretary shall use in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017 are as follows: (A) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. (B) The economic impact on existing communities in the vicinity of military installations. (C) The ability of the infrastructure of both the existing and potential receiving communities to support forces, missions, and personnel. (D) The environmental impact, including the impact of costs related to potential environmental restoration, waste management, and environmental compliance activities. (e) Priority given to military value The Secretary shall give priority consideration to the military value criteria specified in subsection (d)(2) in the making of recommendations for the closure or realignment of military installations. (f) Effect on department and other agency costs The selection criteria relating to the cost savings or return on investment from the proposed closure or realignment of military installations shall take into account the effect of the proposed closure or realignment on the costs of any other activity of the Department of Defense or any other Federal agency that may be required to assume responsibility for activities at the military installations. (g) Relation to other materials The final selection criteria specified in this section shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in subsection (a), in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017. (h) DOD recommendations (1) If the Secretary makes the certifications required under subsection (b), the Secretary shall, by no later than May 12, 2017, publish in the Federal Register and transmit to the congressional defense committees and to the Commission a list of the military installations inside the United States that the Secretary recommends for closure or realignment on the basis of the force-structure plan and infrastructure inventory prepared by the Secretary under subsection (a) and the final selection criteria specified in subsection (d) that are applicable to the year concerned. (2) The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. The Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days after the date of the transmittal to the congressional defense committees and the Commission of the list referred to in paragraph (1). (3) (A) In considering military installations for closure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or realignment by the Department. (B) In considering military installations for closure or realignment, the Secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation. (C) For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a closure or realignment of a military installation, advance conversion planning— (i) shall include community adjustment and economic diversification planning undertaken by the community before an anticipated selection of a military installation in or near the community for closure or realignment; and (ii) may include the development of contingency redevelopment plans, plans for economic development and diversification, and plans for the joint use (including civilian and military use, public and private use, civilian dual use, and civilian shared use) of the property or facilities of the installation after the anticipated closure or realignment. (D) In making recommendations to the Commission, the Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the installation. (E) Notwithstanding the requirement in subparagraph (D), the Secretary shall make the recommendations referred to in that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable to such recommendations. (F) The recommendations shall include a statement of the result of the consideration of any notice described in subparagraph (D) that is received with respect to a military installation covered by such recommendations. The statement shall set forth the reasons for the result. (4) In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or Member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States. (5) (A) Each person referred to in subparagraph (B), when submitting information to the Secretary of Defense or the Commission concerning the closure or realignment of a military installation, shall certify that such information is accurate and complete to the best of that person's knowledge and belief. (B) Subparagraph (A) applies to the following persons: (i) The Secretaries of the military departments. (ii) The heads of the Defense Agencies. (iii) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realignment of military installations, as designated in regulations which the Secretary of Defense shall prescribe, regulations which the Secretary of each military department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for personnel within that Defense Agency. (6) Any information provided to the Commission by a person described in paragraph (5)(B) shall also be submitted to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and House of Representatives within 48 hours after the submission of the information to the Commission. (i) Review and recommendations by the commission (1) After receiving the recommendations from the Secretary pursuant to subsection (h) for any year, the Commission shall conduct public hearings on the recommendations. All testimony before the Commission at a public hearing conducted under this paragraph shall be presented under oath. (2) (A) The Commission shall, by no later than October 1 of each year in which the Secretary transmits recommendations to it pursuant to subsection (h), transmit to the President a report containing the Commission’s findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission’s recommendations for closures and realignments of military installations inside the United States. (B) Subject to subparagraphs (C) and (E), in making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary deviated substantially from the force-structure plan and final criteria referred to in subsection (d)(1) in making recommendations. (C) In the case of a change described in subparagraph (D) in the recommendations made by the Secretary, the Commission may make the change only if— (i) the Commission— (I) makes the determination required by subparagraph (B); (II) determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (d)(1); (III) publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to subparagraph (A); and (IV) conducts public hearings on the proposed change; (ii) at least two members of the Commission visit the military installation before the date of the transmittal of the report; and (iii) the decision of the Commission to make the change is supported by at least seven members of the Commission. (D) Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations that would— (i) add a military installation to the list of military installations recommended by the Secretary for closure; (ii) add a military installation to the list of military installations recommended by the Secretary for realignment; or (iii) increase the extent of a realignment of a particular military installation recommended by the Secretary. (E) The Commission may not consider making a change in the recommendations of the Secretary that would add a military installation to the Secretary's list of installations recommended for closure or realignment unless, in addition to the requirements of subparagraph (C)— (i) the Commission provides the Secretary with at least a 15-day period, before making the change, in which to submit an explanation of the reasons why the installation was not included on the closure or realignment list by the Secretary; and (ii) the decision to add the installation for Commission consideration is supported by at least seven members of the Commission. (F) In making recommendations under this paragraph, the Commission may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of a military installation. (3) The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (h). The Commission shall transmit a copy of such report to the congressional defense committees on the same date on which it transmits its recommendations to the President under paragraph (2). (4) After October 1 of each year in which the Commission transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations. (5) The Comptroller General of the United States shall— (A) assist the Commission, to the extent requested, in the Commission’s review and analysis of the recommendations made by the Secretary pursuant to subsection (h); and (B) by no later than July 1 of each year in which the Secretary makes such recommendations, transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary’s recommendations and selection process. (j) Review by the president (1) The President shall, by no later than October 15 of each year in which the Commission makes recommendations under subsection (i), transmit to the Commission and to the Congress a report containing the President’s approval or disapproval of the Commission’s recommendations. (2) If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval. (3) If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than November 18 of the year concerned, a revised list of recommendations for the closure and realignment of military installations. (4) If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such approval. (5) If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by December 2 of any year in which the Commission has transmitted recommendations to the President under this title, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. 2904. Closure and realignment of military installations (a) In general Subject to subsection (b), the Secretary shall— (1) close all military installations recommended for closure by the Commission in each report transmitted to the Congress by the President pursuant to section 2903(j); (2) realign all military installations recommended for realignment by such Commission in each such report; (3) carry out the privatization in place of a military installation recommended for closure or realignment by the Commission only if privatization in place is a method of closure or realignment of the military installation specified in the recommendations of the Commission in such report and is determined by the Commission to be the most cost-effective method of implementation of the recommendation; (4) initiate all such closures and realignments no later than two years after the date on which the President transmits a report to the Congress pursuant to section 2903(j) containing the recommendations for such closures or realignments; and (5) complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(j) containing the recommendations for such closures or realignments. (b) Congressional disapproval (1) The Secretary may not carry out any closure or realignment recommended by the Commission in a report transmitted from the President pursuant to section 2903(j) if a joint resolution is enacted, in accordance with the provisions of section 2908, disapproving such recommendations of the Commission before the earlier of— (A) the end of the 45-day period beginning on the date on which the President transmits such report; or (B) the adjournment of Congress sine die for the session during which such report is transmitted. (2) For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on which either House of Congress is not in session because of adjournment of more than three days to a day certain shall be excluded in the computation of a period. 2905. Implementation (a) In general (1) In closing or realigning any military installation under this title, the Secretary may— (A) take such actions as may be necessary to close or realign any military installation, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance; (B) provide— (i) economic adjustment assistance to any community located near a military installation being closed or realigned, and (ii) community planning assistance to any community located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installation, if the Secretary of Defense determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for economic adjustment assistance or community planning assistance; (C) carry out activities for the purposes of environmental restoration and mitigation at any such installation, and shall use for such purposes funds in the Account; (D) provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and (E) reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and available for such purpose. (2) In carrying out any closure or realignment under this title, the Secretary shall ensure that environmental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as possible with funds available for such purpose. (b) Management and disposal of property (1) The Administrator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this title— (A) the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code; (B) the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; (C) the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code; and (D) the authority of the Administrator to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 ( 16 U.S.C. 667b (2) (A) Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with— (i) all regulations governing the utilization of excess property and the disposal of surplus property under subtitle I of title 40, United States Code; and (ii) all regulations governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 ( 50 U.S.C. App. 1622(g) (B) The Secretary may, with the concurrence of the Administrator of General Services— (i) prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph (1); and (ii) issue regulations relating to such policies and methods, which shall supersede the regulations referred to in subparagraph (A) with respect to that authority. (C) The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this title, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard. (D) Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this title, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned. (E) If a military installation to be closed, realigned, or placed in an inactive status under this title includes a road used for public access through, into, or around the installation, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned or the purpose of considering the continued availability of the road for public use after the installation is closed, realigned, or placed in an inactive status. (3) (A) Not later than 6 months after the date of approval of the closure or realignment of a military installation under this title, the Secretary, in consultation with the redevelopment authority with respect to the installation, shall— (i) inventory the personal property located at the installation; and (ii) identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation. (B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with— (i) the local government in whose jurisdiction the installation is wholly located; or (ii) a local government agency or State government agency designated for the purpose of such consultation by the chief executive officer of the State in which the installation is located. (C) (i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier of— (I) one week after the date on which the redevelopment plan for the installation is submitted to the Secretary; (II) the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan; (III) twenty-four months after the date of approval of the closure or realignment of the installation; or (IV) ninety days before the date of the closure or realignment of the installation. (ii) The activities referred to in clause (i) are activities relating to the closure or realignment of an installation to be closed or realigned under this title as follows: (I) The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A). (II) The reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes. (D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property located at an installation to be closed or realigned under this title to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation. (E) This paragraph shall not apply to any personal property located at an installation to be closed or realigned under this title if the property— (i) is required for the operation of a unit, function, component, weapon, or weapons system at another installation; (ii) is uniquely military in character, and is likely to have no civilian use (other than use for its material content or as a source of commonly used components); (iii) is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority); (iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or (v) (I) meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary; and (II) is the subject of a written request by the head of the department or agency. (F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States. (4) (A) The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this title to the redevelopment authority with respect to the installation for purposes of job generation on the installation. (B) The transfer of property located at a military installation under subparagraph (A) may be for consideration at or below the estimated fair market value or without consideration. The determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. The Secretary may accept, as consideration, a share of the revenues that the redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The transfer of property located at a military installation under subparagraph (A) may be made for consideration below the estimated fair market value or without consideration only if the redevelopment authority with respect to the installation— (i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph (A) shall be used to support the economic redevelopment of, or related to, the installation; and (ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) For purposes of subparagraph (B)(i), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation: (i) Road construction. (ii) Transportation management facilities. (iii) Storm and sanitary sewer construction. (iv) Police and fire protection facilities and other public facilities. (v) Utility construction. (vi) Building rehabilitation. (vii) Historic property preservation. (viii) Pollution prevention equipment or facilities. (ix) Demolition. (x) Disposal of hazardous materials generated by demolition. (xi) Landscaping, grading, and other site or public improvements. (xii) Planning for or the marketing of the development and reuse of the installation. (D) The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B). (E) (i) The Secretary may transfer real property at an installation approved for closure or realignment under this title (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph. (ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned. (iii) A lease under clause (i) may not require rental payments by the United States. (iv) A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned. (v) Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include— (I) municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or (II) firefighting or security-guard functions. (F) The transfer of personal property under subparagraph (A) shall not be subject to the provisions of subchapters II and III of chapter 5 (G) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (H) The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States. (5) (A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed or realigned under this title, or will accept transfer of any portion of such installation, are made not later than 6 months after the date of approval of closure or realignment of that installation. (B) The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph (A) with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure or realignment of the installation. (C) (i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation. (ii) Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility. (6) (A) The disposal of buildings and property located at installations approved for closure or realignment under this title shall be carried out in accordance with this paragraph. (B) (i) Not later than the date on which the Secretary of Defense completes the final determinations referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered by this paragraph, the Secretary shall— (I) identify the buildings and property at the installation for which the Department of Defense has a use, for which another department or agency of the Federal Government has identified a use, or of which another department or agency will accept a transfer; (II) take such actions as are necessary to identify any building or property at the installation not identified under subclause (I) that is excess property or surplus property; (III) submit to the Secretary of Housing and Urban Development and to the redevelopment authority for the installation (or the chief executive officer of the State in which the installation is located if there is no redevelopment authority for the installation at the completion of the determination described in the stem of this sentence) information on any building or property that is identified under subclause (II); and (IV) publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause (II). (ii) Upon the recognition of a redevelopment authority for an installation covered by this paragraph, the Secretary of Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the redevelopment authority. (C) (i) State and local governments, representatives of the homeless, and other interested parties located in the communities in the vicinity of an installation covered by this paragraph shall submit to the redevelopment authority for the installation a notice of the interest, if any, of such governments, representatives, and parties in the buildings or property, or any portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of the government, representative, or party concerned for the buildings or property covered by the notice. (ii) The redevelopment authority for an installation shall assist the governments, representatives, and parties referred to in clause (i) in evaluating buildings and property at the installation for purposes of this subparagraph. (iii) In providing assistance under clause (ii), a redevelopment authority shall— (I) consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and (II) undertake outreach efforts to provide information on the buildings and property to representatives of the homeless, and to other persons or entities interested in assisting the homeless, in such communities. (iv) It is the sense of Congress that redevelopment authorities should begin to conduct outreach efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of approval of closure or realignment of the installation. (D) (i) State and local governments, representatives of the homeless, and other interested parties shall submit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date specified for such notice by the redevelopment authority. (ii) The date specified under clause (i) shall be— (I) in the case of an installation for which a redevelopment authority has been recognized as of the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 months and not later than 6 months after the date of publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under subparagraph (B)(i)(IV); and (II) in the case of an installation for which a redevelopment authority is not recognized as of such date, not earlier than 3 months and not later than 6 months after the date of the recognition of a redevelopment authority for the installation. (iii) Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall— (I) publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned; and (II) notify the Secretary of Defense of the date. (E) (i) In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use of buildings or property at an installation to assist the homeless, a representative of the homeless shall submit the following: (I) A description of the homeless assistance program that the representative proposes to carry out at the installation. (II) An assessment of the need for the program. (III) A description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation. (IV) A description of the buildings and property at the installation that are necessary in order to carry out the program. (V) A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program. (VI) An assessment of the time required in order to commence carrying out the program. (ii) A redevelopment authority may not release to the public any information submitted to the redevelopment authority under clause (i)(V) without the consent of the representative of the homeless concerned unless such release is authorized under Federal law and under the law of the State and communities in which the installation concerned is located. (F) (i) The redevelopment authority for each installation covered by this paragraph shall prepare a redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, consider the interests in the use to assist the homeless of the buildings and property at the installation that are expressed in the notices submitted to the redevelopment authority under subparagraph (C). (ii) (I) In connection with a redevelopment plan for an installation, a redevelopment authority and representatives of the homeless shall prepare legally binding agreements that provide for the use to assist the homeless of buildings and property, resources, and assistance on or off the installation. The implementation of such agreements shall be contingent upon the decision regarding the disposal of the buildings and property covered by the agreements by the Secretary of Defense under subparagraph (K) or (L). (II) Agreements under this clause shall provide for the reversion to the redevelopment authority concerned, or to such other entity or entities as the agreements shall provide, of buildings and property that are made available under this paragraph for use to assist the homeless in the event that such buildings and property cease being used for that purpose. (iii) A redevelopment authority shall provide opportunity for public comment on a redevelopment plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and Urban Development under subparagraph (G). (iv) A redevelopment authority shall complete preparation of a redevelopment plan for an installation and submit the plan under subparagraph (G) not later than 9 months after the date specified by the redevelopment authority for the installation under subparagraph (D). (G) (i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority shall submit an application containing the plan to the Secretary of Defense and to the Secretary of Housing and Urban Development. (ii) A redevelopment authority shall include in an application under clause (i) the following: (I) A copy of the redevelopment plan, including a summary of any public comments on the plan received by the redevelopment authority under subparagraph (F)(iii). (II) A copy of each notice of interest of use of buildings and property to assist the homeless that was submitted to the redevelopment authority under subparagraph (C), together with a description of the manner, if any, in which the plan addresses the interest expressed in each such notice and, if the plan does not address such an interest, an explanation why the plan does not address the interest. (III) A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan. (IV) A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the redevelopment authority consulted in preparing the plan, and the results of such consultations. (V) An assessment of the manner in which the redevelopment plan balances the expressed needs of the homeless and the need of the communities in the vicinity of the installation for economic redevelopment and other development. (VI) Copies of the agreements that the redevelopment authority proposes to enter into under subparagraph (F)(ii). (H) (i) Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the review is to determine whether the plan, with respect to the expressed interest and requests of representatives of the homeless— (I) takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of existing services in such communities to meet the needs of the homeless in such communities, and the suitability of the buildings and property covered by the plan for the use and needs of the homeless in such communities; (II) takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation; (III) balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities; (IV) was developed in consultation with representatives of the homeless and the homeless assistance planning boards, if any, in the communities in the vicinity of the installation; and (V) specifies the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes. (ii) It is the sense of Congress that the Secretary of Housing and Urban Development shall, in completing the review of a plan under this subparagraph, take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan. (iii) The Secretary of Housing and Urban Development may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause (i) with a view toward resolving any preliminary determination of the Secretary that a redevelopment plan does not meet a requirement set forth in that clause. The redevelopment authority may modify the redevelopment plan as a result of such negotiations and consultations. (iv) Upon completion of a review of a redevelopment plan under clause (i), the Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under that clause. (v) If the Secretary of Housing and Urban Development determines as a result of such a review that a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause (iv) shall include— (I) an explanation of that determination; and (II) a statement of the actions that the redevelopment authority must undertake in order to address that determination. (I) (i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the opportunity to— (I) revise the plan in order to address the determination; and (II) submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban Development. (ii) A redevelopment authority shall submit a revised plan under this subparagraph to such Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority receives the notice referred to in clause (i). (J) (i) Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the Secretary of Housing and Urban Development shall review the revised plan and determine if the plan meets the requirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under this subparagraph. (K) (i) Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property at the installation. (ii) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. (iii) The Secretary of Defense shall dispose of buildings and property under clause (i) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (iv) The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration. (v) In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 550 chapter 471 (L) (i) If the Secretary of Housing and Urban Development determines under subparagraph (J) that a revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall— (I) review the original redevelopment plan submitted to that Secretary under subparagraph (G), including the notice or notices of representatives of the homeless referred to in clause (ii)(II) of that subparagraph; (II) consult with the representatives referred to in subclause (I), if any, for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless; (III) request that each such representative submit to that Secretary the items described in clause (ii); and (IV) based on the actions of that Secretary under subclauses (I) and (II), and on any information obtained by that Secretary as a result of such actions, indicate to the Secretary of Defense the buildings and property at the installation that meet the requirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban Development may request under clause (i)(III) that a representative of the homeless submit to that Secretary the following: (I) A description of the program of such representative to assist the homeless. (II) A description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless. (III) Such information as that Secretary requires in order to determine the financial capacity of the representative to carry out the program and to ensure that the program will be carried out in compliance with Federal environmental law and Federal law against discrimination. (IV) A certification that police services, fire protection services, and water and sewer services available in the communities in the vicinity of the installation concerned are adequate for the program. (iii) Not later than 90 days after the date of the receipt of a revised plan for an installation under subparagraph (J), the Secretary of Housing and Urban Development shall— (I) notify the Secretary of Defense and the redevelopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development determines are suitable for use to assist the homeless; and (II) notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i). (iv) (I) Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall dispose of buildings and property at the installation in consultation with the Secretary of Housing and Urban Development and the redevelopment authority concerned. (II) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan submitted by the redevelopment authority for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall incorporate the notification of the Secretary of Housing and Urban Development under clause (iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the Secretary of Defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole, taking into consideration the redevelopment plan submitted by the redevelopment authority. (III) The Secretary of Defense shall dispose of buildings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (IV) The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration. (V) In the case of a request for a conveyance under subclause (I) of buildings and property for public benefit under section 550 chapter 471 (M) (i) In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K) or (L), the redevelopment authority for the installation shall be responsible for the implementation of and compliance with agreements under the redevelopment plan described in that subparagraph for the installation. (ii) If a building or property reverts to a redevelopment authority under such an agreement, the redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, the utilization of the building or property by other homeless representatives to assist the homeless. A redevelopment authority may not be required to utilize the building or property to assist the homeless. (N) The Secretary of Defense may postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary considers appropriate if the Secretary determines that such postponement is in the interests of the communities affected by the closure or realignment of the installation. The Secretary shall make such determinations in consultation with the redevelopment authority concerned and, in the case of deadlines provided for under this paragraph with respect to the Secretary of Housing and Urban Development, in consultation with the Secretary of Housing and Urban Development. (O) For purposes of this paragraph, the term communities in the vicinity of the installation (P) For purposes of this paragraph, the term other interested parties section 550 (7) (A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this title, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense. (B) The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 (C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed. (D) The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government. (c) Applicability of national environmental policy act of 1969 (1) The provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) (A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this title (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. (B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider— (i) the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission; (ii) the need for transferring functions to any military installation which has been selected as the receiving installation; or (iii) military installations alternative to those recommended or selected. (3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act. (d) Waiver The Secretary of Defense may close or realign military installations under this title without regard to— (1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and (2) sections 2662 and 2687 of title 10, United States Code. (e) Transfer authority in connection with payment of environmental remediation costs (1) (A) Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (B) The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed, or realigned or to be realigned, under this title that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection. The real property and facilities referred to in subparagraph (A) are also the real property and facilities located at an installation approved for closure or realignment under this title after 2001 that are available for purposes other than to assist the homeless. (C) The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States. (2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that— (A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Secretary with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or (B) if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs. (3) In the case of property or facilities covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such property or facilities an amount equal to the lesser of— (A) the amount by which the costs incurred by the recipient of such property or facilities for all environmental restoration, waste, management, and environmental compliance activities with respect to such property or facilities exceed the fair market value of such property or facilities as specified in such certification; or (B) the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such property or facilities exceed the fair market value of such property or facilities as so specified. (4) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement. (5) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (6) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 2906. Department of Defense Base Closure Account 2014 (a) In general (1) If the Secretary makes the certifications required under section 2903(b), there shall be established on the books of the Treasury an account to be known as the Department of Defense Base Closure Account 2014 Account (2) There shall be deposited into the Account— (A) funds authorized for and appropriated to the Account; (B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and (C) except as provided in subsection (d), proceeds received from the lease, transfer, or disposal of any property at a military installation that is closed or realigned under this title. (3) The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 (b) Use of funds (1) The Secretary may use the funds in the Account only for the purposes described in section 2905 with respect to military installations approved for closure or realignment under this title. (2) When a decision is made to use funds in the Account to carry out a construction project under section 2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify in writing the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to section 2802(a) (c) Reports (1) (A) No later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this title using amounts in the Account, the Secretary shall transmit a report to the congressional defense committees of— (i) the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year; (ii) the amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year; (iii) the amount and nature of anticipated deposits to be made into, and the anticipated expenditures to be made from, the Account during the first fiscal year commencing after the submission of the report; and (iv) the amount and nature of anticipated expenditures to be made pursuant to section 2905(a) during the first fiscal year commencing after the submission of the report. (B) The report for a fiscal year shall include the following: (i) The obligations and expenditures from the Account during the fiscal year, identified by subaccount and installation, for each military department and Defense Agency. (ii) The fiscal year in which appropriations for such expenditures were made and the fiscal year in which finds were obligated for such expenditures. (iii) Each military construction project for which such obligations and expenditures were made, identified by installation and project title. (iv) A description and explanation of the extent, if any, to which expenditures for military construction projects for the fiscal year differed from proposals for projects and funding levels that were included in the justification transmitted to Congress under section 2907(1), or otherwise, for the funding proposals for the Account for such fiscal year, including an explanation of— (I) any failure to carry out military construction projects that were so proposed; and (II) any expenditures for military construction projects that were not so proposed. (v) An estimate of the net revenues to be received from property disposals to be completed during the first fiscal year commencing after the submission of the report at military installations approved for closure or realignment under this title. (2) No later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional defense committees a report containing an accounting of— (A) all the funds deposited into and expended from the Account or otherwise expended under this title with respect to such installations; and (B) any amount remaining in the Account. (d) Disposal or transfer of commissary stores and property purchased with nonappropriated funds (1) If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note). (2) The amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary. (3) The Secretary may use amounts in the reserve account, without further appropriation, for the purpose of acquiring, constructing, and improving— (A) commissary stores; and (B) real property and facilities for nonappropriated fund instrumentalities. (4) As used in this subsection: (A) The term commissary store funds section 2685 (B) The term nonappropriated funds (C) The term nonappropriated fund instrumentality (e) Account exclusive source of funds for environmental restoration projects Except for funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be used for purposes described in section 2905(a)(1)(C). The prohibition in this subsection shall expire upon the closure of the Account under subsection (a)(3). (f) Authorized cost and scope of work variations (1) Subject to paragraphs (2) and (3), the cost authorized for a military construction project or military family housing project to be carried out using funds in the Account may not be increased or reduced by more than 20 percent or $2,000,000, whichever is less, of the amount specified for the project in the conference report to accompany the Military Construction Authorization Act authorizing the project. The scope of work for such a project may not be reduced by more than 25 percent from the scope specified in the most recent budget documents for the projects listed in such conference report. (2) Paragraph (1) shall not apply to a military construction project or military family housing project to be carried out using funds in the Account with an estimated cost of less than $5,000,000, unless the project has not been previously identified in any budget submission for the Account and exceeds the applicable minor construction threshold under section 2805 (3) The limitation on cost or scope variation in paragraph (1) shall not apply if the Secretary of Defense makes a determination that an increase or reduction in cost or a reduction in the scope of work for a military construction project or military family housing project to be carried out using funds in the Account needs to be made for the sole purpose of meeting unusual variations in cost or scope. If the Secretary makes such a determination, the Secretary shall notify the congressional defense committees of the variation in cost or scope not later than 21 days before the date on which the variation is made in connection with the project or, if the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code, not later than 14 days before the date on which the variation is made. The Secretary shall include the reasons for the variation in the notification. 2907. Reports (a) Reporting requirement As part of the budget request for fiscal year 2019 and for each fiscal year thereafter through fiscal year 2030 for the Department of Defense, the Secretary shall transmit to the congressional defense committees— (1) a schedule of the closure actions to be carried out under this title in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and of the time period in which these savings are to be achieved in each case, together with the Secretary’s assessment of the environmental effects of such actions; (2) a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures, together with the Secretary’s assessment of the environmental effects of such transfers; (3) a description of the closure actions already carried out at each military installation since the date of the installation's approval for closure under this title and the current status of the closure of the installation, including whether— (A) a redevelopment authority has been recognized by the Secretary for the installation; (B) the screening of property at the installation for other Federal use has been completed; and (C) a redevelopment plan has been agreed to by the redevelopment authority for the installation; (4) a description of redevelopment plans for military installations approved for closure under this title, the quantity of property remaining to be disposed of at each installation as part of its closure, and the quantity of property already disposed of at each installation; (5) a list of the Federal agencies that have requested property during the screening process for each military installation approved for closure under this title, including the date of transfer or anticipated transfer of the property to such agencies, the acreage involved in such transfers, and an explanation for any delays in such transfers; (6) a list of known environmental remediation issues at each military installation approved for closure under this title, including the acreage affected by these issues, an estimate of the cost to complete such environmental remediation, and the plans (and timelines) to address such environmental remediation; and (7) an estimate of the date for the completion of all closure actions at each military installation approved for closure or realignment under this title. 2908. Congressional consideration of commission report (a) Terms of the resolution For purposes of section 2904(b), the term joint resolution (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress disapproves the recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on (3) the title of which is as follows: Joint resolution disapproving the recommendations of the Defense Base Closure and Realignment Commission. (b) Referral A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. (c) Discharge If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 2903(j), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration (1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is 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. A member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. 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 respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. 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. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) 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. (4) 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 resolution described in subsection (a) shall be decided without debate. (e) Consideration by other house (1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) 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. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the senate and house This section is enacted by Congress— (1) 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 resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) 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. 2909. Restriction on other base closure authority (a) In general Except as provided in subsection (c), during the period beginning on the date of the enactment of this Act, and ending on April 15, 2018, this title shall be the exclusive authority for selecting for closure or realignment, or for carrying out any closure or realignment of, a military installation inside the United States. (b) Restriction Except as provided in subsection (c), none of the funds available to the Department of Defense may be used, other than under this title, during the period specified in subsection (a)— (1) to identify, through any transmittal to the Congress or through any other public announcement or notification, any military installation inside the United States as an installation to be closed or realigned or as an installation under consideration for closure or realignment; or (2) to carry out any closure or realignment of a military installation inside the United States. (c) Exception Nothing in this title affects the authority of the Secretary to carry out closures and realignments to which section 2687 2910. Definitions As used in this title: (1) The term Account (2) The term congressional defense committees (3) The term Commission (4) The term military installation (5) The term realignment (6) The term Secretary (7) The term United States (8) The term date of approval (9) The term redevelopment authority (10) The term redevelopment plan (A) is agreed to by the local redevelopment authority with respect to the installation; and (B) provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse and redevelopment as a result of the closure or realignment of the installation. (11) The term representative of the homeless 42 U.S.C. 11411(i)(4) 2911. Treatment as a base closure law for purposes of other provisions of law (a) Definition of base closure law Section 101(a)(17) (D) The Defense Base Closure and Realignment Act of 2014. . (b) Definition of Base closure law (1) Section 131(b) of Public Law 107–249 10 U.S.C. 221 means has the meaning given the term ‘base closure law’ in section 101(a)(17) (2) Section 1334(k)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2701 (C) The Defense Base Closure and Realignment Act of 2014. . (3) Section 2918(a)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2687 (C) The Defense Base Closure and Realignment Act of 2014. . 2912. Conforming amendments (a) Deposit and use of lease proceeds Section 2667(e) (1) in paragraph (5), by striking on or after January 1, 2005, from January 1, 2005 through December 31, 2005, (2) by adding at the end the following new paragraph: (6) Money rentals received by the United States from a lease under subsection (g) at a military installation approved for closure or realignment under a base closure law on or after January 1, 2006, shall be deposited into the account established under section 2906 of the Defense Base Closure and Realignment Act of 2014. . (b) Requests by public agencies for property for public airports Section 47151(g) section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act ( 10 U.S.C. 2687 10 U.S.C. 2687 a base closure law, as that term is defined in section 101(a)(17) (c) Restored leave Section 6304(d)(3)(A) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 a base closure law, as that term is defined in section 101(a)(17)

National Defense Authorization Act for Fiscal Year 2015

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Corporal Michael J. Crescenz Act of 2013 - Designates the Department of Veterans Affairs (VA) medical center at 3900 Woodland Avenue in Philadelphia, Pennsylvania, as the "Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center."

S229 ENR: Corporal Michael J. Crescenz Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 229 IN THE SENATE OF THE UNITED STATES AN ACT To designate the medical center of the Department of Veterans Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania, as the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center 1. Short title This Act may be cited as the Corporal Michael J. Crescenz Act of 2013 2. 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. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Corporal Michael J. Crescenz Act of 2013

Real Transparency in Airfares Act of 2014 - Sets at $55,000, or $2,500 for an individual or small business, the maximum civil penalty assessed on a person for an unfair or deceptive practice relating to unfair methods of competition in air transportation, the sale of air transportation, or specified regulations relating to price advertising and opt-out requirements.

113 S2290 IS: Real Transparency in Airfares Act of 2014 U.S. Senate 2014-05-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2290 IN THE SENATE OF THE UNITED STATES May 5, 2014 Mr. Menendez Committee on Commerce, Science, and Transportation A BILL To increase the maximum penalty for unfair and deceptive practices relating to advertising of the costs of air transportation. 1. Short title This Act may be cited as the Real Transparency in Airfares Act of 2014 2. Increased penalties for unfair and deceptive airfare advertising practices Section 46301(a) (7) Penalty for violations of unfair and deceptive airfare advertising practices Notwithstanding paragraph (1), the maximum civil penalty assessed on a person for an unfair or deceptive practice in violation of section 41712 and described in section 399.84 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling), shall be— (A) $55,000; or (B) if the person is an individual or small business concern, $2,500. .

Real Transparency in Airfares Act of 2014

Peace Corps Equity Act of 2014 - Amends the Peace Corps Act to subject abortion service coverage by the Peace Corps for volunteers to the same limitations that apply to Peace Corps employees regarding coverage of abortion services. States that such restriction shall not be construed to limit medical evacuation coverage.

113 S2291 IS: Peace Corps Equity Act of 2014 U.S. Senate 2014-05-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2291 IN THE SENATE OF THE UNITED STATES May 6, 2014 Mrs. Shaheen Ms. Collins Mrs. Boxer Mrs. Gillibrand Mr. Murphy Mrs. Murray Ms. Warren Mr. Tester Mr. Blumenthal Mr. Brown Mr. Coons Mr. Whitehouse Mr. Durbin Ms. Cantwell Mrs. Feinstein Mr. Heinrich Ms. Hirono Mr. Johnson of South Dakota Mr. Leahy Mr. Sanders Mr. Schatz Mr. Udall of Colorado Mr. Begich Mr. Franken Ms. Stabenow Mr. Cardin Mr. Merkley Mr. Markey Committee on Foreign Relations A BILL To require that Peace Corps volunteers be subject to the same limitations regarding coverage of abortion services as employees of the Peace Corps with respect to coverage of such services, and for other purposes. 1. Short title This Act may be cited as the Peace Corps Equity Act of 2014 2. Findings Congress makes the following findings: (1) Women of the United States, particularly women serving the United States overseas, deserve a basic standard of care when it comes to their health. (2) Since its founding in 1961, the Peace Corps has advanced interests of the United States by working to promote peace and friendship between the United States and the 139 nations in which the Peace Corps has operated. (3) Over the past 50 years, more than 210,000 Peace Corps volunteers have served the United States by working in developing countries to address needs in areas such as education, health, youth and community development, business and information and communications technology, agriculture, and the environment. (4) More than 60 percent of the more than 8,000 current Peace Corps volunteers are women. (5) Peace Corps volunteers face inherent risks to their safety and security by virtue of living and working abroad. (6) Data from the Peace Corps from 2000 to 2009 indicate that more than 1,000 Peace Corps volunteers experienced sexual assaults, including 221 rapes or attempted rapes. Data from the Peace Corps also show that incidents of sexual assault and rape against volunteers often go unreported. (7) Recognizing the high incidence of sexual assault in the Peace Corps, Congress enacted the Kate Puzey Peace Corps Volunteer Protection Act of 2011 ( Public Law 112–57 (8) Since fiscal year 1979, annual appropriations Acts have prohibited the Peace Corps from covering abortion services for its volunteers (including trainees), even in cases of rape, incest, and life endangerment of the woman. Employees of the Peace Corps, on the other hand, are provided this coverage. (9) Abortion services in cases of rape, incest, and life endangerment of the woman are now available to almost all groups of women of the United States covered by Federal law, except Peace Corps volunteers. (10) Abortion coverage in cases of rape, incest, and life endangerment of the woman is available to most women, excluding Peace Corps volunteers, covered under Federal health plans, including employees covered by the Federal Employee Health Benefits Program, servicewomen covered by TRICARE, Native Americans covered by the Indian Health Service, women inmates and immigration detainees, and Medicaid and Medicare recipients. (11) There is no rational basis for denying Peace Corps volunteers a basic health care benefit that is extended to other women covered under Federal health care plans. 3. Equitable treatment of Peace Corps volunteers and employees with respect to coverage of abortion services Section 5(e) of the Peace Corps Act ( 22 U.S.C. 2504(e) (1) by striking (e) Volunteers (e) Health care (1) In general Volunteers ; and (2) by adding at the end the following: (2) Equitable treatment of volunteers and employees with respect to coverage of abortion services (A) In general Coverage of abortion services by the Peace Corps for volunteers shall be subject to the same limitations as those that apply to employees of the Peace Corps with respect to coverage by the Peace Corps of abortion services. (B) Applicability Subparagraph (A) shall apply notwithstanding any provision of law, including a provision of law enacted after the date of the enactment of the Peace Corps Equity Act of 2014 (C) Construction This paragraph shall not be construed to limit coverage of medical evacuations. .

Peace Corps Equity Act of 2014

Bank on Students Emergency Loan Refinancing Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to establish a program to refinance the unpaid principal, accrued unpaid interest, and late charges on: (1) the William D. Ford Federal Direct Loans (DLs) of qualified borrowers if the DLs were first disbursed or (in the case of Direct Consolidation Loans) applied for before July 1, 2013, and (2) the Federal Family Education Loans (FFEL) of qualified borrowers as DLs. (FFELs were not disbursed after June 30, 2010.) Refinances the FFELs as Federal Direct Stafford, Unsubsidized Stafford, PLUS, or Consolidated Loans depending on the categorization of the FFEL as a Stafford, Unsubsidized Stafford, PLUS, or Consolidated Loan. Sets the interest rate on the refinanced loans, other than the Federal Direct Consolidation Loans, at the rate for the 12 months beginning on July 1, 2013, applicable to the DL's categorization and, in the case of Stafford Loans, applicable to a loan issued to an undergraduate student or a loan issued to a graduate student. Sets the interest on refinanced Consolidation Loans at the rate on Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013. Fixes the interest rate on such loans for the period of such loans. Directs the Secretary to establish eligibility requirements based on a borrower's income or debt-to-income ratio that take into consideration providing access to refinancing for borrowers with the greatest financial need. Imposes an administrative fee on the borrowers of such reissued loans that is based on the unpaid principal, and accrued unpaid interest and late charges, of their original loan. Requires the Secretary to establish a program to refinance the unpaid principal, accrued unpaid interest, and late charges on private education loans as Federal Direct Refinanced Private Loans if the private education loans were first disbursed to qualified borrowers before July 1, 2013, and were for their own postsecondary educational expenses. Sets the interest rate on Federal Direct Refinanced Private Loans at the rate applicable for the 12 months beginning on July 1, 2013, to: (1) Direct Stafford and Unsubsidized Stafford Loans issued to undergraduates if the private education loan was issued for undergraduate expenses, (2) Direct Unsubsidized Stafford Loans issued to graduate or professional students if the private education loan was issued for graduate or professional studies, or (3) Direct PLUS Loans if the private education loan was issued for undergraduate and graduate or professional studies. Fixes the interest rate on such loans for the period of such loans. Directs the Secretary to establish eligibility requirements based on a borrower's income or debt-to-income ratio that take into consideration providing access to refinancing for borrowers with the greatest financial need. Requires qualified borrowers of such loans to undergo loan counseling before their private education loan is refinanced. Imposes an origination fee on the borrowers of Federal Direct Refinanced Private Loans. Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2015. Requires the Secretary to terminate this Act's refinancing programs when the net cost of carrying out the programs is equal to the Secretary's estimate of the amount of additional revenue generated during the 10-year period beginning on the date of this Act's enactment due to the fair share tax.

113 S2292 IS: Bank on Students Emergency Loan Refinancing Act U.S. Senate 2014-05-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2292 IN THE SENATE OF THE UNITED STATES May 6, 2014 Ms. Warren Mrs. Boxer Mrs. Murray Mr. Durbin Mr. Reed Ms. Landrieu Ms. Stabenow Mr. Brown Mr. Whitehouse Mr. Udall of Colorado Mr. Udall of New Mexico Mrs. Shaheen Mr. Merkley Mr. Begich Mrs. Gillibrand Mr. Franken Mr. Blumenthal Mr. Schatz Ms. Baldwin Mr. Murphy Ms. Hirono Ms. Heitkamp Mr. Markey Mr. Booker Mr. Sanders Mr. Leahy Mr. Heinrich Committee on Finance A BILL To amend the Higher Education Act of 1965 to provide for the refinancing of certain Federal student loans, and for other purposes. 1. Short title This Act may be cited as the Bank on Students Emergency Loan Refinancing Act 2. Refinancing programs (a) Program authority Section 451(a) of the Higher Education Act of 1965 (20 U.S.C. 1087a(a)) is amended— (1) by striking and (2) (2) (2) by inserting ; and (3) to make loans under section 460A and section 460B section 459A (b) Refinancing Program Part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. 460A. Refinancing FFEL and Federal Direct Loans (a) In general Beginning not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act (b) Reissuing Loans (1) Federal Direct Loans Upon application of a qualified borrower, the Secretary shall reissue a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan of the qualified borrower, for which the first disbursement was made, or the application for the consolidation loan was received before July 1, 2013, in an amount equal to the sum of— (A) the unpaid principal, accrued unpaid interest, and late charges of the original loan; and (B) the administrative fee under subsection (d)(3). (2) Discharging and reissuing FFEL program loans as refinanced Federal Direct Loans Upon application of a qualified borrower for any loan that was made, insured, or guaranteed under part B and for which the first disbursement was made, or the application for the consolidation loan was received, before July 1, 2010, the Secretary shall reissue such loan as a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan and the administrative fee under subsection (d)(3), to the borrower in accordance with the following: (A) The Secretary shall pay the proceeds of such reissued loan to the eligible lender of the loan made, insured, or guaranteed under part B, in order to discharge the borrower from any remaining obligation to the lender with respect to the original loan. (B) The Secretary shall reissue— (i) a loan originally made, insured, or guaranteed under section 428 as a Federal Direct Stafford Loan; (ii) a loan originally made, insured, or guaranteed under section 428B as a Federal Direct PLUS Loan; (iii) a loan originally made, insured, or guaranteed under section 428H as a Federal Direct Unsubsidized Stafford Loan; and (iv) a loan originally made, insured, or guaranteed under section 428C as a Federal Direct Consolidation Loan. (C) The interest rate for each loan reissued under this paragraph shall be the rate provided under subsection (c). (c) Interest rates (1) In general The interest rate for the reissued Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans, shall be a rate equal to— (A) in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to an undergraduate student, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; (B) in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to a graduate or professional student, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; (C) in any case where the original loan was a loan under section 428B or a Federal Direct PLUS Loan, a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; and (D) in any case where the original loan was a loan under section 428C or a Federal Direct Consolidation Loan, a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (2) Fixed Rate The applicable rate of interest determined under paragraph (1) for a reissued loan under this section shall be fixed for the period of the loan. (d) Terms and conditions of loans (1) In general A loan that is reissued under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. (2) No automatic extension of repayment period Reissuing a loan under this section shall not result in the extension of the duration of the repayment period of the loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). (3) Administrative fee The Secretary shall charge the borrower of a loan reissued under this section an administrative fee of not more than 0.5 percent of the sum of the unpaid principal, and accrued unpaid interest and late charges, of the original loan. (e) Definition of qualified borrower (1) In General For purposes of this section, the term qualified borrower (A) of a loan under this part or part B for which the first disbursement was made, or the application for a consolidation loan was received, before July 1, 2013; and (B) who meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary. (2) Income requirements Not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act (f) Expiration of authority The Secretary's authority to reissue loans under this section shall expire on the date that is determined in accordance with section 4 of the Bank on Students Emergency Loan Refinancing Act 460B. Federal Direct Refinanced Private Loan program (a) Definitions In this section: (1) Eligible private education loan The term eligible private education loan (A) was disbursed to the borrower before July 1, 2013; and (B) was for the borrower’s own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. (2) Federal Direct Refinanced Private Loan The term Federal Direct Refinanced Private Loan (3) Private educational lender The term private educational lender 15 U.S.C. 1650 (4) Qualified borrower The term qualified borrower (A) has an eligible private education loan; (B) has been current on payments on the eligible private education loan for the 6 months prior to the date of the qualified borrower's application for refinancing under this section, and is in good standing on the loan at the time of such application; (C) is not in default on the eligible private education loan or on any loan made, insured, or guaranteed under this part or part B or E; and (D) meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary under subsection (b)(2). (b) Program authorized (1) In general The Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon application by a qualified borrower who has an eligible private education loan, shall issue such borrower a loan under this part in accordance with the following: (A) The loan issued under this program shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan and the origination fee under subsection (f). (B) The Secretary shall pay the proceeds of the loan issued under this program to the private educational lender of the private education loan, in order to discharge the qualified borrower from any remaining obligation to the lender with respect to the original loan. (C) The Secretary shall require that the qualified borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the loan is reissued in accordance with this section, and before the proceeds of such loan are paid to the private educational lender. (D) The Secretary shall issue the loan as a Federal Direct Refinanced Private Loan, which shall have the same terms, conditions, and benefits as a Federal Direct Unsubsidized Stafford Loan, except as otherwise provided in this section. (2) Income requirements Not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act (c) Interest rate (1) In general The interest rate for a Federal Direct Refinanced Private Loan is— (A) in the case of a Federal Direct Refinanced Private Loan for a private education loan originally issued for undergraduate postsecondary educational expenses, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; and (B) in the case of a Federal Direct Refinanced Private Loan for a private education loan originally issued for graduate or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (2) Combined undergraduate and graduate study loans If a Federal Direct Refinanced Private Loan is for a private educational loan originally issued for both undergraduate and graduate or professional postsecondary educational expenses, the interest rate shall be a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (3) Fixed Rate The applicable rate of interest determined under this subsection for a Federal Direct Refinanced Private Loan shall be fixed for the period of the loan. (d) No inclusion in aggregate limits The amount of a Federal Direct Refinanced Private Loan, or a Federal Direct Consolidated Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be included in calculating a borrower's annual or aggregate loan limits under section 428 or 428H. (e) No eligibility for service-Related repayment Notwithstanding sections 428K(a)(2)(A), 428L(b)(2), 455(m)(3)(A), and 460(b), a Federal Direct Refinanced Private Loan, or any Federal Direct Consolidation Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be eligible for any loan repayment or loan forgiveness program under section 428K, 428L, or 460 or for the repayment plan for public service employees under section 455(m). (f) Origination fee The Secretary shall charge the borrower of a Federal Direct Refinanced Private Loan an origination fee that equals the origination fee charged for Federal Direct Unsubsidized Stafford Loans disbursed on the date upon which the Federal Direct Refinanced Private Loan is issued. (g) Expiration of Authority The Secretary's authority to reissue loans under this section shall expire on the date that is determined in accordance with section 4 of the Bank on Students Emergency Loan Refinancing Act . (c) Amendments to public service repayment plan provisions Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following: (3) Special rules for section 460A loans (A) Refinanced Federal Direct loans Notwithstanding paragraph (1), in determining the number of monthly payments that meet the requirements of such paragraph for an eligible Federal Direct Loan reissued under section 460A that was originally a loan under this part, the Secretary shall include all monthly payments made on the original loan that meet the requirements of such paragraph. (B) Refinanced FFEL loans In the case of an eligible Federal Direct Loan reissued under section 460A that was originally a loan under part B, only monthly payments made after the date on which the loan was reissued may be included for purposes of paragraph (1). ; and (3) in paragraph (4)(A) (as redesignated by paragraph (1)), by inserting (including any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan reissued under section 460A) (d) Income-Based repayment Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: (f) Special rule for refinanced loans (1) Refinanced Federal Direct and FFEL loans In calculating the period of time during which a borrower of a loan that is reissued under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the reissued loan, that otherwise meet the requirements of this section. (2) Federal Direct Refinanced Private Loans In calculating the period of time during which a borrower of a Federal Direct Refinanced Private Loan under section 460B has made monthly payments for purposes of subsection (b)(7), the Secretary shall include only payments— (A) that are made after the date of the issuance of the Federal Direct Refinanced Private Loan; and (B) that otherwise meet the requirements of this section. . 3. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VII Fair share tax on high-income taxpayers Sec. 59B. Fair share tax. 59B. Fair share tax (a) General rule (1) Phase-in of tax In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of— (A) the amount determined under paragraph (2), and (B) a fraction (not to exceed 1)— (i) the numerator of which is the excess of— (I) the taxpayer's adjusted gross income, over (II) the dollar amount in effect under subsection (c)(1), and (ii) the denominator of which is the dollar amount in effect under subsection (c)(1). (2) Amount of tax The amount of tax determined under this paragraph is an amount equal to the excess (if any) of— (A) the tentative fair share tax for the taxable year, over (B) the excess of— (i) the sum of— (I) the regular tax liability (as defined in section 26(b)) for the taxable year, (II) the tax imposed by section 55 for the taxable year, plus (III) the payroll tax for the taxable year, over (ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). (b) Tentative fair share tax For purposes of this section— (1) In general The tentative fair share tax for the taxable year is 30 percent of the excess of— (A) the adjusted gross income of the taxpayer, over (B) the modified charitable contribution deduction for the taxable year. (2) Modified charitable contribution deduction For purposes of paragraph (1)— (A) In general The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as— (i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to (ii) such amount, determined before the application of section 68. (B) Taxpayer must itemize In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. (c) High-Income taxpayer For purposes of this section— (1) In general The term high-income taxpayer (2) Inflation adjustment (A) In general In the case of a taxable year beginning after 2015, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2014 calendar year 1992 (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. (d) Payroll tax For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of— (1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over (2) the deduction allowable under section 164(f) for such taxable year. (e) Special rule for estates and trusts For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). (f) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55. . (b) Conforming amendment Section 26(b)(2) (C) section 59B (relating to fair share tax), . (c) Clerical amendment The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part VII—Fair share tax on high-Income taxpayers . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 4. Deficit Neutral Implementation of Student Loan Refinancing Programs (a) Amount of revenue The Secretary of Education shall estimate the amount that is equal to the amount of the net increase in revenue received in the Treasury during the 10-year period beginning on the date of enactment of the Bank on Students Emergency Loan Refinancing Act Bank on Students Emergency Loan Refinancing Act (b) Deficit-Neutral Termination of the Refinancing Program The Secretary of Education shall terminate the refinancing programs carried out under sections 460A and 460B of the Higher Education Act of 1965 on the date that the net cost of carrying out such refinancing programs is equal to the amount of additional revenue estimated under subsection (a). (c) Methodology When estimating cost and revenue under this section, the Secretary shall utilize the accounting methods and assumptions that are used by the Congressional Budget Office, as of the date of enactment of this Act, to make such estimations.

Bank on Students Emergency Loan Refinancing Act

National Scenic Trails Parity Act - Amends the National Trails System Act to require the North Country, Ice Age, and New England National Scenic Trails to be administered as units of the National Park System.

113 S2293 IS: National Scenic Trails Parity Act U.S. Senate 2014-05-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2293 IN THE SENATE OF THE UNITED STATES May 6, 2014 Ms. Baldwin Mr. Levin Mr. Markey Mr. Blumenthal Committee on Energy and Natural Resources A BILL To clarify the status of the North Country, Ice Age, and New England National Scenic Trails as units of the National Park System, and for other purposes. 1. Short title This Act may be cited as the National Scenic Trails Parity Act 2. North Country National Scenic Trail Section 5(a)(8) of the National Trails System Act ( 16 U.S.C. 1244(a)(8) as a unit of the National Park System 3. Ice Age National Scenic Trail Section 5(a)(10) of the National Trails System Act ( 16 U.S.C. 1244(a)(10) The trail shall be administered by the Secretary of the Interior as a unit of the National Park System. 4. New England National Scenic Trail Section 5(a)(28) of the National Trails System Act ( 16 U.S.C. 1244(a)(28) as a unit of the National Park System, administer the trail

National Scenic Trails Parity Act

National Commission on the Future of the Army Act of 2014 - Prohibits the use of funds made available for FY2015 for the Army to: (1) reduce Army personnel below the authorized fiscal year end strengths of 450,000 for active duty personnel of the Army, 345,000 for the Army National Guard, and 195,000 for the Army Reserve; or (2) divest, retire, or transfer any AH-64 Apache aircraft assigned to units of the Army National Guard as of January 15, 2014, or to reduce related personnel below the levels of such personnel as of September 30, 2014. Directs the Secretary of the Army to ensure the continuing readiness of the AH-64 Apache aircraft and crews during FY2015. Permits the use of such funds, after the Commission established by this Act submits its interim report, to prepare for the transfer of not more than 72 AH-64 Apache aircraft from the Army National Guard to the regular Army if the Secretary of Defense (DOD) certifies that such a transfer would not: (1) degrade the strategic depth or regeneration capacities of the Army, (2) degrade the Army National Guard in its role as the combat reserve of the Army, and (3) occur before October 1, 2014. Establishes the National Commission on the Future of the Army, which shall: (1) undertake a comprehensive study of the structure of the Army and policy assumptions related to its size and force mixture in order to make recommendations on how the structure should be modified to best fulfill mission requirements in a manner consistent with available resources, and (2) submit a final report to the President and the congressional defense committees by February 1, 2016. Directs the Commission to study and submit an interim report on the feasibility and advisability of a partial transfer of Army National Guard AH-64 Apache aircraft from the Army National Guard to the regular Army.

113 S2295 IS: National Commission on the Future of the Army Act of 2014 U.S. Senate 2014-05-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2295 IN THE SENATE OF THE UNITED STATES May 6, 2014 Mr. Leahy Mr. Graham Ms. Mikulski Mr. Cochran Mr. Tester Mr. Alexander Mr. Wyden Mr. Risch Mr. Coons Mr. Johanns Mr. Walsh Mr. Crapo Mr. Donnelly Mr. Lee Mr. Markey Mr. Roberts Mr. Manchin Mr. Grassley Mr. Cardin Committee on Armed Services A BILL To establish the National Commission on the Future of the Army, and for other purposes. 1. Short title This Act may be cited as the National Commission on the Future of the Army Act of 2014 2. Prohibition on use of fiscal year 2015 funds to reduce end strengths of Army personnel None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to reduce or prepare to reduce personnel of the Army, including any cancellation of training, below the authorized fiscal year end strengths for personnel of the Army as follows: (1) 450,000 for active duty personnel of the Army. (2) 345,000 for the Army National Guard. (3) 195,000 for the Army Reserve. 3. Limitation on use of fiscal year 2015 funds for transfer or divestment of certain aircraft assigned to the Army National Guard (a) Limitation (1) Aircraft None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to divest, retire, or transfer, or prepare to divest, retire, or transfer, any AH–64 Apache aircraft of the Army assigned to units of the Army National Guard as of January 15, 2014. (2) Personnel None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to reduce personnel related to any AH–64 Apache aircraft of the Army National Guard below the levels of such personnel as of September 30, 2014. (3) Readiness of aircraft and crews The Secretary of the Army shall ensure the continuing readiness of the AH–64 Apache aircraft referred to in paragraph (1) and the crews of such aircraft during fiscal year 2015, including through the allocation of funds for operation and maintenance and support of such aircraft and for personnel connected with such aircraft as described in paragraph (2). (b) Scope of limitation Nothing in subsection (a) shall be construed to limit the use of funds described in that subsection for the training of members of the Army National Guard or Army Reserve who are pilots of Apache aircraft on any other aircraft. (c) Exception Notwithstanding subsection (a), funds described in that subsection may be used after the date of the report required by section 5(b)(3) to prepare for the transfer of not more than 72 AH–64 Apache aircraft from the Army National Guard to the regular Army if the Secretary of Defense certifies in writing to the congressional defense committees that such a transfer would not— (1) degrade the strategic depth or regeneration capacities of the Army; (2) degrade the Army National Guard in its role as the combat reserve of the Army; and (3) occur before October 1, 2014. 4. National Commission on the Future of the Army (a) Establishment There is established the National Commission on the Future of the Army (in this Act referred to as the Commission (b) Membership (1) Composition The Commission shall be composed of eight members, of whom— (A) 4 shall be appointed by the President; (B) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (C) 1 shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; (D) 1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and (E) 1 shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives. (2) Appointment date The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (3) Effect of lack of appointment by appointment date If 1 or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph. (4) Expertise In making appointments under this subsection, consideration should be given to individuals with expertise in reserve forces policy. (c) 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. (d) Chair and vice chair The Commission shall select a Chair and Vice Chair from among its members. (e) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its initial meeting. (f) Meetings The Commission shall meet at the call of the Chair. (g) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (h) Administrative and procedural authorities The following provisions of law do not apply to the Commission: (1) Section 3161 (2) The Federal Advisory Committee Act (5 U.S.C. App.). 5. Duties of the Commission (a) Study on structure of the Army (1) In general The Commission shall undertake a comprehensive study of the structure of the Army, and policy assumptions related to the size and force mixture of the Army, in order— (A) to determine the proper size and force mixture of the regular component of the Army and the reserve components of the Army, and (B) to make recommendations on how the structure should be modified to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources and anticipated future resources. (2) Considerations In undertaking the study required by subsection (a), the Commission shall give particular consideration to the following: (A) An evaluation and identification of a structure for the Army that— (i) has the depth and scalability to meet current and anticipated requirements of the combatant commands; (ii) achieves a cost-efficiency balance between the regular and reserve components of the Army, taking advantage of the unique strengths and capabilities of each, with a particular focus on fully burdened and lifecycle cost of Army personnel; (iii) ensures that the regular and reserve components of the Army have the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States; (iv) provides for sufficient numbers of regular members of the Army to provide a base of trained personnel from which the personnel of the reserve components of the Army could be recruited; and (v) maximizes and appropriately balances affordability, efficiency, effectiveness, capability, and readiness. (B) An evaluation and identification of force generation policies for the Army with respect to size and force mixture in order to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources and anticipated future resources, including policies in connection with— (i) readiness; (ii) training; (iii) equipment; (iv) personnel; and (v) maintenance of the reserve components in an operational state in order to maintain the level of expertise and experience developed since September 11, 2001. (b) Study on partial transfer of certain aircraft (1) In general The Commission shall also conduct a study of the feasibility and advisability of a partial transfer of Army National Guard AH–64 Apache aircraft from the Army National Guard to the regular Army. (2) Considerations In conducting the study required by paragraph (1), the Commission shall consider the full cost and cost savings of the Army Aviation Restructuring Initiative as proposed for fiscal year 2015, including costs associated with retraining, rebasing, and remissioning. (3) Interim report Not later than 90 days after the appointment date for members of the Commission specified in section 4(b)(2), the Commission shall submit to the President and the congressional defense committees a report setting forth the results of the study conducted under paragraph (1). (c) Final report Not later than February 1, 2016, the Commission shall submit to the President and the congressional defense committees a report setting forth a detailed statement of the findings and conclusions of the Commission as a result of the study required by subsection (a), together with its recommendations for such legislation and administrative actions as the Commission considers appropriate in light of the results of the study. 6. Powers of the Commission (a) Hearings The Commission shall 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 its duties under this Act. (b) 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 its duties under this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. 7. 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 (1) 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. (2) 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 (d) 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. (e) Procurement of temporary and intermittent services The Chair 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. 8. Termination of the Commission The Commission shall terminate 90 days after the date on which the Commission submits its final report under section 5(c). 9. Congressional defense committees defined In this Act, the term congressional defense committees section 101(a)(16) 10. Funding Amounts authorized to be appropriated for fiscal year 2015 and available for operation and maintenance for the Army may be available for the activities of the Commission under this Act.

National Commission on the Future of the Army Act of 2014

Veterans Appeals Improvement Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) ensure that not fewer than three decision review officers are employed at each Department of Veterans Affairs (VA) regional office within one year after enactment of this Act; and (2) submit a notice to the House and Senate veterans' affairs committees when the number of such officers at a regional office declines to fewer than three, including a plan to increase the number to at least three and a description of the measures the Secretary plans to take to ensure that appeals before the Board of Veterans' Appeals are disposed of in a timely manner while fewer than three officers are employed at such office. Directs the Secretary to report to such committees on the ability of the Board to conduct hearings and dispose of appeals in a timely manner. Requires such report to include: (1) whether the number of members of the Board is sufficient; and (2) an assessment of the feasibility and advisability of increasing the number of decision review officers by 10%, 15%, and 25%.

113 S2296 IS: Veterans Appeals Improvement Act of 2014 U.S. Senate 2014-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2296 IN THE SENATE OF THE UNITED STATES May 7, 2014 Mrs. Shaheen Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to employ at least three decision review officers at each regional office of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans Appeals Improvement Act of 2014 2. Findings Congress makes the following findings: (1) Section 7101(a) (2) The supporting information submitted along with the budget under section 1105 (3) The annual report of the Board of Veterans' Appeals for Fiscal Year 2012 indicates that with 64 members, the Board was able to issue 44,300 decisions in that fiscal year. (4) The Board also noted in such report that there is a direct and proportional correlation between the number of members and staff of the Board and the number of decisions they can issue. 3. Minimum number of decision review officers at regional offices of Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that not fewer than three decision review officers are employed by the Department of Veterans Affairs at each regional office of the Department. (b) Notice (1) In general In any case in which the number of decision review officers employed by the Department at a regional office of the Department declines to fewer than three after the date that is 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 notice of such decline. (2) Contents Notice submitted under paragraph (1) with respect to a regional office of the Department shall include the following: (A) The number of decision review officers employed by the Department at such regional office. (B) A plan to increase the number of decision review officers at such regional office to at least three, including an estimate of when at least three decision review officers will be employed at such regional office. (C) A description of the measures that the Secretary plans to take to ensure that appeals properly before the Board of Veterans' Appeals that would normally be disposed of by decision review officers at such regional office are disposed of in a timely manner during the period in which fewer than three decision review officers are employed at such regional office. 4. Report (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 the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the ability of the Board of Veterans' Appeals to conduct hearings and dispose of appeals properly before the Board in a timely manner. (b) Contents The report required by subsection (a) shall include the following: (1) Whether the number of members of the Board is sufficient to conduct hearings and dispose of appeals properly before the Board in a timely manner. (2) An assessment of the feasibility and advisability of increasing the number of decision review officers by 10, 15, and 25 percent from the number of review officers employed by the Department on the day before the date of the enactment of this Act.

Veterans Appeals Improvement Act of 2014

Wounded Veterans Recreation Act - Amends the Federal Lands Recreation Enhancement Act to require the National Parks and Federal Recreational Lands Pass, which is made available without charge to any U.S. citizen or person domiciled in the United States who has been medically determined to be permanently disabled, to be made available: (1) to any veteran with a service-connected disability, and (2) for the lifetime of the passholder.

113 S2298 IS: Wounded Veterans Recreation Act U.S. Senate 2014-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2298 IN THE SENATE OF THE UNITED STATES May 7, 2014 Mrs. Shaheen Ms. Collins Committee on Energy and Natural Resources A BILL To provide for a lifetime National Recreational Pass for any veteran with a service-connected disability, and for other purposes. 1. Short title This Act may be cited as the Wounded Veterans Recreation Act 2. National recreational passes for disabled veterans Section 805(b)(2) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6804(b)(2) (1) By inserting and for the lifetime of the passholder without charge (2) By striking charge, to charge, to the following: (3) By striking any United States (A) Any United States . (4) By inserting after residency. (B) Any veteran with a service-connected disability, as defined in section 101 . (5) By striking the last sentence.

Wounded Veterans Recreation Act

Native American Languages Reauthorization Act of 2014 - Amends the Native American Programs Act of 1974 to reauthorize through FY2019 and revise a grant program administered by the Administration for Native Americans at the Department of Health and Human Services (HHS) to ensure the survival and continuing vitality of Native American languages. Decreases the required minimum number of enrollees in educational programs funded by the grant program from: 10 to 5 enrollees in Native American language nests, and 15 to 10 enrollees in the Native American language survival schools. Changes the duration of grants provided under the program.

113 S2299 RS: Native American Languages Reauthorization Act of 2014 U.S. Senate 2014-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 541 113th CONGRESS 2d Session S. 2299 IN THE SENATE OF THE UNITED STATES May 7, 2014 Mr. Johnson of South Dakota Ms. Murkowski Mr. Begich Mr. Franken Mr. Heinrich Ms. Hirono Mr. Schatz Mr. Tester Mr. Udall of New Mexico Mr. King Mr. Walsh Committee on Indian Affairs August 26, 2014 Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014, by Mr. Tester Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the Native American Programs Act of 1974 to reauthorize a provision to ensure the survival and continuing vitality of Native American languages. 1. Reauthorization of Native American languages program Section 816(e) of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d(e) 2008, 2009, 2010, 2011, and 2012 2015 through 2019 1. Short title This Act may be cited as the Native American Languages Reauthorization Act of 2014 2. Native American languages grant program Section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 (1) in subsection (b)(7)— (A) in subparagraph (A)(i), by striking 10 5 (B) in subparagraph (B)(i), by striking 15 10 (2) in subsection (e)(2)— (A) by striking or 3-year basis 3-year, 4-year, or 5-year basis (B) by inserting , 4-year, or 5-year on a 3-year 3. Reauthorization of Native American languages program Section 816(e) of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d(e) 2008, 2009, 2010, 2011, and 2012 2015 through 2019 Amend the title so as to read: A bill to amend the Native American Programs Act of 1974 to provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages. August 26, 2014 Reported with an amendment and an amendment to the title

Native American Languages Reauthorization Act of 2014

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act - Designates specified land and inland water within the Sleeping Bear Dunes National Lakeshore in Michigan, to be known as the Sleeping Bear Dunes Wilderness, as wilderness and as a component of the National Wilderness Preservation System. Requires the boundary of the Wilderness to be: (1) 100 feet from the centerline of adjacent county roads, and (2) 300 feet from the centerline of adjacent state highways. Specifies this Act's effect on: (1) the maintenance and improvement of roads located outside the boundary of the Wilderness; (2) Michigan's jurisdiction with respect to the management of fish and wildlife, including hunting and fishing, within the National Lakeshore; and (3) any treaty rights or any existing valid private property rights.

S23 ENR: Sleeping Bear Dunes National Lakeshore Conservation and Recreation 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. 23 IN THE SENATE OF THE UNITED STATES AN ACT To designate as wilderness certain land and inland water within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and for other purposes. 1. Short title This Act may be cited as the Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act 2. Definitions In this Act: (1) Map The term map Sleeping Bear Dunes National Lakeshore Proposed Wilderness Boundary (2) Secretary The term Secretary 3. Sleeping bear dunes wilderness (a) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land and inland water within the Sleeping Bear Dunes National Lakeshore comprising approximately 32,557 acres along the mainland shore of Lake Michigan and on certain nearby islands in Benzie and Leelanau Counties, Michigan, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Sleeping Bear Dunes Wilderness (b) Map (1) Availability The map shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Corrections The Secretary may correct any clerical or typographical errors in the map. (3) Legal description As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a legal description of the wilderness boundary and submit a copy of the map and legal description to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (c) Road Setbacks The wilderness boundary shall be— (1) 100 feet from the centerline of adjacent county roads; and (2) 300 feet from the centerline of adjacent State highways. 4. Administration (a) In general Subject to valid existing rights, the wilderness area designated by section 3(a) shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Maintenance of roads outside wilderness boundary Nothing in this Act prevents the maintenance and improvement of roads that are located outside the boundary of the wilderness area designated by section 3(a). (c) Fish and wildlife Nothing in this Act affects the jurisdiction of the State of Michigan with respect to the management of fish and wildlife, including hunting and fishing within the national lakeshore in accordance with section 5 of Public Law 91–479 16 U.S.C. 460x–4 (d) Savings Provisions Nothing in this Act modifies, alters, or affects— (1) any treaty rights; or (2) any valid private property rights in existence on the day before the date of enactment of this Act. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act

Jacob Sexton Military Suicide Prevention Act of 2014 - Directs the Secretary of Defense (DOD), at least once each year, to: (1) provide a person-to-person mental health assessment for each member of the Armed Forces on active duty and for each member of the Ready Reserve of an Armed Force for the purpose of identifying mental health conditions to determine which members are in need of additional care, treatment, or other services; and (2) submit to the House and Senate Armed Services Committees a report on such assessments, including on the number of members referred for care and services based on mental health conditions detected. Requires the Secretary to: (1) convene an interagency working group to review and recommend collaborative approaches to improving the provision of mental health services to members of the National Guard and the Reserves; (2) report the findings and recommendations of the working group to specified congressional committees; and (3) report to the Armed Services Committees on an evaluation of specific tools, processes, and best practices to improve the identification of, and treatment by the Armed Forces of, mental health conditions and traumatic brain injury among members of the Armed Forces.

113 S2300 IS: Jacob Sexton Military Suicide Prevention Act of 2014 U.S. Senate 2014-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2300 IN THE SENATE OF THE UNITED STATES May 7, 2014 Mr. Donnelly Mr. Wicker Committee on Armed Services A BILL To amend title 10, United States Code, to require the Secretary of Defense to conduct periodic mental health assessments for members of the Armed Forces and to submit reports with respect to mental health, and for other purposes. 1. Short title This Act may be cited as the Jacob Sexton Military Suicide Prevention Act of 2014 2. Annual mental health assessments for members of the Armed Forces (a) Mental health assessments (1) In general Chapter 55 section 1074m 1074n. Annual mental health assessments for members of the armed forces (a) Mental health assessments Subject to subsection (d), not less frequently than once each calendar year, the Secretary of Defense shall provide a person-to-person mental health assessment for— (1) each member of the armed forces on active duty; and (2) each member of the Ready Reserve of an armed force. (b) Purpose The purpose of a mental health assessment provided pursuant to this section shall be to identify mental health conditions among members of the armed forces in order to determine which such members are in need of additional care, treatment, or other services for such health conditions. (c) Elements The mental health assessments provided pursuant to this section shall— (1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and (2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary. (d) Sufficiency of other mental health assessments (1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title. (2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section. (e) Reports (1) Not less frequently than once each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the annual mental health assessments of members of the armed forces conducted pursuant to this section. (2) Each report required by paragraph (1) shall include, with respect to assessments conducted pursuant to this section during the one-year period preceding the date of the submittal of such report, the following: (A) The number of members who received an assessment. (B) A description of the tools and processes used to provide such assessments, including— (i) whether such tools and processes are evidenced-based; and (ii) the process by which such tools and processes have been approved for use in providing mental health assessments. (C) A description of the mental health conditions detected through such assessments. (D) The number of members referred for care and services based on mental health conditions detected through such assessments. (E) Such recommendations for improving the monitoring and reporting of the number of members who receive care and services based on such referrals as the Secretary considers appropriate. (F) Such recommendations for improving the tools and processes used to conduct such assessments, including tools that may address the underreporting of mental health conditions, as the Secretary considers appropriate. (3) No personally identifiable information may be included in any report under paragraph (1). (f) Privacy matters Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. (g) Regulations The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section. . (2) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1074m the following new item: 1074n. Annual mental health assessments for members of the armed forces. . (3) Implementation Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(g) (b) Conforming amendment Section 1074m(e)(1) of such title is amended by inserting and section 1074n of this title pursuant to this section 3. Interagency working group on the provision of mental health services to members of the National Guard and the Reserves (a) Establishment Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, the Assistant Secretary of Defense for Reserve Affairs, the Assistant Secretary of Defense for Health Affairs, the Chief of the National Guard Bureau, and the Secretary of Health and Human Services, convene an interagency working group to review and recommend collaborative approaches to improving the provision of mental health services to members of the National Guard and the Reserves. (b) Duties The duties of the interagency working group convened pursuant to subsection (a) are as follows: (1) To review existing programs that can be used to improve the provision of accessible, timely, and high-quality mental health services to members of the National Guard and the Reserves. (2) To recommend new interagency programs and partnerships to improve the provision of such mental health services to such members. (3) To recommend best practices for partnerships among the Armed Forces, the National Guard, the Department of Health and Human Services, States, and private and academic entities to improve the provision of mental health care to members of the National Guard and the Reserves. (c) Consultation In carrying out the duties under subsection (b), the interagency working group may consult with representatives of academia, industry, and such other relevant agencies, organizations, and institutions as the interagency working group considers appropriate. (d) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report that includes the findings and recommendations of the interagency working group. (2) Appropriate committees of Congress In this subsection, the term appropriate committees of Congress (A) the congressional defense committees, as that term is defined in section 101(a)(16) (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Energy and Commerce of the House of Representatives. (e) Privacy matters (1) In general Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. (2) Exclusion of personally identifiable information from reports No personally identifiable information may be included in any report required by subsection (d). 4. Report on improvements in the identification and treatment of mental health conditions and traumatic brain injury among members of the Armed Forces (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth an evaluation of specific tools, processes, and best practices to improve the identification of and treatment by the Armed Forces of mental health conditions and traumatic brain injury among members of the Armed Forces. (b) Elements The report under subsection (a) shall include the following: (1) An evaluation of existing peer-to-peer identification and intervention programs in each of the Armed Forces. (2) An evaluation of the Star Behavioral Health Providers program and similar programs that provide training and certification to health care providers that treat mental health conditions and traumatic brain injury in members of the Armed Forces. (3) An evaluation of programs and services provided by the Armed Forces that provide training and certification to providers of cognitive rehabilitation and other rehabilitation for traumatic brain injury to members of the Armed Forces. (4) An evaluation of programs and services provided by the Armed Forces that target members of the Armed Forces and family members affected by suicides among members of the Armed Forces. (5) An evaluation of tools and processes used by the Armed Forces to identify traumatic brain injury in members of the Armed Forces and to distinguish mental health conditions likely caused by traumatic brain injury from mental health conditions caused by other factors. (6) An evaluation of the unified effort of the Armed Forces to promote mental health and prevent suicide through the integration of clinical and non-clinical programs of the Armed Forces. (7) Recommendations with respect to improving, consolidating, expanding, and standardizing the programs, services, tools, processes, and efforts described in paragraphs (1) through (6). (8) A description of existing efforts to reduce the time from development and testing of new mental health and traumatic brain injury tools and treatments for members of the Armed Forces to widespread dissemination of such tools and treatments among the Armed Forces. (9) Recommendations as to the feasibility and advisability of establishing preliminary mental health assessments and pre-discharge mental health assessments for members of the Armed Forces, including the utility of using tools and processes in such mental health assessments that conform to those used in other mental health assessments provided to members of the Armed Forces. (10) Recommendations on tracking changes in the mental health assessment of a member of the Armed Forces relating to traumatic brain injury, post-traumatic stress disorder, depression, anxiety, and other conditions. (11) A description of the methodology used by the Secretary in preparing the report required by this section, including a description of the input provided by the entity and individuals consulted pursuant to subsection (c). (c) Consultation The Secretary of Defense shall carry out this section in consultation with the following: (1) An advisory council composed of— (A) behavioral health officers of the Public Health Service; and (B) mental health and other health providers who serve members of the regular and reserve components of each Armed Force. (2) The Assistant Secretary of Defense for Health Affairs. (3) The Assistant Secretary of Defense for Reserve Affairs. (4) The Secretaries of the military departments. (5) The Chief of the National Guard Bureau. (6) The Secretary of Veterans Affairs. (7) The Secretary of Health and Human Services. (8) The Director of the Centers for Disease Control and Prevention. (9) The Administrator of the Substance Abuse and Mental Health Services Administration. (10) The Director of the National Institutes of Health. (11) The President of the Institute of Medicine. (d) Privacy matters (1) In general Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. (2) Exclusion of personally identifiable information from reports No personally identifiable information may be included in any report required by subsection (a). (e) Definitions In this section: (1) Preliminary mental health assessment The term preliminary mental health assessment (2) Pre-discharge mental health assessment The term pre-discharge mental health assessment

Jacob Sexton Military Suicide Prevention Act of 2014

Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 - Amends the federal criminal code to expand the definition of "full amount of the victim's losses" for purposes of provisions governing mandatory restitution of victims of offenses involving sexual exploitation and other abuse of children to include medical services, physical and occupational therapy or rehabilitation, and lost income for the victim's lifetime, as well as any losses suffered by the victim from any sexual act or conduct in preparation for or during the production of child pornography depicting the victim involved in the offense. Sets forth guidelines for determining restitution where the victim of of a specified child pornography offense was harmed by one defendant (requiring restitution for not less than the full amount of the victim's losses) or by more than one defendant (requiring restitution for not more than the full amount of the victim's losses and not less than specified minimum amounts for certain offenses). Requires joint and several liability where there are multiple defendants and allows each defendant who is ordered to pay restitution and who has made full payment to the victim equal to or exceeding the specified minimum amount to recover contribution from any other defendant ordered to pay. Sets forth contribution claim procedures. Requires the Attorney General to report to Congress within one year after enactment of this Act on any progress of the Department of Justice (DOJ) in obtaining restitution for victims of such offenses.

113 S2301 IS: Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 U.S. Senate 2014-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2301 IN THE SENATE OF THE UNITED STATES May 7, 2014 Mr. Hatch Mr. Schumer Mr. Portman Mr. Markey Mr. Toomey Mrs. Murray Mr. Graham Mrs. Feinstein Mr. Grassley Mr. McCain Mr. Cornyn Ms. Klobuchar Mr. Pryor Committee on the Judiciary A BILL To amend section 2259 1. Short title This Act may be cited as the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 2. Findings Congress finds the following: (1) The demand for child pornography harms children because it drives production, which involves severe and often irreparable child sexual abuse and exploitation. (2) The harms caused by child pornography are more extensive than the harms caused by child sex abuse alone because child pornography is a permanent record of the abuse of the depicted child, and the harm to the child is exacerbated by its circulation. Every viewing of child pornography is a repetition of the victim's original childhood sexual abuse. (3) Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed. (4) The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim’s childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. Multiple actors independently commit intentional crimes that combine to produce an indivisible injury to a victim. (5) It is the intent of Congress that victims of child pornography be fully compensated for all the harms resulting from each and every perpetrator who contributes to their anguish. (6) Congress intends to adopt and hereby adopts an aggregate causation standard to address the unique crime of child pornography and the unique harms caused by child pornography. (7) Victims should not be limited to receiving restitution from defendants only for losses caused by each defendant’s own offense of conviction. Courts must apply a less restrictive aggregate causation standard in child pornography cases, while also recognizing appropriate constitutional limits and protections for defendants. 3. Mandatory restitution Section 2259 (1) in subsection (b), by striking paragraph (3) and inserting the following: (3) Definition (A) For purposes of this subsection, the term full amount of the victim's losses (i) lifetime medical services relating to physical, psychiatric, or psychological care; (ii) lifetime physical and occupational therapy or rehabilitation; (iii) necessary transportation, temporary housing, and child care expenses; (iv) lifetime lost income; and (v) attorneys’ fees, as well as other costs incurred. (B) For purposes of this subsection, the term full amount of the victim's losses (C) For purposes of this subsection, the term full amount of the victim's losses ; (2) by redesignating subsection (c) as subsection (d); (3) by inserting after subsection (b) the following: (c) Determining restitution (1) Harmed by one defendant If the victim was harmed as a result of the commission of an offense under section 2251, 2251A, 2252, 2252A, or 2260 by 1 defendant, the court shall determine the full amount of the victim's losses caused by the defendant and enter an order of restitution for an amount that is not less than the full amount of the victim's losses. (2) Harmed by more than one defendant If the victim was harmed as a result of offenses under section 2251, 2251A, 2252, 2252A, or 2260 by more than 1 person, regardless of whether the persons have been charged, prosecuted, or convicted in any Federal or State court of competent jurisdiction within the United States, the court shall determine the full amount of the victim’s losses caused by all such persons, or reasonably expected to be caused by such persons, and enter an order of restitution against the defendant in favor of the victim for— (A) the full amount of the victim's losses; or (B) an amount that is not more than the amount described in subparagraph (A) and not less than— (i) $250,000 for any offense or offenses under section 2251(a), 2251(b), 2251(c), 2251A, 2252A(g), or 2260(a); (ii) $150,000 for any offense or offenses under section 2251(d), 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2252A(a)(6), 2252A(a)(7), or 2260(b); or (iii) $25,000 for any offense or offenses under section 2252(a)(4) or 2252A(a)(5). (3) Maximum amount of restitution No order of restitution issued under this section may exceed the full amount of the victim's losses. (4) Joint and several liability Each defendant against whom an order of restitution is issued under paragraph (2)(A) shall be jointly and severally liable to the victim with all other defendants against whom an order of restitution is issued under paragraph (2)(A) in favor of such victim. (5) Contribution Each defendant who is ordered to pay restitution under paragraph (2)(A), and has made full payment to the victim equal to or exceeding the statutory minimum amount described in paragraph (2)(B), may recover contribution from any defendant who is also ordered to pay restitution under paragraph (2)(A). Such claims shall be brought in accordance with this section and the Federal Rules of Civil Procedure. In resolving contribution claims, the court may allocate payments among liable parties using such equitable factors as the court determines are appropriate so long as no payments to victims are reduced or delayed. No action for contribution may be commenced more than 5 years after the date on which the defendant seeking contribution was ordered to pay restitution under this section. ; (4) in subsection (d), as redesignated, by striking a commission of a crime under this chapter, or by the commission of (i) an offense under this chapter or (ii) a series of offenses under this chapter committed by the defendant and other persons causing aggregated losses, (5) by adding at the end the following: (e) Report Not later than 1 year after the date of enactment of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 .

Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014

Afghan Allies Protection Extension Act - Amends the Afghan Allies Protection Act of 2009 to extend: (1) the Afghan special immigrant visa program through FY2015, and (2) unused visa carryover authority through December 31, 2016. Expands the scope of a principal alien's qualifying employment to include employment by or on behalf of: (1) an organization associated with the U.S. mission in Afghanistan that has received U.S. funding through an official and documented contract, grant, or cooperative agreement; or (2) a media or nongovernmental organization headquartered in the United States. Revises family member requirements.

113 S2302 IS: Afghan Allies Protection Extension Act U.S. Senate 2014-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2302 IN THE SENATE OF THE UNITED STATES May 7, 2014 Mrs. Shaheen Mr. McCain Mr. Cardin Mr. Kaine Mr. Kirk Mr. Markey Mr. Portman Committee on the Judiciary A BILL To provide for a 1-year extension of the Afghan Special Immigrant Visa Program, and for other purposes. 1. Short title This Act may be cited as the Afghan Allies Protection Extension Act 2. Extension and expansion of Afghan Special Immigrant Visa Program Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 (1) in paragraph (2)— (A) in subparagraph (A)— (i) by amending clause (ii) to read as follows: (ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year— (I) by, or on behalf of, the United States Government; (II) by, or on behalf of, an organization or entity closely associated with the United States mission in Afghanistan that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement, including the International Security Assistance Force; or (III) by, or on behalf of, a media or nongovernmental organization headquartered in the United States; ; (ii) in clause (iii), by striking the United States Government an entity or organization described in clause (ii) (iii) in clause (iv), by striking by the United States Government described in clause (ii) (B) by amending subparagraph (B) to read as follows: (B) Family members An alien is described in this subparagraph if the alien is— (i) the spouse or minor child of a principal alien described in subparagraph (A) who is accompanying or following to join the principal alien in the United States; or (ii) (I) the spouse, child, parent, or sibling of a principal alien described in subparagraph (A), whether or not accompanying or following to join; and (II) has experienced or is experiencing an ongoing serious threat as a consequence of the qualifying employment of a principal alien described in subparagraph (A). ; and (2) in paragraph (3), by amending subparagraph (D) to read as follows: (D) Additional fiscal years For each of fiscal years 2014 and 2015, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000 per year, except that— (i) notwithstanding subparagraph (C), any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years 2014 and 2015 may be carried forward and provided through December 31, 2016; (ii) the 1-year period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) shall be the period from October 7, 2001, through December 31, 2014; and (iii) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2015. .

Afghan Allies Protection Extension Act

United States Coast Guard Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue in commemoration of the United States Coast Guard: (1) $5 gold coins, (2) $1 silver coins, and (3) half-dollar clad coins. Requires the design of such coins to be emblematic of the traditions, history, and heritage of the Coast Guard, and its role in securing our nation since 1790. Prescribes design requirements. Restricts the issuance of such coins to the one-year period beginning on January 1, 2017. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design and construction of the National Coast Guard Museum.

113 S2303 IS: United States Coast Guard Commemorative Coin Act U.S. Senate 2014-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2303 IN THE SENATE OF THE UNITED STATES May 7, 2014 Mr. Murphy Mr. Blumenthal Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in commemoration of the United States Coast Guard. 1. Short title This Act may be cited as the United States Coast Guard Commemorative Coin Act 2. Findings The Congress finds the following: (1) The United States Coast Guard was founded on August 4, 1790, as the Revenue Cutter Service under the United States Department of the Treasury. (2) Congress created the Coast Guard on January 28, 1915, by merging the Revenue Cutter Service and the United States Lifesaving Service, was moved to the Department of Transportation in 1967, and on February 25, 2003, became part of the Department of Homeland Security. (3) Although the smallest of the uniformed services, today the United States Coast Guard conducts a wide variety of missions to protect the public, the environment, and the United States economic and security interests in any maritime region, including international waters and America’s coasts, ports, and inland waterways. (4) Every day, the United States Coast Guard plays a broad and important role in homeland security, law enforcement, search and rescue, marine environmental pollution response, and the maintenance of river, intra-coastal and offshore aids to navigation (ATON). (5) The United States Coast Guard is our Nation’s oldest seafaring military service, staying true to their motto, Semper Paratus or Always Ready, (6) The United States Coast Guard has an estimated 42,300 men and women on active duty, who in 2012 responded to nearly 20,000 search and rescue incidents saving over 3,500 lives and protecting $77 million in property, removed 107 metric tons of cocaine and 56 metric tons of marijuana headed to the United States, and interdicted nearly 3,000 undocumented migrants on the high seas attempting to illegally enter the United States. (7) Section 213 of Public Law 108–293 The Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy (8) The National Coast Guard Museum Association, a nonprofit association dedicated to improve public understanding of the history, service and missions of the Coast Guard, is working with the United States Coast Guard, the City of New London, the State of Connecticut, and a range of local, regional, and national stakeholders to develop, plan and raise capital for the National Coast Guard Museum, to be located in New London, Connecticut. (9) The United States Coast Guard is the only military service without a national museum through which to share its history and legacy with the American public. 3. Coin Specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary (1) $5 gold coins Not more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins Not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins Not more than 750,000 half dollar coins, which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 (c) Numismatic items For purposes of sections 5134 5136 4. Design of Coin (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the traditions, history, and heritage of the United States Coast Guard, and its role in securing our Nation since 1790. (2) Designations and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2017 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The design for the coins minted under this Act shall— (1) contain motifs that specifically honor the American Coast Guardsman of both today and yesterday, in wartime and in peace, such designs to be consistent with the traditions and heritage of the United States Coast Guard, the mission and goals of the National Coast Guard Museum, and the missions and goals of the National Coast Guard Museum Foundation; (2) be selected by the Secretary, after consultation with the Secretary of Homeland Security, the National Coast Guard Museum Foundation, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facilities For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution Subject to section 5134(f) (c) Audits The National Coast Guard Museum Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).

United States Coast Guard Commemorative Coin Act

Expanding Opportunity through Quality Charter Schools Act - Revises subpart 1 (Charter School Programs) of part B (Public Charter Schools) of title V (Promoting Informed Parental Choice and Innovative Programs) of the Elementary and Secondary Education Act of 1965, including by subsuming subpart 2 (Credit Enhancement Initiatives to Assist Charter School Facility Acquisition, Construction, and Renovation) under subpart 1. Replaces the current charter school grant program with a program awarding competitive grants to state entities (state educational agencies, state charter school boards, Governors, or charter school support organizations) and, through such grantees, competitive subgrants to charter school developers to open new charter schools and expand and replicate high-quality charter schools. Requires grantees to use at least 7% of the grant funds to: (1) provide technical assistance to subgrantees and authorized public chartering agencies, and (2) work with those agencies to improve the charter school authorization process. Permits the Secretary of Education to waive certain statutory or regulatory requirements if the waiver is requested by a grant applicant and promotes the purpose of the Charter School program without tampering with what is definitionally required of charter schools. Requires the Secretary to award at least three credit enhancement grants to public entities, private nonprofit entities, or consortia of such entities that have the highest-quality applications. (Currently, the Secretary is required to award at least three grants, including at least one to a public entity, one to a private nonprofit entity, and one to a consortium of such entities, provided an application from each merits approval.) Revises the per-pupil facilities aid program (under which the Secretary makes competitive matching grants to states to provide per-pupil financing to charter schools) to allow states to: (1) partner with organizations to provide up to 50% of the state share of funding for the program; and (2) receive more than one program grant, so long as the amount of the grant funds provided to charter schools increases with each successive grant. Directs the Secretary to conduct national activities that include: providing state entities with technical assistance in awarding subgrants to charter school developers; disseminating best practices regarding public charter schools; evaluating the charter school program's impact, including its impact on student achievement; awarding competitive grants directly to charter school developers in states that have not applied for or received a charter school grant to open, replicate, and expand charter schools; and awarding competitive grants to charter management organizations or nonprofit organizations that oversee and coordinate a group of such organizations to expand and replicate high-quality charter schools. Requires states and local educational agencies to ensure that a student's records are transferred as quickly as possible to a charter school or another public school when the student transfers from one such school to the other. Allows charter schools to serve prekindergarten or postsecondary school students. Reauthorizes appropriations through FY2020.

113 S2304 IS: Expanding Opportunity through Quality Charter Schools Act U.S. Senate 2014-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2304 IN THE SENATE OF THE UNITED STATES May 7, 2014 Mr. Kirk Ms. Landrieu Mr. Alexander Mr. Bennet Mrs. Feinstein Mr. Paul Mr. Isakson Mr. Rubio Mr. Vitter Mr. Cornyn Mr. Scott Mr. Booker Mr. Hatch Mr. Carper Mr. McConnell Mr. Cruz Committee on Health, Education, Labor, and Pensions A BILL To amend the charter school program under the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Expanding Opportunity through Quality Charter Schools Act 2. References Except as otherwise specifically provided, whenever in this Act a section or other provision is amended or repealed, such amendment or repeal shall be considered to be made to that section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 3. Purpose Section 5201 ( 20 U.S.C. 7221 5201. Purpose It is the purpose of this subpart to— (1) improve the United States education system and educational opportunities for all individuals in the United States by supporting innovation in public education in public school settings that prepare students to compete in, and contribute to, the global economy; (2) provide financial assistance for the planning, program design, and initial implementation of charter schools; (3) increase the number of high-quality charter schools available to students across the Nation; (4) evaluate the impact of such schools on student achievement, families, and communities, and share best practices among charter schools and other public schools; (5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; (6) expand opportunities for students with disabilities, students who are limited English proficient, and other traditionally underserved students to attend charter schools and meet challenging State academic achievement standards; and (7) support efforts to strengthen the charter school authorizing process in order to improve performance management, including transparency, monitoring, and evaluation of such schools. . 4. Program authorized Section 5202 (20 U.S.C. 7221a) is amended to read as follows: 5202. Program authorized (a) In general The Secretary is authorized to carry out a charter school program that supports charter schools that serve elementary school and secondary school students by— (1) supporting the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (B) the dissemination of best practices of charter schools for all schools; (C) the evaluation of the impact of the charter school program on schools participating in such program; and (D) stronger charter school authorizing. (b) Funding Allotment From the amount made available under section 5211 for a fiscal year, the Secretary shall— (1) reserve 12.5 percent to support charter school facilities assistance under section 5204; (2) reserve not less than 25 percent to carry out national activities under section 5205; and (3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 5203. (c) Prior grants and subgrants The recipient of a grant or subgrant under this subpart, as such subpart was in effect on the day before the date of enactment of the Expanding Opportunity through Quality Charter Schools Act, shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. . 5. Grants to support high-quality charter schools Section 5203 ( 20 U.S.C. 7221b 5203. Grants to support high-quality charter schools (a) State Entity Defined For purposes of this section, the term State entity (1) a State educational agency; (2) a State charter school board; (3) a Governor of a State; or (4) a charter school support organization. (b) Program authorized From the amount available under section 5202(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to— (1) award subgrants to eligible applicants— (A) to open new charter schools; (B) to replicate high-quality charter schools; or (C) to expand high-quality charter schools; and (2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1) and work with authorized public chartering agencies in the State to improve authorizing quality. (c) State entity uses of funds (1) In general A State entity receiving a grant under this section shall— (A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the entity's application pursuant to subsection (f), for the purposes described in subparagraphs (A) through (C) of subsection (b)(1); (B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and (C) reserve not more than 3 percent of such funds for administrative costs, which may include the administrative costs of providing technical assistance. (2) Contracts and grants A State entity may use a grant received under this section to carry out the activities described in subparagraph (A) of paragraph (1) directly or through grants, contracts, or cooperative agreements. (3) Rule of construction Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, or State entities from awarding subgrants to eligible applicants, that use a weighted lottery, or an equivalent lottery mechanism, to give better chances for school admission to all or a subset of educationally disadvantaged students if— (A) the use of a weighted lottery in favor of such students is not prohibited by State law, and such State law is consistent with the laws described in subparagraph (G) of section 5210(2); and (B) such weighted lottery is not used for the purpose of creating schools exclusively to serve a particular subset of students. (d) Program periods; peer review; distribution of subgrants; waivers (1) Program periods (A) Grants A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for 1 additional 2-year period. (B) Subgrants A subgrant awarded by a State entity under this section— (i) shall be for a period of not more than 3 years, of which an eligible applicant may use not more than 18 months for planning and program design; and (ii) may be renewed by the State entity for 1 additional 2-year period. (2) Peer Review The Secretary, and each State entity awarding subgrants under this section, shall use a peer review process to review applications for assistance under this section. (3) Distribution of subgrants Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (A) prioritize eligible applicants that plan to serve a significant number of students from low-income families; (B) are distributed throughout different areas, including urban, suburban, and rural areas; and (C) will assist charter schools representing a variety of educational approaches. (4) Waivers The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority, except any such requirement relating to the elements of a charter school described in section 5210(2), if— (A) the waiver is requested in an approved application under this section; and (B) the Secretary determines that granting such a waiver will promote the purposes of this subpart. (e) Limitations (1) Grants A State entity may not receive more than 1 grant under this section at a time. (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for each grant period or renewal period, unless the eligible applicant demonstrates to the State entity that the charter school has demonstrated a strong track record of positive results over the course of the grant period regarding the elements described in subparagraphs (A) and (D) of section 5210(8). (f) Applications A State entity desiring 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. The application shall include the following: (1) Description of program A description of the State entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— (A) a description of how the State entity will— (i) support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools, and the proposed number of charter schools to be opened, replicated, or expanded under the State entity’s program; (ii) inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; (iii) work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by such applicants and the students attending those charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; and (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; (iv) in the case of a State entity that is not a State educational agency— (I) work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and (II) work with the State educational agency to operate the State entity’s program under this section, if applicable; (v) ensure each eligible applicant that receives a subgrant under the State entity’s program— (I) is opening or expanding schools that meet the definition of a charter school under section 5210(2); and (II) is prepared to continue to operate such charter schools once the subgrant funds under this section are no longer available; (vi) support charter schools in local educational agencies with large numbers of schools that have been identified by the State for improvement; (vii) work with charter schools to promote inclusion of all students and support all students upon enrollment in order to promote retention of students in the school; (viii) work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to attend charter schools; (ix) share best and promising practices among charter schools and other public schools; (x) ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including students with disabilities and students who are limited English proficient; and (xi) support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D) (B) a description of how the State will actively monitor and hold authorized public chartering agencies accountable to ensure high-quality authorizing activity, including by establishing authorizing standards and by approving, re-approving, and revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial management, and compliance with all applicable statutes; (C) a description of the extent to which the State entity— (i) is able to meet and carry out the priorities described in subsection (g)(2); and (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools; (D) a description of how the State entity will award subgrants, on a competitive basis, including— (i) a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include— (I) a description of the roles and responsibilities of eligible applicants and of any charter management organizations or other organizations with which the eligible applicant will partner to open charter schools, including administrative and contractual roles and responsibilities; (II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, and how a school’s performance on the State’s academic accountability system and impact on student achievement, which may include student growth, will be primary factors for renewal or revocation of the school’s charter; and (III) a description of how the autonomy and flexibility granted to the charter school are consistent with the definition of a charter school in section 5210(2); and (IV) a description of the planned activities and expenditures of subgrant funds for purposes of opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, and how the charter school will maintain financial sustainability after the end of the subgrant period; and (ii) a description of how the State entity will review applications from eligible applicants; (E) in the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner; and (F) a description of how the State entity will help the charter schools receiving funds under the State entity’s program address the transportation needs of the schools’ students. (2) Assurances Assurances that— (A) each charter school receiving funds through the State entity’s grant program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions; (B) the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x) (C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— (i) ensures that each charter school under the authority of such agency is meeting the requirements of this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and (ii) adequately monitors and provides adequate technical assistance to each charter school under the authority of such agency in recruiting, enrolling, and meeting the needs of all students, including students with disabilities and students who are limited English proficient; (D) the State entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State in improving the monitoring of the charter schools authorized by such agency, including by— (i) using annual performance data, which may include graduation rates and student academic growth data, as appropriate, to measure a school's progress toward becoming a high-quality charter school; (ii) reviewing the schools' independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported; and (iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; and (E) the State entity will ensure that each charter school in the State makes publicly available, consistent with the dissemination requirements of the annual State report card, information to help parents make informed decisions about the education options available to their children, including information on the educational program, student support services, and annual performance and enrollment data for the groups of students described in section 1111(b)(2)(C)(v)(II). (3) Requests for waivers A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section, and a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request necessary waivers, if applicable. (g) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f) (A) the degree of flexibility afforded by the State’s public charter school law and how the State entity will work to maximize the flexibility provided to charter schools under the law; (B) the proposed number of new charter schools to be opened, and, if applicable, the number of high-quality charter schools to be replicated or expanded under the program, and the number of new students to be served by such schools; (C) the likelihood that the schools opened, replicated, or expanded by eligible applicants receiving subgrant funds will increase the academic achievement of the school's students and progress toward becoming high-quality charter schools; and (D) the quality of the State entity’s plan to— (i) monitor the eligible applicants receiving subgrants under the State entity’s program; and (ii) provide technical assistance and support for— (I) the eligible applicants receiving subgrants under the State entity’s program; and (II) quality authorizing efforts in the State. (2) Priority In awarding grants under this section, the Secretary shall give priority to a State entity to the extent that the entity meets the following criteria: (A) The State entity is located in a State that— (i) allows at least one entity that is not a local educational agency to be an authorized public chartering agency for each developer seeking to open a charter school in the State; or (ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school. (B) The State entity is located in a State that ensures that charter schools receive equitable financing, as compared to traditional public schools, in a prompt manner. (C) The State entity is located in a State that provides charter schools one or more of the following: (i) Funding for facilities. (ii) Assistance with facilities acquisition. (iii) Access to public facilities. (iv) The ability to share in bonds or mill levies. (v) The right of first refusal to purchase public school buildings. (vi) Low- or no-cost leasing privileges. (D) The State entity is located in a State that uses best practices from charter schools to help improve struggling schools and local educational agencies. (E) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (F) The State entity ensures that each charter school has a high degree of autonomy over the charter school’s budget and operations, including autonomy over personnel decisions. (G) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. (h) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to carry out activities related to opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, which may include— (1) supporting the acquisition, expansion, or preparation of a charter school building to meet increasing enrollment needs, including financing the development of a new building and ensuring that a school building complies with applicable statutes and regulations; (2) paying costs associated with hiring additional teachers to serve additional students; (3) providing transportation to students to and from the charter school; (4) providing instructional materials, implementing teacher and principal professional development programs, and hiring additional non-teaching staff; and (5) supporting any necessary activities that assist the charter school in carrying out the purposes of this section, such as preparing individuals to serve as members of the charter school’s board. (i) Reporting requirements Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the grant period and at the end of any renewal period, a report that includes the following: (1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the subgrant period. (2) The number and amount of subgrants awarded under this section to carry out each of the following: (A) The opening of new charter schools. (B) The replication of high-quality charter schools. (C) The expansion of high-quality charter schools. (3) The progress the State entity made toward meeting the priorities described in subsection (g)(2), as applicable. (4) A description of— (A) how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in the State entity’s application; and (B) how the State entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools that received subgrant funds, if applicable. . 6. Facilities financing assistance Section 5204 ( 20 U.S.C. 7221c 5204. Facilities financing assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 5202(b)(1), the Secretary shall use not less than 50 percent to award not less than 3 grants, on a competitive basis, to eligible entities that have the highest-quality applications approved under subsection (d) to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined For purposes of this section, the term eligible entity (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee Selection The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (c) Grant Characteristics Grants under subsection (a) (d) Applications (1) In general To receive a grant under subsection (a) (2) Contents An application submitted under paragraph (1) (A) a statement identifying the activities proposed to be undertaken with funds received under subsection (a) (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding the charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and which are necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools to accomplish the objectives described in subsection (e) subsection (a) subsection (a) subsection (g) (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e) (B) Guaranteeing and insuring leases of personal and real property for an objective described in such subsection (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of earnings Any earnings on funds received under subsection (a) (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) subsection (k) (h) Audits and reports (1) Financial Record Maintenance and Audit The financial records of each eligible entity receiving a grant under subsection (a) (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e) (vi) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section (excluding subsection (k) (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k) (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In general The Secretary, in accordance with chapter 37 (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) subsection (k)) subsection (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) such subsection (2) Exercise of Authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1) (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program (A) that is dedicated solely for funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 5202(b)(1) and remaining after the Secretary makes grants under subsection (a) (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent for the second such year; (iii) 60 percent for the third such year; (iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations to provide up to 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such grant funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant Funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special Rule A State that is required under State law to provide charter schools in the State with access to adequate facility space may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. . 7. National activities Section 5205 (20 U.S.C. 7221d) is amended to read as follows: 5205. National activities (a) In general From the amount reserved under section 5202(b)(2), the Secretary shall— (1) use not less than 80 percent of such funds to award grants in accordance with subsection (b); and (2) use the remainder of such funds to— (A) disseminate technical assistance to State entities in awarding subgrants under section 5203(b)(1)(A); (B) disseminate best practices regarding public charter schools; (C) evaluate the impact of the charter school program carried out under this subpart, including the impact on student achievement; and (D) make grants, on a competitive basis, for the purpose of carrying out the activities described in section 5203(h), to eligible applicants that desire to open a charter school, replicate a high-quality charter school, or expand a high-quality charter school in— (i) a State that did not apply for a grant under section 5203; or (ii) a State that did not receive a grant under section 5203. (b) Grants for the replication and expansion of high-Quality charter schools The Secretary shall make grants, on a competitive basis, to eligible entities having applications approved under paragraph (2) to enable such entities to replicate a high-quality charter school or expand a high-quality charter school. (1) Definition of eligible entity For purposes of this subsection, the term eligible entity (A) a charter management organization that, at the time of the application, operates or manages one or more high-quality charter schools; or (B) a nonprofit organization that oversees and coordinates the activities of a group of such charter management organizations. (2) Application requirements An eligible entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (A) A description of the eligible entity’s objectives for implementing a high-quality charter school program with funding under this subsection, including a description of the proposed number of high-quality charter schools to be replicated or expanded with funding under this subsection. (B) A description of the educational program that the eligible entity will implement in the charter schools that the eligible entity proposes to replicate or expand, including information on how the program will enable all students to meet challenging State academic standards, the grade levels or ages of students that will be served, and the instructional practices that will be used. (C) A multi-year financial and operating model for the eligible entity, including a description of how the operation of the charter schools to be replicated or expanded will be sustained after the grant under this subsection has ended. (D) A description of how the eligible entity will inform all students in the community, including students with disabilities, students who are limited English proficient, and other educationally disadvantaged students, about the charter schools to be replicated or expanded with funding under this subsection. (E) For each charter school currently operated or managed by the eligible entity— (i) student assessment results for all students and for the subgroups of students described in section 1111(b)(2)(C)(v)(II); and (ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available 4-year adjusted cohort high school graduation rate (as defined in section 200.19(b)(1)(i)(A) (F) Information on any significant compliance issues encountered, within the last 3 years, by any school operated or managed by the eligible entity, including in the areas of student safety and financial management. (G) A request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity believes are necessary for the successful operation of the charter schools to be opened or expanded with funding under this subsection. (3) Selection criteria The Secretary shall select eligible entities to receive grants under this subsection, on the basis of the quality of the applications submitted under paragraph (2), after taking into consideration such factors as— (A) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for all students attending the charter schools the eligible entity operates or manages; (B) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for the subgroups of students described in section 1111(b)(2)(C)(v)(II); (C) the quality of the eligible entity’s financial and operating model as described under paragraph (2)(C), including the quality of the eligible entity’s plan for sustaining the operation of the charter schools to be replicated or expanded after the grant under this subsection has ended; (D) a determination that the eligible entity has not operated or managed a significant proportion of charter schools that— (i) have been closed; (ii) have had a school charter revoked due to problems with statutory or regulatory compliance; or (iii) have had the school's affiliation with the eligible entity revoked; and (E) a determination that the eligible entity has not experienced significant problems with statutory or regulatory compliance that could lead to the revocation of a school’s charter. (4) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that operate or manage charter schools that, in the aggregate, serve students at least 60 percent of whom are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act. (5) Terms and conditions Except as otherwise provided in this subsection, grants awarded under subsection (a)(2)(D) and subsection (b) shall have the same terms and conditions as grants awarded to State entities under section 5203. . 8. Records transfer Section 5208 (20 U.S.C. 7221g) is amended by inserting as quickly as possible and to the extent practicable 9. Definitions Section 5210 ( 20 U.S.C. 7221i (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (5), and (6), respectively; (2) by redesignating paragraph (4) as paragraph (1), and moving such paragraph so as to precede paragraph (2), as redesignated by paragraph (1) of this section; (3) in paragraph (2), as redesignated by paragraph (1)— (A) in subparagraph (G), by striking , and part B , the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 20 U.S.C. 1232 Family Educational Rights and Privacy Act of 1974 (B) by striking subparagraph (H) and inserting the following: (H) is a school to which parents choose to send their children, and which— (i) admits students on the basis of a lottery, if more students apply for admission than can be accommodated; or (ii) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i); ; (C) by striking subparagraph (I) and inserting the following: (I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State; ; (D) in subparagraph (K), by striking and (E) in subparagraph (L), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (M) may serve prekindergarten or postsecondary students. ; (4) by inserting after paragraph (2), as redesignated by paragraph (1), the following: (3) Charter management organization The term charter management organization (4) Charter school support organization The term charter school support organization (A) assistance to developers during the planning, program design, and initial implementation of a charter school; and (B) technical assistance to operating charter schools. ; (5) in paragraph (5)(B), as redesignated by paragraph (1), by striking under section 5203(d)(3) (6) by adding at the end the following: (7) Expansion of a high-quality charter school The term expansion of a high-quality charter school (8) High-quality charter school The term high-quality charter school (A) shows evidence of strong academic results, which may include strong academic growth, as determined by a State; (B) has no significant issues in the areas of student safety, financial management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and (D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for the subgroups of students described in section 1111(b)(2)(C)(v)(II), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (9) Replication of a high-quality charter school The term replication of a high-quality charter school (A) under an existing charter or an additional charter, if permitted by State law; (B) based on the model of a high-quality charter school; and (C) that will be operated or managed by the same nonprofit organization that operates or manages such high-quality charter school under an existing charter. . 10. Authorization of appropriations Section 5211 ( 20 U.S.C. 7221j 5211. Authorization of appropriations There are authorized to be appropriated to carry out this subpart $300,000,000 for fiscal year 2015 and such sums as may be necessary for each of the 5 succeeding fiscal years. . 11. Conforming amendments (a) Repeal Subpart 2 of part B of title V (20 U.S.C. 7223 et seq.) is repealed. (b) Table of contents The table of contents in section 2 is amended— (1) by striking the item relating to subpart 1 of part B of title V and inserting the following: Subpart 1—Charter School Program ; (2) by striking the item relating to section 5203 and inserting the following: Sec. 5203. Grants to support high-quality charter schools. ; and (3) by striking the item relating to section 5204 and inserting the following: Sec. 5204. Facilities financing assistance. . (c) Subpart heading The heading for subpart 1 of part B of title V ( 20 U.S.C. 7221 et seq. Charter School Program

Expanding Opportunity through Quality Charter Schools Act

Social Security and Marriage Equality Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to the determination of a valid marriage to account for marriages in jurisdictions other than a state. Authorizes the courts of any state to find that an OASDI benefit applicant and an insured individual were validly married in a jurisdiction other than a state at the time the applicant files a benefit application or, if the insured individual is dead, at the time the individual died.

113 S2305 IS: Social Security and Marriage Equality Act U.S. Senate 2014-05-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2305 IN THE SENATE OF THE UNITED STATES May 8, 2014 Mrs. Murray Mr. Udall of Colorado Mr. Merkley Ms. Baldwin Committee on Finance A BILL To amend the method by which the Social Security Administration determines the validity of marriages under title II of the Social Security Act. 1. Short title This Act may be cited as the Social Security and Marriage Equality Act 2. Determination of valid marriage under the Social Security Act (a) In general Section 216(h)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 416(h)(1)(A)(i) is domiciled the District of Columbia, and such applicant were married (or, if such insured individual and such applicant were not married in any State but were validly married in another jurisdiction, the courts of any State) (b) Effective date The amendments made by this section shall apply to all final determinations of family status made after June 26, 2013.

Social Security and Marriage Equality Act

Delaware River Basin Conservation Act of 2014 - Requires the Director of the United States Fish and Wildlife Service to establish a Delaware River Basin restoration program, under which the Director shall: (1) draw on management plans for the Basin or portions of the Basin and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the federal government, other state and local governments, and regional and nonprofit organizations, to identify, prioritize, and implement restoration and protection activities within the Basin; and (2) adopt a Basin-wide strategy that supports the implementation of a shared set of science-based restoration and protection activities, targets cost-effective conservation projects, and supports measurable conservation efforts. Defines "Basin" as the four-state Delaware Basin region, including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. Requires the Director to establish the Delaware River Basin restoration grant program to provide competitive matching grants to carry out the restoration program. Requires the Director to develop criteria to ensure that funded activities: (1) restore or protect fish and wildlife and their habitats; (2) improve or protect water quality by reducing pollutants and restoring headwater areas and drinking water basins; (3) improve the management of water volume and mitigation of flood damage to support the ecological needs of fish and wildlife and their habitats; (4) include priority needs or actions identified in the Basin-wide strategy; and/or (5) include restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage mitigation. Limits the federal share of the total cost of a funded project to 50%. Authorizes the Director to contract with the National Fish and Wildlife Foundation or another organization that offers grant management services.

113 S2306 IS: Delaware River Basin Conservation Act of 2014 U.S. Senate 2014-05-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2306 IN THE SENATE OF THE UNITED STATES May 8, 2014 Mr. Carper Mr. Coons Mr. Booker Mr. Menendez Mrs. Gillibrand Mr. Schumer Mr. Casey Committee on Environment and Public Works A BILL To direct the Secretary of the Interior to establish a program to build on and help coordinate funding for restoration and protection efforts of the 4-State Delaware River Basin region, and for other purposes. 1. Short title This Act may be cited as the Delaware River Basin Conservation Act of 2014 2. Findings Congress finds that— (1) the Delaware River Basin is a national treasure of great cultural, environmental, and ecological importance; (2) the Basin contains over 12,500 square miles of land in the States of Delaware, New Jersey, New York, and Pennsylvania, including nearly 800 square miles of bay and more than 2,000 tributary rivers and streams; (3) the Basin is home to more than 8,000,000 people who depend on the Delaware River and the Delaware Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife; (4) the Basin provides clean drinking water to more than 15,000,000 people, including New York City, which relies on the Basin for approximately half of the drinking water supply of the city, and Philadelphia, whose most significant threat to the drinking water supply of the city is forest clearing in the Upper Basin, according to a study conducted by the Philadelphia Water Department; (5) almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation, particularly sturgeon, eastern oyster, and red knots, which have been identified as unique species in need of habitat improvement; (6) the Basin provides habitat for over 200 resident and migrant fish species, includes significant recreational fisheries, and is a prolific source of eastern oyster, blue crab, and the largest population of the American horseshoe crab; (7) as of the date of enactment of this Act, oyster landings in the Delaware Bay are at 100,000 bushels, down from the 500,000 bushels that were harvested in the 1980s, due, in part, to water pollution and disease; (8) the Delaware Bay has the second largest concentration of shorebirds in North America and is designated as 1 of the 4 most important shorebird migration sites in the world; (9) the Basin, 50 percent of which is forested, also has 1,000,000 acres of wetland, more than 126,000 acres of which are recognized as internationally important, resulting in a landscape that provides essential ecosystem services, including recreation, commercial, and water quality benefits; (10) much of the remaining exemplary natural landscape in the Basin is vulnerable to further degradation, as the Basin gains approximately 14 square miles of developed land annually, and with new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the quantity of polluted runoff into rivers and streams; (11) the Delaware River is the longest undammed river east of the Mississippi, and a critical component of the National Wild and Scenic Rivers System in the Northeast; (12) management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife, and following 3 major floods along the Delaware River since 2004, the Governors of the States of Delaware, New Jersey, New York, and Pennsylvania have called for natural flood damage reduction measures to combat the problem, including restoring the function of riparian corridors; (13) the Delaware River Port Complex (including docking facilities in the States of Delaware, New Jersey, and Pennsylvania) is the largest freshwater port in the world, the Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the East Coast, and the Port of Wilmington, a full-service deepwater port and marine terminal, is the busiest terminal on the Delaware River, handling more than 400 vessels per year with an annual import/export cargo tonnage of more than 4,000,000 tons; (14) the Delaware Estuary, where freshwater from the Delaware River mixes with saltwater from the Atlantic Ocean, is 1 of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary; (15) the Delaware River Basin Commission is a Federal-interstate compact government agency charged with overseeing a unified approach to managing the river system and implementing important water resources management projects and activities throughout the Basin that are in the national interest; and (16) restoration activities in the Basin are supported through several Federal and State agency programs, and funding for those important programs should continue and complement the establishment of the Delaware River Basin Restoration Program, which is intended to build on and help coordinate restoration and protection funding mechanisms at the Federal, State, regional, and local levels. 3. Definitions In this Act: (1) Basin The term Basin (2) Basin State The term Basin State (3) Director The term Director (4) Foundation The term Foundation 16 U.S.C. 3701 (5) Grant program The term grant program (6) Program The term program (7) Restoration and protection The term restoration and protection (8) Secretary The term Secretary (9) Service The term Service 4. Program establishment (a) Establishment Not later than 180 days after amounts are made available to carry out this Act, the Secretary shall establish a program to be known as the Delaware River Basin restoration program (b) Duties In carrying out the program, the Secretary shall— (1) draw on existing and new management plans for the Basin, or portions of the Basin, and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin; (2) adopt a Basin-wide strategy that— (A) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1); (B) targets cost-effective conservation projects; and (C) supports measurable conservation efforts; (3) establish the grant program in accordance with section 5; and (4) provide for technical assistance in accordance with this Act. (c) Coordination In establishing the program, the Secretary shall consult, as appropriate, with— (1) the heads of Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Chief of the Natural Resource Conservation Service; (D) the Chief of Engineers of the Corps of Engineers; and (E) the head of any other applicable agency; (2) the Governors of the Basin States; (3) the Partnership for the Delaware Estuary; (4) the Delaware River Basin Commission; (5) fish and wildlife joint venture partnerships; and (6) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Basin. (d) Purposes The purposes of the program include— (1) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Basin; (2) carrying out coordinated restoration and protection activities throughout the Basin and Basin States— (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife; (C) to sustain and enhance water management and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access and recreation in the Basin; (E) to encourage environmentally sensitive land use planning and development; (F) to increase the capacity to implement coordinated restoration and protection activities in the Basin by conducting public outreach and education and promoting citizen involvement; and (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (3) providing competitive grants for technical assistance to carry out restoration and protection activities in the Basin, with priority given to activities with multiple benefits, as described in paragraph (2). 5. Grants and assistance (a) Delaware river basin restoration program To the extent that funds are available to carry out this section, the Secretary shall establish a grant program to be known as the Delaware River Basin restoration grant program (b) Criteria The Secretary, in consultation with the organizations described in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish 1 or more of the following: (1) Restoration or protection of fish and wildlife and the habitats of fish and wildlife. (2) Improvement or protection of water quality by reducing pollutants and restoring headwater areas and drinking water basins. (3) Improvement of the management of water volume and mitigation of flood damage to support the ecological needs of fish and wildlife and the habitats of fish and wildlife. (4) Inclusion of priority needs or actions identified in the Basin-wide strategy adopted under section 4(b)(2). (5) Inclusion of restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage mitigation. (c) Cost sharing (1) Federal share The Federal share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary. (2) Non-Federal share The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. (d) Administration (1) In general The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization that offers grant management services. (2) Funding If the Secretary enters into an agreement under paragraph (1), the organization selected shall— (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements If the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) (e) Technical assistance The Secretary may provide, or provide for, technical assistance to carry out this section, on a nonreimbursable basis, to— (1) other Federal agencies; (2) State and local governments; (3) nonprofit organizations; (4) community organizations; (5) institutions of higher education; or (6) other entities, as the Secretary determines to be appropriate. 6. Annual reports Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act. 7. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary to carry out this Act $5,000,000 for each of fiscal years 2015 through 2020. (b) Use Of any amount made available for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program and to provide, or provide for, technical assistance under section 5(e).

Delaware River Basin Conservation Act of 2014

International Violence Against Women Act of 2014 - Directs the Secretary of State to establish an Office of Global Women's Issues which shall be headed by an Ambassador-at-Large for Global Women's Issues. Directs the Ambassador-at-Large to coordinate U.S. government efforts regarding gender integration and advancing the status of women and girls in U.S. foreign policy. Establishes in the U.S. Agency for International Development (USAID) a Senior Coordinator for Gender Equality and Women's Empowerment who shall direct USAID activities, policies, programs, and funding relating to gender equality and women's empowerment. Directs the Ambassador-at-Large to develop or update annually for six years a U.S. global strategy to prevent and respond to violence against women and girls. Authorizes the Secretary and the Administrator of USAID to provide assistance to prevent and respond to violence against women and girls internationally.

113 S2307 IS: International Violence Against Women Act of 2014 U.S. Senate 2014-05-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2307 IN THE SENATE OF THE UNITED STATES May 8, 2014 Mrs. Boxer Mr. Menendez Ms. Collins Mr. Kirk Mrs. Shaheen Committee on Foreign Relations A BILL To prevent international violence against women, and for other purposes. 1. Short title (a) Short title This Act may be cited as the International Violence Against Women Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Statement of policy. TITLE I—International prevention of violence against women and girls Subtitle A—Official designations and institutional changes Sec. 101. Office for Global Women’s Issues. Sec. 102. Senior Coordinator for Gender Equality and Women’s Empowerment. Sec. 103. Briefing. Subtitle B—Strategy, policy, and programs Sec. 111. United States Strategy to Prevent and Respond to Gender-Based Violence Globally. Sec. 112. Implementation of the United States Strategy to Prevent and Respond to Gender-Based Violence Globally. Sec. 113. Monitoring the United States Strategy to Prevent and Respond to Gender-Based Violence Globally. 2. Findings Congress makes the following findings: (1) An estimated 1 out of every 3 women throughout the world will be beaten, coerced into sex, or otherwise abused in her lifetime. (2) Up to 70 percent of women in some countries report having been victims of domestic violence at some stage in their lives. (3) Sexual violence among adolescents and pre-adolescents is alarmingly high. In 2010, the first nationally representative survey of violence against children in Tanzania found that nearly 3 in 10 females and 1 in 7 males experienced sexual violence prior to the age of 18. (4) The International Men and Gender Equality Survey dataset shows that adult male respondents in 6 countries who had experienced violence as children were significantly more likely to report perpetrating intimate partner violence themselves than their peers who did not experience violence as children. (5) Violence against women and girls impedes progress in meeting many United States global development goals, including efforts to stem maternal mortality and the spread of HIV/AIDS. Approximately 1 in 4 women are abused during pregnancy which has been linked to miscarriage, pre-term labor, low birth weight, fetal distress, and death. (6) Country studies indicate that the risk of HIV among women who have experienced violence may be up to 3 times higher than among those who have not. Women who have experienced violence are also at higher risk for contracting HIV, and women living with HIV may be up to 3 times more likely to experience violence than other women. Fear of violence also prevents women from accessing HIV/AIDS information and receiving treatment and counseling. (7) The President’s Emergency Plan for AIDS Relief (PEPFAR) supports significant work in the field to mainstream gender-based violence into existing HIV programs. Addressing gender norms and inequities is essential to reducing HIV risk and increasing access to HIV prevention, care and treatment services for women and men. (8) Increasing women's access to economic opportunities and food security is crucial to preventing and responding to domestic and sexual violence. Inclusive finance and micro-enterprise reduce levels of intimate partner violence and provide economic independence for survivors. (9) Prevalence of sexual violence is higher among persons with disabilities, particularly for adolescents and intimate partners with disabilities, and for men and women with intellectual impairments living in institutions. (10) Displaced, refugee, and stateless women and girls in humanitarian emergencies, conflict settings, and natural disasters face extreme violence and threats, including— (A) being forced to exchange sex for food and humanitarian supplies; and (B) being at increased risk of rape, sexual exploitation, and abuse. (11) Rape and sexual assault against women and girls are used to torture, intimidate, and terrorize women and their communities. (12) Early and forced marriage of the girl child— (A) is a violation of human rights as it denies girls the right to decide when and with whom to marry; (B) is a harmful practice that deprives girls of their dignity, bringing childhood and adolescence to a premature and unnatural end; (C) can end girls’ education and can result in bonded labor or enslavement, commercial sexual exploitation, and violence against the victims; (D) significantly increases the risk of maternal death and morbidity, infant mortality and morbidity, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS; and (E) is perpetuated by poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls. (13) World Bank data shows that gender inequality directly corresponds to increased levels of political and economic instability within States. (14) Domestic violence is the most prevalent form of violence against women and prevents women from playing more active roles in the social, economic, and political development of their communities. In humanitarian crises, this global scourge becomes acute, preventing women from helping to rebuild their countries. 3. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to violence against women and girls around the world, as a matter of basic human rights as well as to promote gender equality, economic growth, and improved public health; (2) to systematically integrate and coordinate efforts to prevent and respond to violence against women and girls internationally into United States foreign policy and foreign assistance programs, including peacebuilding efforts and humanitarian relief and recovery; (3) to support and build local capacity in developing countries, including of governments at all levels and nongovernmental organizations, especially women-led organizations, to prevent and respond to violence against women and girls; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners with demonstrated experience in preventing and responding to violence against women and girls, including faith-based organizations and women-led organizations; (5) to employ a multisectoral approach to preventing and responding to violence against women and girls internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors; (6) to work at all levels, from the individual to the family, community, local, national and international levels, to prevent and respond to violence against women and girls around the globe; (7) to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include specific and thorough instruction on preventing and responding to violence against women and girls around the world; (8) to engage men and boys as partners, as an essential element of making sustained reductions in violence against women and girls; (9) to include the prevention of early and forced marriage as an important part of United States Government efforts to prevent violence against girls and promote gender equality and global health; (10) to require that all United States contractors and grantees establish appropriate policies and take effective measures to prevent violence against women and girls and sexual exploitation and abuse within their workforce; (11) to exert sustained international leadership to prevent and respond to violence against women and girls, including in bilateral and multilateral fora; (12) to implement the United States Strategy to Prevent and Respond to Gender-Based Violence Globally; and (13) to implement the United States National Action Plan on Women, Peace, and Security. I International prevention of violence against women and girls A Official designations and institutional changes 101. Office of Global Women’s Issues (a) Establishment The Secretary of State shall establish in the Office of the Secretary of the Department of State an Office of Global Women's Issues (in this section referred to as the Office (b) Purpose In addition to the duties described in subsection (c) and those duties determined by the Secretary of State, the Ambassador-at-Large shall coordinate efforts of the United States Government as directed by the Secretary regarding gender integration and advancing the status of women and girls in United States foreign policy. (c) Duties (1) In general The Ambassador-at-Large— (A) shall direct activities, policies, programs, and funding relating to gender equality and the advancement of women and girls internationally, including those intended to prevent and respond to violence against women and girls, for all bureaus and offices of the Department of State and in the international programs of all other Federal agencies; (B) shall actively promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Department of State and in the international programs of other Federal agencies; (C) shall direct, as appropriate, United States Government resources to respond to needs for gender integration and empowerment of women in United States Government foreign policies and international programs, including to prevent and respond to violence against women and girls internationally; (D) may design, support, and implement activities regarding empowerment of women internationally, including for the prevention of and response to violence against women and girls internationally; (E) shall conduct regular consultation with civil society organizations working to prevent and respond to violence against women and girls internationally; (F) shall ensure that programs, projects, and activities designed to prevent and respond to violence against women and girls internationally are subject to rigorous monitoring and evaluation, and that there is a uniform set of indicators and standards for such monitoring and evaluation that is used across all Federal agencies; (G) shall serve as the principal advisor to the Secretary of State regarding gender equality, women's empowerment, and violence against women and girls as a foreign policy matter; and (H) is authorized to represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls, including violence against women and girls internationally. (2) Information sharing and transparency The Office shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to violence against women and girls, and shall produce a full accounting of United States Government spending on such programs, projects, and activities. 102. Senior Coordinator for Gender Equality and Women’s Empowerment (a) Establishment There is established in the United States Agency for International Development a Senior Coordinator for Gender Equality and Women's Empowerment, who shall report to the Administrator of the United States Agency for International Development and who shall conduct the activities of the Administrator under this Act. (b) In general The Senior Coordinator for Gender Equality and Women’s Empowerment— (1) shall direct activities, policies, programs, and funding of the United States Agency for International Development relating to gender equality and women’s empowerment, including those intended to prevent and respond to violence against women and girls; (2) shall actively promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Agency as dictated by the USAID Gender Equality and Female Empowerment Policy; (3) shall direct Agency resources for gender equality and women’s empowerment, including to prevent and respond to violence against women and girls internationally; (4) may design, support, and implement activities led by the Agency regarding gender equality and women’s empowerment, including for the prevention and response of violence against women and girls internationally; (5) shall conduct regular consultation with civil society organizations working to prevent and respond to violence against women and girls internationally; (6) shall serve as the principal advisor to the Administrator regarding gender equality, women's empowerment, and violence against women and girls; and (7) shall track and analyze monitoring and evaluation data and findings on international prevention and response programs of the Agency, consistent with Agency-wide monitoring and evaluation activities, and in order to assist in the preparation of the comprehensive strategy developed under section 111. 103. Briefing Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large and Senior Coordinator shall brief the appropriate congressional committees on international violence against women and girls prevention and response strategies, programming, and associated outcomes, and shall submit to the appropriate congressional committees an assessment of human and financial resources necessary to fulfill the purposes and duties of this Act. B Strategy, policy, and programs 111. United States Strategy to Prevent and Respond to Gender-Based Violence Globally (a) Global strategy requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the Ambassador-at-Large, in consultation with the Senior Coordinator, shall develop or update a United States global strategy to prevent and respond to violence against women and girls. Such strategy shall be transmitted to the appropriate congressional committees and made publicly available on the Internet. (b) Initial strategy For the purposes of this section, the United States Strategy to Prevent and Respond to Gender-Based Violence Globally (c) Implementation plan Not later than 60 days after submission of the strategy under subsection (a), the Ambassador-at-Large, in consultation with the Senior Coordinator, shall submit to the appropriate congressional committees an implementation plan detailing how the strategy will be implemented in the upcoming five fiscal years, including the budget resources requested, and the specific activities to be supported, by each Executive agency under the strategy. (d) Collaboration and coordination In developing the strategy under subsection (a), the Ambassador-at-Large and Senior Coordinator shall consult with— (1) the heads of relevant Federal agencies; (2) the Senior Policy Operating Group on Trafficking in Persons; and (3) representatives of civil society and multi-lateral organizations with demonstrated experience in addressing violence against women and girls or promoting gender equality internationally. (e) Content The implementation plan required under subsection (c) shall— (1) identify eligible low-income and lower-middle income countries with significant levels of violence against women and girls, including within displaced communities, that have the governmental or nongovernmental organizational capacity to manage and implement gender-based violence prevention and response program activities and should, when possible, be geographically, ethnically, and culturally diverse from one another; (2) select 5 to 20 of the eligible countries identified under paragraph (1) in which to develop comprehensive and holistic individual country plans that incorporate at least two of the program activities listed in section 112(b); (3) assess and describe the current or potential capacity of the government of each eligible country selected under paragraph (2) and civil society organizations in each such eligible country to address and respond to violence against women and girls; (4) identify coordination mechanisms with Federal agencies that— (A) have existing programs relevant to the strategy; (B) will be involved in new program activities; and (C) are engaged in broader United States strategies around development; (5) describe the monitoring and evaluation mechanisms established for each eligible country, and their intended use in assessing overall progress in prevention and response; (6) project general levels of resources needed to achieve the stated objectives in each eligible country, including an accounting of— (A) activities and funding already expended by the Department of State, the United States Agency for International Development, other Federal agencies, other donor country governments, and other multilateral institutions; and (B) leveraged private sector resources; (7) integrate gender analysis into the strategy for each country; and (8) include, as appropriate, strategies designed to accommodate the needs of stateless, disabled, internally displaced, refugee, or religious or ethnic minority women and girls. 112. Implementation of the United States Strategy to Prevent and Respond to Gender-Based Violence Globally (a) In general The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance to prevent and respond to violence against women and girls internationally. (b) Program activities supported Assistance provided to each country selected under section 111(e)(2) should include at least two of the following activities: (1) Development and implementation of programs that work to change social norms and attitudes so that violence against women and girls is neither condoned nor tolerated. (2) Promotion of accessible quality educational and literacy opportunities for women and girls. (3) Promotion of access to economic opportunities, including by increasing distribution, credit, property, and inheritance rights for women and girls. (4) Development and enforcement of civil and criminal legal and judicial sanctions, protections, trainings, and capacity. (5) Enhancement of the health sector capacity to detect, prevent, and respond to violence against women and girls. (c) Building local capacity Not less than 10 percent of the amount of assistance provided to an eligible country under this section should be provided to community-based nongovernmental organizations, with priority given to nongovernmental organizations led by women. 113. Monitoring the United States Strategy to Prevent and Respond to Gender-Based Violence Globally (a) In general In each strategy submitted under section 111(a), the Ambassador-at-Large and Senior Coordinator shall include an analysis of best practices for preventing and addressing violence against women and girls internationally, which shall include— (1) a description of successful efforts by foreign governments, multilateral institutions, nongovernmental organizations, educational organizations, and faith-based organizations in preventing and responding to violence against women and girls; (2) recommendations related to best practices, effective strategies, and improvements to enhance the impact of prevention and response efforts; and (3) the impact of activities funded by the strategy in preventing and reducing violence against women and girls internationally. (b) Amendments The Foreign Assistance Act of 1961 is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) (A) in paragraph (11)(C), by striking and (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and (C) by adding at the end the following new paragraph: (13) wherever applicable, the nature and extent of violence against women and girls. ; and (2) in section 502B ( 22 U.S.C. 2304 (A) by redesignating the second subsection designated as subsection (i) as subsection (j); and (B) by adding at the end the following new subsection: (k) Inclusion of information relating to violence against women and girls The report required by subsection (b) shall include, wherever applicable, the nature and extent of violence against women and girls. . (c) Monitoring and evaluation In coordination with relevant officials, and consistent with the monitoring and evaluation policies of their respective agencies, the Ambassador-at-Large and the Senior Coordinator 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 implementation plan required under section 111(c). (d) Research and data collection The Secretary and the Administrator shall— (1) produce original research or analysis of effective interventions to prevent or respond to violence against women and girls internationally; (2) collect and analyze new or existing data on the scope and extent of all forms of violence against women and girls internationally, including under-documented forms of violence and violence against marginalized groups; (3) conduct research on effective interventions to respond to violence against women and girls internationally, including efforts to scale up effective programming; and (4) support systemic data collection using internationally comparable indicators, norms, and methodologies for measuring the scope, prevalence, and incidence of violence against women and girls internationally.

International Violence Against Women Act of 2014

Eric Williams Correctional Officer Protection Act of 2014 - Amends the federal criminal code to require the Director of the Bureau of Prisons to issue oleoresin capsicum spray to: (1) any Bureau officer or employee employed in a prison that is not a minimum or low security prison who may respond to an emergency situation in such prison; and (2) such additional prison officers and employees as the Director deems appropriate, subject to specified requirements. Requires any such officer or employee to complete a training course before being issued such spray and annual training on the use of such spray. Authorizes Bureau officers and employees issued such spray to use it to reduce acts of violence committed by prisoners and prison visitors against themselves, other prisoners and visitors, and Bureau officers and employees. Directs the Comptroller General (GAO), not later than three years after the date on which the Director begins to issue oleoresin capsicum spray to Bureau officers and employees, to submit to Congress a report that includes: (1) an evaluation of the effectiveness of issuing such spray on reducing crime in such prisons and acts of violence committed by prisoners against themselves and others, (2) an evaluation of the advisability of issuing such spray, and (3) recommendations to improve the safety of Bureau officers and employees in prisons.

113 S2309 IS: Eric Williams Correctional Officer Protection Act of 2014 U.S. Senate 2014-05-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2309 IN THE SENATE OF THE UNITED STATES May 8, 2014 Mr. Toomey Mr. Casey Mr. Manchin Committee on the Judiciary A BILL To amend title 18, United States Code, to authorize the Director of the Bureau of Prisons to issue oleoresin capsicum spray to officers and employees of the Bureau of Prisons. 1. Short title This Act may be cited as the Eric Williams Correctional Officer Protection Act of 2014 2. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray (a) In general Chapter 303 of part III of title 18, United States Code, is amended by adding at the end the following: 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray (a) In general The Director of the Bureau of Prisons shall issue, on a routine basis, oleoresin capsicum spray to— (1) any officer or employee of the Bureau of Prisons who— (A) is employed in a prison that is not a minimum or low security prison; and (B) may respond to an emergency situation in such a prison; and (2) to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section. (b) Training requirement (1) In general In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray. (2) Transferability of training An officer or employee of the Bureau of Prisons who completes a training course pursuant to paragraph (1) and subsequently transfers to employment at a different prison, shall not be required to complete an additional training course solely due such transfer. (3) Training conducted during regular employment An officer or employee of the Bureau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee’s regular duties. (c) Use of oleoresin capsicum spray Officers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence— (1) committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and (2) committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons. . (b) Clerical amendment The table of sections for chapter 303 of part III of title 18, United States Code, is amended by inserting after the item relating to section 4048 the following: 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray. . 3. GAO Report Not later than the date that is 3 years after the date on which the Director of the Bureau of Prisons begins to issue oleoresin capsicum spray to officers and employees of the Bureau of Prisons pursuant to section 4049 (1) An evaluation of the effectiveness of issuing oleoresin capsicum spray to officers and employees of the Bureau of Prisons in prisons that are not minimum or low security prisons on— (A) reducing crime in such prisons; and (B) reducing acts of violence committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons in such prisons. (2) An evaluation of the advisability of issuing oleoresin capsicum spray to officers and employees of the Bureau of Prisons in prisons that are minimum or low security prisons, including— (A) the effectiveness that issuing such spray in such prisons would have on reducing acts of violence committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons in such prisons; and (B) the cost of issuing such spray in such prisons. (3) Recommendations to improve the safety of officers and employees of the Bureau of Prisons in prisons.

Eric Williams Correctional Officer Protection Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013 - Amends the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 to require such stamp to be made available to the public for an additional four years.

S231 ENR: Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 231 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the Multinational Species Conservation Funds Semipostal Stamp. 1. Short Title This Act may be cited as the Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013 2. Reauthorization Section 2(c)(2) of the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 ( 39 U.S.C. 416 2 years 6 years Speaker of the House of Representatives Vice President of the United States and President of the Senate

Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013

Mother's Day Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the celebration of Mother's Day. Authorizes the Secretary to issue such coins beginning on January 1, 2018, except that the Secretary may initiate sales of such coins, without issuance, before such date. Terminates such minting authority after December 31, 2018. Requires coin sales to include a $10 surcharge per coin, with distribution of one-half of such surcharges to the St. Jude Children's Research Hospital and one-half to the National Osteoporosis Foundation for the purpose of furthering research.

113 S2310 IS: Mother's Day Commemorative Coin Act U.S. Senate 2014-05-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2310 IN THE SENATE OF THE UNITED STATES May 8, 2014 Mr. Rockefeller Mr. Manchin Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in commemoration of Mother’s Day. 1. Short title This Act may be cited as the Mother's Day Commemorative Coin Act 2. Findings Congress finds the following: (1) Anna Jarvis, who is considered to be the founder of the modern Mother’s Day, was born in Webster, West Virginia, on May 1, 1864. (2) Anna Jarvis, a resident of Grafton, West Virginia, dedicated much of her adult life to honoring her mother, Ann Maria Reeves Jarvis, who passed on May 9, 1905. (3) In 1908, the Andrews Methodist Episcopal Church of Grafton, West Virginia, officially proclaimed the third anniversary of Ann Maria Reeves Jarvis’s death to be Mother’s Day. (4) In 1910, West Virginia Governor, William Glasscock, issued the first Mother’s Day proclamation encouraging all West Virginians to attend church and wear white carnations. (5) On May 8, 1914, H.J. Res. 263 was enacted, designating the second Sunday in May to be observed as Mother’s Day, and encouraging all Americans to display the American flag at their homes as a public expression of the love and reverence for the mothers of our Nation. (6) On May 9, 1914, President Woodrow Wilson issued a Presidential proclamation directing government officials to display the American flag on all government buildings and inviting the American people to display the flag at their homes on the second Sunday of May as a public expression of the love and reverence for the mothers of our Nation. 3. Coin specifications (a) Denominations The Secretary of the Treasury (referred to in this Act as the Secretary (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender The coins minted under this Act shall be legal tender, as provided under section 5103 (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements The design of the coins minted under this Act shall be emblematic of the celebration of Mother’s Day. (b) Designation and inscriptions On each coin minted under this Act, there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2018 (3) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (c) Selection The design of the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of issuance The Secretary may issue coins minted under this Act beginning on January 1, 2018, except that the Secretary may initiate sales of the coins before such date. (c) Termination of minting authority No coins shall be minted under this Act after December 31, 2018. 6. Sale of coins (a) Sale price Notwithstanding any other provision of law, the coins minted under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk sales The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid orders at a discount (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) Surcharge required All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary as follows: (1) 50 percent to the St. Jude Children's Research Hospital, for the purpose of furthering research funded by the hospital. (2) 50 percent to the National Osteoporosis Foundation, for the purpose of furthering research activities and research funded by the foundation. (c) Audits The St. Jude Children's Research Hospital and the National Osteoporosis Foundation shall be subject to the audit requirements of section 5134(f)(2)

Mother's Day Commemorative Coin Act